General Terms
We reserve the right, in our sole discretion and at any time, to revise and update this Agreement. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Sites. It is your responsibility to ensure that you are aware of the current terms of this Agreement when you access or use the Sites. Your continued use of the Sites after any such changes come into effect will constitute your acceptance of such changes.
iMaster reserves the right at any time to suspend or terminate your account, username, password, or other identifier (whether chosen by you or provided by us), or your access to this website, in our sole discretion, without notice and for any reason, including for any violation of this Agreement. We also reserve the right, in our sole discretion, to modify or discontinue offering the Sites, in whole or in part, including any of the Sites’ features, functionality, tools or content, at any time, for any reason or no reason, with or without notice to you. iMaster will not be liable to you or any third party for any suspension or termination of your account or your use of, or inability to use, the Sites.
Eligibility
You must be over the age of 18 to access and use the Sites. The Sites are intended for individuals with chronic but conditions such as asthma, COPD, interstitial lung disease, cystic fibrosis, and bronchiectasis. Do not use the Sites if you have or think you may have any serious medical conditions, including but not limited to spinal, joint, or musculoskeletal injury, or a condition for which you have been referred to a specialist, unless such specialist has approved your use of the Sites.
You are solely responsible for providing accurate and up-to-date information when using the Sites, including but not limited to providing true and complete information related to your health condition and current symptoms, and updating such information if your condition changes. We rely on the information you provide in order to deliver the Services and relevant content to you. We may refuse to provide Services to you for any reason, in our sole discretion.
No Medical Advice
The content on our Sites is provided for general information purposes only. It is not intended to be, and you should not regard it as, medical or other professional advice, diagnosis or treatment, or a substitute for any of the foregoing. You should obtain personalized advice from a licensed physician or other qualified health care provider before making health care decisions, including but not limited to, before using the Sites or taking or refraining from any action on the basis of the Sites’ content. In the event of a medical emergency, call your doctor or 911 immediately.
RELIANCE ON ANY INFORMATION OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITES OR OTHERWISE PROVIDED BY IMASTER IS SOLELY AT YOUR OWN RISK.
Account Security and Use
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the privacy or security of any information transmitted over the Internet, including by email, though the Sites, or otherwise. Any transmission of information over the Internet is at your own risk. We are not responsible for any damages suffered by you or others related to transmission of your information over the Internet.
The safety and security of your information also depends on you. You must keep any username, password, or any other piece of information used to create an account (whether chosen by you or provided to you as part of our security procedures) confidential, and you must take all reasonable precautions to prevent access or disclosure to, or use by, any other person or entity. You agree to notify us immediately of any known or suspected unauthorized access to or use of your account, username, password or other security information, or any other breach of security by emailing us at [email protected]. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access to your account. You are also responsible for ensuring that all information you provide on the Sites is correct, current, and complete, and for promptly advising us of any changes required to the email address or other contact information associated with your account.
You are prohibited from using the Sites for any illegal, fraudulent or defamatory purposes, to take any steps that could undermine the security or integrity of the Sites, or to cause harm to, or threaten to harm, any other user of the Sites. You are also prohibited from attempting to circumvent and from violating the security of the Sites, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) disrupting network services or otherwise disrupting our ability to monitor the Sites; (e) using any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; (f) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Sites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (h) otherwise attempting to interfere with the proper working of the Sites; and (i) advocating, encouraging, assisting or permitting any third party to do any of the foregoing.
Fees for Services
If you sign up for the Services, you agree to pay iMaster the subscription fees in effect at the time the charges are incurred (“Fees”), including applicable taxes. You are responsible for providing a valid credit card and for keeping your payment information up-to-date. You hereby authorize iMaster, through its third party payment processor, to automatically charge your credit card the Fees on your subscription activation date (following your free trial period, if applicable) and thereafter on each renewal date, unless your subscription is terminated in accordance with Section 6 of this Agreement. All payment obligations are non-cancellable and all Fees are non-refundable.
Any changes to the Fees will take effect on the renewal date of your subscription. We will provide you with advance notice of any changes to Fees, including expiration of any trial period, promotion or discount.
Term and Termination of Services
In relation to your use of the Services, and subject to your compliance with this Agreement, the term of this Agreement will commence on your trial or subscription activation date (as applicable) and will continue for the duration you selected (or, in the case of a trial period, the duration indicated by iMaster)(the “Term”), unless otherwise terminated in accordance with this Agreement.
The Term will automatically renew for the same duration (or, in the case of a trial period, for the length of subscription you selected), unless you cancel your subscription for the Services within your account at least 30 days before the end of the then-current Term (or, in the case of a trial period, before the end of the trial period), in which case, such cancellation will take effect at the end of the then-current Term.
We may terminate this Agreement and your rights under it, or suspend your access to the Services, without notice to you, at any time, in the event of actual or suspected breach of the terms of this Agreement by you, including failure to pay the Fees when due. To the extent you are using the Services on a trial basis or to beta test new features or functionalities, iMaster may terminate the trial or beta test features at any time.
Intellectual Property Ownership
The Sites and the Sites’ content, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, broadcast, design, presentation, website layout, selection, arrangement, look and feel (collectively, the “IP”), are owned by iMaster, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. iMaster (or its providers or licensors, as applicable) expressly retains title and ownership to all worldwide intellectual property rights, including without limitation, design, trade secrets, know-how, patent rights, trademarks, moral rights and copyrights, in and to the IP, and any modifications, adaptations, derivative works, and enhancements made thereto, and nothing in this Agreement shall be construed as a transfer of such rights to you.
Subject to your compliance with this Agreement, iMaster grants you a limited, revocable, non-exclusive, personal, non-transferable, non-assignable and non-sublicensable right to access and use the Sites and the Sites’ content for your own personal use during the Term, but you may not copy, redistribute, reproduce, republish, re-transmit, modify, create derivative works of, or make public any of the IP, or use the IP for commercial or other uses, in whole or in part, without the express written consent of iMaster. Use of any IP, except as expressly authorized, will constitute an infringement or violation of the rights of iMaster, may be a violation of federal or other laws, and could subject you to legal action.
You hereby grant iMaster a non-exclusive, worldwide, perpetual, irrevocable, fee and royalty-free, fully transferrable and sub-licensable right and license to exploit any recommendations, enhancement requests, suggestions, or other feedback on the features or functionality of the Sites you may provide. You also acknowledge and agree that iMaster may collect and compile data and information related to your use of the Sites, including any information you provide, and use it in an aggregated and anonymized manner (“Aggregated Data”). As between you and iMaster, all right, title, and interest in the Aggregated Data, and all intellectual property rights therein, belong to and are retained solely by iMaster. You acknowledge and agree that iMaster may use Aggregated Data for any purpose, provided such Aggregated Data has been fully de-identified, including, but not limited to, to improve the Sites and for reporting and research purposes.
Indemnification
You agree to defend, indemnify, and hold harmless iMaster, and iMaster’s officers, directors, employees, agents, representatives, successors, and assigns, from and against all losses, liabilities, and costs including, without limitation, reasonable attorneys’ fees, expenses, penalties, judgments, claims and demands of every kind and character that iMaster, its officers, directors, employees, agents, representatives, successors, and assigns may incur, suffer, or be required to pay arising out of, based upon, or in any way connected with (i) your access to or use of the Sites, including any and all features, functionality, tools, and content available on and through the Sites, (ii) any interactions with any other person as a result of your use of the Sites, (iii) your breach of this Agreement, including any violation of federal, provincial or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iv) your gross negligence or willful misconduct.
iMASTER reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you. You agree to provide all assistance as iMaster may reasonably request in defence of any such claims.
Warranty Disclaimer
The sites and all content on the sites are provided “as is” and imaster disclaims all warranties of any kind, either express or implied, including, without limiting the generality of the foregoing, all warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, imaster (i) does not make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the sites or the sites’ contents, and (ii) does not guarantee that the sites, the sites’ content or documents found or attained through the sites will be accurate, up-to-date, reliable, error-free, uninterrupted, or free of viruses, worms, trojan horses or other harmful components, or that defects will be corrected.
Limitation of Liability
Imaster is not responsible for your use of the sites and you accept that your access to and use of the sites, and the viewing and use of any content therein, shall be at your sole risk and expense. You hereby release imaster and waive any and all claims and causes of action with respect to any damages caused by any of the foregoing.
Without limiting the foregoing, imaster disclaims any and all liability related to (i) your use of or inability to use the sites, (ii) the acts or omissions of any person(s) with whom you may communicate or interact as a result of your use of the sites, and (iii) any content accessed or viewed in connection with the use of the sites.
To the maximum extent permitted by law, in no event shall imaster or its directors, officers, employees, contractors, agents or representatives be liable to you, directly or indirectly, for any consequential, punitive, incidental, or special damages of any kind whatsoever (including, but not limited to, loss of your content or loss of business opportunity, profits, revenue or economic advantage) regardless of the theory of liability (whether based in contract, tort (including negligence), strict liability, misrepresentation, or under any other theory of liability whatsoever) even if imaster has been advised of the possibility of such losses.
In the event that the foregoing limitations of liability are determined by a court of competent jurisdiction to be unenforceable in your jurisdiction and imaster is found legally responsible to you for any losses you may have suffered arising in connection with your access to and use of, or inability to access or use, the sites, then imaster’s aggregate liability to you will not exceed the fees we received from you during the three-month period immediately preceding the date on which the damages arose.
The fees to be paid to imaster under this agreement do not include any assumption of risk or the possibility of such potential losses. You further acknowledge that (a) the fees charged under this agreement are based upon the disclaimer of warranties and limitation of liability specified herein and (b) such fees would be substantially higher if any of these provisions were unenforceable.
You and imaster acknowledge and agree that the essential purpose of section 9 and 10 is to allocate the risks under this agreement between you and imaster and you and imaster have relied on these limitations in determining whether to enter into this agreement.
Hyperlinks
The Sites may contain links to websites that are independently maintained by others. Because iMaster does not control or monitor these third party websites, iMaster makes no representations or warranties regarding, and assumes no responsibility for, these websites or any content referred to or included on these websites. A hyperlink to a third party website is for convenience only, and is not an endorsement or approval of such website, third party, or the third party’s products or services. Accessing a website via a hyperlink provided on the Sites is entirely at your own risk.
Miscellaneous
This Agreement, including the Privacy Policy, constitutes the entire agreement between you and iMaster related to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, and representations and warranties, both written and oral, related to the subject matter of this Agreement.
This Agreement is governed by and is to be construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods. The parties submit themselves to the exclusive jurisdiction of the federal or provincial courts located in Vancouver, British Columbia, Canada (except that iMaster may seek injunctive relief to prevent improper or unauthorized use or disclosure of any IP in any court of competent jurisdiction). EACH PARTY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
If any provision of this Agreement is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Agreement, which will remain in full force and effect. iMaster’s failure to enforce, or delay in enforcing, any of the provisions of this Agreement will not operate as a waiver of any of iMaster’s rights or privileges under this Agreement.
Sections 3, 4, 5, 7, 8, 9, 10, 11 and 12 of this Agreement shall survive in full force and effect notwithstanding any termination or expiry of this Agreement.
If you have any questions about this Agreement, please email us at [email protected].
