Last updated: July 7, 2020
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service.
The Service and its original content, features and functionality are and will remain the exclusive property of InBody Canada and its licensors. Except as stated herein, none of the Service may be copied, reproduced, republished, uploaded, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by InBody Canada.
InBody Canada has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that InBody Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through, or for any access to, any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS”, with “ALL FAULTS”, and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We, including all our affiliates, have no liability whatsoever for your use of our Service. We cannot guarantee and do not promise any specific results from the use of Service, including, but not limited to, related software. We do not represent or warrant that our content, services, or any software found within are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or software and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content, services, and related software is disclaimed.
Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our Service at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data, or other harm of any kind that may result. We and all our affiliates are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and us.
Our website and services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our Service will create any warranty, representation, or guarantee not expressly stated in these Terms.
We are not responsible or liable in any manner for any content posted on our Service or in connection with our Service, whether posted or caused by us or a third party.
Our Service may be temporarily unavailable from time to time for maintenance or other reasons. Our service may contain bugs, errors, problems, or other limitations.
We are not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to your computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Service, including, without limitation, any software provided through our Service.
Under no circumstances will we be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Service, or any interactions between users of our Service, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Service by third parties or by any of the equipment or programming associated with or utilized by our Service.
We do not represent or otherwise warrant that our Service will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Service will be correct, accurate, timely, or otherwise reliable.
Limitation of Liability
In no event will we or our directors, employees, affiliates or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of our Service, content, or any related software accessed through or downloaded from our Service, even if
we are aware or have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Service.
Any legal controversy or claim arising from or relating to these Terms or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration pursuant to the Arbitration Act, 1991 of Ontario, as amended. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.