IF YOU DO NOT AGREE WITH SOME OR ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.
1. Use and Accuracy of Information
The Site is provided for general information only. Although ExecHealth uses reasonable commercial efforts to ensure that the information contained on the Site is accurate, ExecHealth does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Site.
These Terms provide only a limited license to access and use the Site. Accordingly, ExecHealth does not transfer any ownership or intellectual property interest or title in and to the Site to you or anyone else in connection with your use of the Site. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, the “Materials”) are exclusively owned, controlled, or licensed by ExecHealth or its parent company WELL Health Technologies Corp. (“WELL”).
ExecHealth , WELL, and all other names, logos, marks, and icons identifying ExecHealth and its products, or services are owned exclusively by ExecHealth or WELL, and any use of such marks without the prior express written permission of ExecHealth is hereby expressly prohibited. Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties. No part of the Services will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof. The Materials may be protected under copyright, trademark and other laws of Canada and other countries, and ExecHealth or WELL own all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
The Site may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by ExecHealth of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
5. Errors and Inaccuracies; Corrections
The Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
THE SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, “AS AVAILABLE”, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY EXECHEALTH. TO THE FULL EXTENT PERMITTED BY LAW, EXECHEALTH AND ALL DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF EXECHEALTH DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR INABILITY TO DO ANY OF THE FOREGOING.
6. Limitation of Liability
YOUR USE OF THE SITE AND THE SERVICES IS UNDERTAKEN AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL EXECHEALTH OR ANY DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS AND SUPPLIERS OF EXECHEALTH , BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, YOUR RELIANCE ON THE SITE, THE SERVICES, AND THE MATERIALS, OR ANY CONSEQUENCES FLOWING THEREFROM. EXECHEALTH IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site, the Services or the Materials or with this Agreement, your sole and exclusive remedy is to discontinue using the Site or the Services as applicable.
You agree to indemnify and save harmless ExecHealth and all directors, officers, employees, shareholders, agents, contractors and suppliers of ExecHealth (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site, the Services or the Materials or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Site and the Services.
8. Governing Law and Courts
This Agreement and your use of the Site will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Site will be deemed solely based in the Province of British Columbia, Canada; and that the Site will be deemed to be passive in nature and not giving rise to personal jurisdiction over ExecHealth in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Site and this Agreement. However, you agree that nothing herein precludes ExecHealth’s application for injunctive remedies or other urgent legal relief in any jurisdiction.
9. Severability; Waiver
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of Sections 1, 3 – 12 will survive termination of the Agreement, howsoever occasioned.
This Agreement is between you and ExecHealth and is not assignable or transferable expect with the express written consent of ExecHealth, which may be unreasonably withheld. ExecHealth may assign or transfer any of its rights or obligations within this Agreement without your consent.
12. Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Site, the Services, and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Site. You agree that we have this right, and that your continued use of the Site following notice of such change means that you agree to and accept the amendments.
Questions about the Site, or regarding your rights and responsibilities under this Agreement, can be directed to email@example.com.
Last modified: June 3, 2021