TERMS OF SERVICE

Acceptance of Terms and Conditions

By accessing this website (“website”), and any of its pages, you agree to be bound by the terms and conditions set out below (“Terms and Conditions”). If you do not agree with these Terms and Conditions, you must not use or view the website.

Changes may be made at any time to the Terms and Conditions, without prior notice to you. It is your responsibility to review the Terms and Conditions each time you enter the website. Your continued use of the website shall constitute your acceptance to be bound by the Terms and Conditions and any changes thereto.

References to HS Heroes (“HSH”) in these Terms and Conditions includes HS Heroes as well as its directors, officers, employees, trustees, agents and other representatives.

Ownership, Copyright and Permitted Use

Any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names (collectively “Content”) contained on the website is the property of HSH, its content suppliers or its licensors as the case may be, and is protected by Canadian and international copyright, trademark, and other applicable laws.

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the website may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of HSH or of third parties that are used under license. The display of Trademarks on the website does not imply the grant of any license to any other party and, except with the express written consent of HSH, the use of any Trademarks is prohibited.

As a condition of your use of the website, you warrant to HSH that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

HSH hereby grants to you a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Content located on the website for personal, non-commercial and not-for-profit use only. The website is made available for lawful, personal use only.

Other than as specifically described herein, the website and its Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express written consent of HSH.

Materials Provided To HSH Or Posted On HSH Website or Social Media Site

HSH does not claim ownership of the materials you provide to HSH (including feedback and suggestions) or post, upload, input or submit to the HSH website or its associated social media sites (collectively “Submissions”). However, by posting, uploading, or providing your Submission you are granting HSH permission to use your Submission in connection with the operation of its Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HSH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HSH’s sole discretion.

By posting, uploading, or providing your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section.

Disclaimer and Limitation of Liability

The Content on the website is intended for educational and informational purposes only. The Content is not intended to provide medical advice and, to the extent that medical advice is required, users should consult with qualified medical professionals. Information in text files, interactive tools, messages or articles on this website cannot replace consultations with qualified health-care professionals to meet your individual medical needs.

The Content is obtained from a number of sources and is provided without charge on an “as is” basis without any representation, warranty or condition, whether express or implied, statutory or otherwise, as to quality, accuracy, completeness, legality, currency, reliability, efficacy or fitness for a particular purpose.

HSH and its content providers shall have no liability whatsoever, whether direct, indirect, consequential, contingent, special or incidental, related to or arising from the Content on the website or the use thereof, including without limitation negligence, injury, infringement of intellectual property rights, strict liability, breach of warranty, failure of essential purpose, fundamental breach or otherwise, even if advised of the possibility thereof.

Advertising and Editorial Independence

The presence of advertising or a sponsor logo on the website does not constitute a recommendation or endorsement by HSH, nor is it a guarantee for the quality, value or effectiveness of any products, services or methods advertised by our sponsors. No advertising or sponsorship is intended to substitute for the advice of a qualified medical professional.

HSH maintains editorial independence and operational separation from our corporate sponsors. HSH makes decisions about the Content without interference from our corporate sponsors and none of our health information is altered or edited by our corporate sponsors.

Privacy Policy

HSH, in accordance with industry-standard practice, monitors use of the website by means of tracking software and other methods (such as “cookies”). HSH employs safeguards to secure the information contained on and collected through the website, and collects, uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference and available by clicking [Privacy Policy]

The Privacy Policy may be amended by HSH from time to time, in its sole discretion, without notification or liability to you or any other person, by making an amended Privacy Policy accessible through the website. Each time you use the website, you consent to the collection, use and disclosure of your personal information by HSH in accordance with the privacy policy as it then reads.

Linked Sites

While the website may contain links to third party sites (“Linked Sites”), HSH is not responsible for the content of any Linked Sites. HSH provides links to Linked Sites for informational purposes and for the convenience of its users only. HSH makes no representation or warranty regarding any Linked Sites or their content, and does not endorse any Linked Sites or any views expressed, information contained in, or products or services appearing, available or described thereon. Links to Linked Sites do not imply that HSH sponsors, endorses, is affiliated or associated with, the Linked Sites or their associated companies or products, or is legally authorized to use any content displayed in or accessed through the links to the Linked Sites. HSH does not control or guarantee the currency, accuracy, relevance, timeliness or completeness of information found on Linked Sites. HSH cannot authorize the use of copyrighted materials published on Linked Sites. Users must request such authorization from the sponsors of those Linked Sites. HSH is not responsible for transmissions users may receive from Linked Sites. HSH is not responsible for or liable in any way for commercial transactions with Linked Sites. When you access such Linked Sites, you are doing so at your own risk and are subject to the terms and conditions of use of the Linked Sites in question.

Indemnity

You agree to indemnify, defend and hold harmless HSH from and against any and all actions, proceedings, costs, claims, damages, demands, liabilities and costs, including without limitation reasonable legal fees and expenses, sustained and/or incurred by HSH, directly or indirectly, arising out of or connected to your use of the website or the Content in breach of these Terms and Conditions, your violation or infringement of the rights of others, and/or your violation of any applicable laws. You will assist and co-operate as fully as reasonably required by HSH in the defence of any such claim or demand.

Governing Law and Dispute Resolution

The Terms and Conditions and all matters relating thereto are governed by the laws of the Province of Ontario and the federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between HSH and you arising from or relating to the website or the Content or the Terms and Conditions shall be resolved before the courts of the Province of Ontario sitting in the City of Toronto, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.

Contact Us

If you have any comments or questions about the Terms and Conditions or your use of the website or any part thereof, please contact HSH at info@hsheroes.ca

General

If any provision of the Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No waiver by either party of any breach of or default of the Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. HSH’s failure to enforce any provision of the Terms and Conditions shall not be construed as a waiver of such provision.

The Terms and Conditions, including any changes made from time to time, constitute the entire agreement between you and HSH relating to your use of the website and the Content.