Terms and Conditions
WELCOME TO THE INFOTECH INC. (“INFOTECH“) WEB SITE AT WWW.WELLNESSCHECKPOINT.COM (THE “SITE“). BY USING THE SITE, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS AND CONDITIONS (“TERMS & CONDITIONS“). IF YOU DO NOT AGREE BE BOUND BY THESE TERMS & CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SITE AND YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF THE SITE. YOUR USE OF THE SITE CONFIRMS YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS & CONDITIONS.
Last revised: February 9, 2015
Part 1 – RESERVED RIGHTS AND GRANT OF LIMITED LICENSE
1.1 – Copyright © 1992 – 2015 InfoTech Inc. All rights reserved. The Site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws. Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation of the Site or Information (as that term is defined below), whether in whole or in part, without the express written permission of InfoTech is strictly prohibited. InfoTech either owns the intellectual property rights, including copyright, or has acquired the necessary rights and/or licences, in all of the information contained in the Site, including but not limited to all text, HTML code, java script, multimedia clips, images, illustrations, graphics, icons, and the selection and arrangement of the contents of the Site (collectively, the “Information“). Portions of the Information may have been licensed to InfoTech and/or published on the Site (with InfoTech’s permission) by third parties. InfoTech specifically disclaims any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of such third party information (“Third Party Information“).
1.2 – As a user of the Site, you are granted a limited license to use (display or print) short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified or altered in any way and provided further that you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. You may, subject to these Terms & Conditions, print or otherwise save individual pages for your own personal non-commercial use. None of the Information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of InfoTech.
Part 2 – NO ADVICE AND NO SOLICITATION
2.1 – The Information provided on the Site and any linked information, document or site (each, a “Linked Source”) is for educational or informational purposes only, and is not intended to constitute, and you agree that they do not constitute, the practice of or furnishing of medical, health care or other advice, diagnosis, consultation, treatment or services in any jurisdiction by InfoTech. No such Information is intended to be a substitute for professional medical or health care advice, diagnosis or treatment. You should always seek advice from your professional health care provider regarding your medical condition. You should never forego or disregard professional health care advice, or delay in obtaining it. If you have or suspect that you have a medical problem, contact your health care provider immediately. Nothing contained on or provided through the Site or any Linked Source is intended to be or should be used for medical diagnosis or treatment. In no event will InfoTech be liable to you or anyone else for any decision you or they make or action taken by you or anyone else in reliance upon the Information or any Linked Source.
2.2 – The Information and the Site are not targeted to users in any particular jurisdiction, nor are they intended to constitute, and you agree that they do not constitute, contracts with InfoTech in any jurisdiction, nor doing business in any jurisdiction nor the solicitation of business anywhere by InfoTech.
Part 3 – THIRD PARTY LINKS
3.1 – The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites are independently developed, maintained and operated by parties other than InfoTech, and InfoTech does not assume responsibility for the accuracy or appropriateness of any information contained at such sites. In providing links to other sites, InfoTech is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites, and in no way will InfoTech be responsible, in any way, for your use of such other sites.
3.2 – A link to another site should not be construed to mean that InfoTech is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
3.3 – The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its products or services.
Part 4 – NO WARRANTIES
4.1 – InfoTech believes that all of the Information provided on the Site is reliable when posted. However, InfoTech does not guarantee the quality, accuracy, completeness or timeliness of the Information provided or any information provided on linked sites or communications provided on or through the use of the Site. InfoTech assumes no obligation to update the Information or advise on further developments concerning topics mentioned. Information contained on the Site may contain typographical errors. Information provided may be changed without notice.
4.2 – Access to the Site and to any Information on the Site is provided on an “as is” basis, without warranty of any kind (including without limitation, warranties of title or non-infringement). InfoTech does not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any Information (including specifically, but without limitation, Third Party Information), products, services, merchandise or other material contained on or linked to by the Site. Although InfoTech tries to ensure that the Site will be available at all times, we make no guarantee or warranty of access or that the Site will be virus-free or free from other harmful components – use of the Site is at your own risk. You should not assume that the Site will be error-free or virus-free or that the Site will operate without interruption.
4.3 – To the fullest extent permitted by law, each of InfoTech, its licensors and its suppliers disclaim all warranties, representations and conditions regarding use of the Site or the Information provided, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
4.4 – InfoTech is not responsible for any content or information on the Site or any linked site that you may find offensive, undesirable or objectionable.
Part 5 – LIMITATION OF LIABILITY
5.1 – YOUR USE OF THE SITE AND THE INFORMATION IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, WHERE PERMITTED BY APPLICABLE LAW, NEITHER INFOTECH NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES OR AFFILIATES WILL BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, ANY INACCURACY, INCOMPLETENESS OR INCORRECTNESS CONTAINED IN INFORMATION DISPLAYED ON OR THROUGH THE SITE OR YOUR RELIANCE OR ACTING UPON ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, SICKNESS, DISEASE OR WRONGFUL DEATH, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, AND WHETHER OR NOT INFOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 – You agree to indemnify, defend and hold InfoTech harmless from and against all costs, losses, damages and expenses, including reasonable attorney’s fees, resulting from any violation by you of these Terms & Conditions, or any access to and use of or activity related to the Site (including negligent or wrongful conduct). The provisions of this Section 5.2 shall enure to the benefit of InfoTech, and each of its affiliates or associates and their respective directors, officers, shareholders, employees, agents and contractors. Each of these entities or individuals shall have the right to assert and enforce these provisions directly against you.
5.3 – InfoTech disclaims any liability for unauthorized use or reproduction of any portion of the Site.
Part 6 – GENERAL
6.1 – Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of InfoTech or others. The display of any such marks or names on the Site does not imply that you have been granted a license by InfoTech or other entities with respect to them.
6.2 – InfoTech reserves the right, in its sole discretion, to add to, remove from, modify or otherwise change any part of these Terms & Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when they are posted on the Site. Please check these Terms & Conditions regularly for updates by checking the “Last revised” date below. If any change is not acceptable to you, you must discontinue your use of the Site immediately. Your continued use of the Site after any such changes are posted will constitute acceptance of those changes. Further, InfoTech reserves the right to change, modify, suspend or discontinue any aspect of the Site from time to time without notice or liability and for any reason whatsoever. You should print off and keep a copy of these Terms & Conditions for your records.
6.3 – The Site is presented by InfoTech from within Canada, and InfoTech makes no representation that materials on the Site are lawful, appropriate or available for use in locations outside of Canada. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Site.
6.4 – You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.
6.5 – The laws of the Province of Manitoba and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms & Conditions notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding instituted under or related to these Terms & Conditions.
6.6 – You acknowledge that InfoTech may terminate these Terms & Conditions, modify, suspend or discontinue the Site for any or no reason, or end your access to the Site at any time, without notice and without liability to you.
6.7 – The parties agree that these Terms & Conditions and any related documents be drafted in English. Les parties reconnaissent que la présente entente et les documents s’y rattachant soient rédigés en anglais.
If you have questions, comments, concerns or suggestions about this these Terms and Conditions, please contact our Privacy Officer at:
InfoTech Inc., Privacy Officer
Phone: 204 788-1500
Fax: 204 788-1600