Terms of Service

This Terms of Service was last updated on June 30, 2018.

Please carefully review the terms of service of this site.

Terms

Terms of Service

©2018 INDIVA.com, LLC. All rights reserved. Please refer to the Terms of Service below.

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GENERAL

The website at the URL “indiva.com”, (“this Website,” “the Site,” “the Website,” or “INDIVA’s Website,”) and any subdomains, services and/or tools it offers are owned and operated by INDIVA Inc. (“INDIVA”, “indiva.com”, “We”, “Our” and “Us”, including where applicable any affiliates of INDIVA). In order to access and use the services provided on the Site (the “Services”) and/or to purchase a product offered for sale through the website (the “Products”), you must register and create an account (an “Account”) and agree to these Terms and Conditions as well as the Privacy Policy available on this website (the “Agreement”).

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NOT MEDICAL ADVICE

The website and any content on the Website (content can include subdomains, webpages, images, text, sounds, and other data or intellectual assets), also known as “the Content” is provided for general informational purposes only. None of the information contained on this website constitutes medical advice and is not a representation as to the efficacy, intended use, or advised use of any of the Products or Services listed and/or sold on the website. No Content on the Website is intended to be or be a substitute for professional medical advice. By using the Website you agree that you do not consider any Content on the website to be professional medical advice, and do not use Content on the Website as a substitute for a consultation with a health professional.

NEVER CONSULT INDIVA.COM OR ANY CONTENT CONTAINED THEREIN WHEN SEEKING MEDICAL ADVICE. IF YOU NEED MEDICAL ADVICE CONSULT A PHYSICIAN, NURSE PRACTITIONER, OR ANY OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU HAVE ABOUT YOUR HEALTH, ILLNESS, AND/OR THE SUITABILITY OF EFFECTIVENESS OF MEDICAL CANNABIS OR ANY OTHER TREATMENT WITH REGARD TO YOUR CONDITION. DO NOT SUPERCEDE A PROFESSIONAL HEALTHCARE PROVIDER’S ADVICE WITH ANYTHING YOU LEARN ON THIS WEBSITE. IF YOU HAVE A MEDICAL EMERGENCY CALL YOUR DOCTOR OR 911 IMMEDIATELY.

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ACCEPTANCE

By using the website you implicitly agree to the Terms and Conditions laid out in this document and agree that they apply every time you access the website. You also agree and warrant that you will only use INDIVA’s website for sanctioned, legitimate purposes and not for any illegal or unauthorized purpose including without limitation, violation of any law whether criminal, intellectual, or privacy law or any other applicable law or regulation. By using the website you warrant that you meet the age of majority in your province of residence and are legally capable of entering into a binding contract with INDIVA. You agree that you will not to attempt to interfere with our Website’s network, security features, functionality or to gain unauthorized access to our systems at any time by any means.

You also give us the right to collect, use, and disclose any personal information you share with us through our website in accordance with our Privacy Poilcy.

Before registering as a user and creating an account on the website you must read and accept all terms and conditions contained in or linked to in this Terms and Conditions document and the INDIVA Privacy Policy. We also recommend that you read in full any linked information which you come across as you read the Terms and Conditions and Privacy Policy. If you do not agree to the INDIVA Terms and Conditions, you are not permitted to create or have an account or to complete the registration process. Any questions, queries, or concerns regarding these Terms and Conditions can be directed to [email protected].

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ELIGIBILITY

The Site and Services are only intended for use by residents of Canada who meet the age of majority. By registering an Account and using the Services, you represent and warrant that you are ordinarily resident in Canada. You also represent and warrant that you are of the age of majority. The Site, Products, and Services are only intended to be used by adults over the age of majority and not intended to be used by minors. With regard to the Terms and Conditions laid out in this document, a “minor” is someone who has not reached the age of eighteen (18) and the age of majority in the respective jurisdiction in which the user is accessing the Site. Minors are forbidden from creating, registering for an account, or accessing the site in any way. In cases where a doctor or healthcare practitioner has prescribed Products or Services offered by INDIVA to a minor as part of a treatment plan, the Products or Services must be procured by the minor’s caregiver or guardian. The caregiver or guardian is responsible for creating an account and filling out and submitting the documentation which allows them to procure our Products or Services for a minor.

Some INDIVA Products and Services may be regulated under Canadian regulations including the Controlled Drugs and Substances Act (Canada), the Access to Cannabis for Medical Purposes Regulations (Canada; “ACMPR”), the Narcotic Control Regulations (Canada; the “NCR”), and other applicable laws. When registering for an Account on the Site and purchasing Products or Services you represent and warrant that you are not aware that use or procurement of any INDIVA Products or Services violates any laws listed here or otherwise.

As defined in the ACMPRT some Products and/or Services may be restricted to qualified Health Care Practitioners. If you register for an account or procure Products or Services as a Healthcare Practitioner you are warranting and representing that you satisfy all legal requirements of hold such a designation.

You specifically represent and warrant that you have not been named in a notice issued under section 59 of the NCR which has not been retracted under section 60 of the NCR and are in good legal standing. INDIVA reserves the right to confirm your compliance with the representations and warranties you have made by agreeing to this document. INDIVA may confirm your compliance at any time by investigating or requesting supporting documentation from you or the necessary party.

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REGISTRATION AND PASSWORD

You must register as a user on the website by creating an account in order to use the Services and/or Products provided on the site. You are required to provide all of the “Registration Information,” requested on the site when when you register. After you register successfully you become a “Registered User.” The registration process for creating an Account requires that you create a Password and User Identification, or “User ID.” INDIVA will identify you using your User ID and associate you with the specific account you registered. Your password allows you to access your account. It is your responsibility to create a unique, secure password and not disclose it to anyone. INDIVA recommends using a combination of numbers, letters, and special characters to create a secure password. You are responsible for action taken using your account, even if you share your account information, password, or personal information with others. You will lose control over your personal information and may be subject to legally-binding actions taken using your account if you give up control of or lose your password. If your account or password becomes compromised notify INDIVA immediately or change your password.

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REGISTRATION UNDER THE ACMPR

To provide Products and Services to you, the User, you or an individual for whom you are responsible as the client (“Registered Client”) must be registered with INDIVA within the parameters described in the ACMPR (“ACMPR Registration”). By pursuing the creation of an account you agree to provide the original copies of the documents containing all the information INDIVA requires to register you as a client under the ACMPR (collectively, “The Application”). You acknowledge and agree that the ACMPR Registration is subject to requirements of the ACMPR. You are aware of and agree to the condition that INDIVA may refuse, cancel, or terminate your ACMPR Registration at any time if at any time and subject to our discretion we believe that you have provided any false and/or misleading information in any form with an Application or a request to amend a registration or you are not eligible to be registered for any reason.

BY USING THIS WEBSITE YOU AGREE THAT INDIVA IS NOT LIABLE IN ANY FORM WHATSOEVER FOR ANY LOSS, LIABILITY, OR DAMAGE ARISING IN ANY FORM FROM ANY REFUSED, CANCELLED, OR TERMINATED ACMPR REGISTRATION.

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USE OF THE SITE

You are permitted to view and/or print out physical copies of individual pages (“Webpages”) from the Website for what can reasonably considered personal, informational, record-keeping, or non-commercial use, however, you are not permitted to otherwise reproduce, copy, republished, collect or catalogue (by any analog or digital means) modify, or distribute any of the Content or Webpages without INDIVA’s express, written consent. Except when otherwise expressly noted in writing from INDIVA, you may not use the Website or any Content for commercial purposes.

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USE OF THE SITE (INDIVA.COM)

By using the website you implicitly agree to the Terms and Conditions laid out in this document. You also agree and warrant that you will only use INDIVA’s website for sanctioned, legitimate purposes and not for any illegal or unauthorized purpose including without limitation, violation of any law whether criminal, intellectual, or privacy law or any other applicable law or regulation. By using the website you warrant that you meet the age of majority in your province of residence and are legally capable of entering into a binding contract with INDIVA. You agree that you will not to attempt to interfere with our Website’s network, security features, functionality or to gain unauthorized access to our systems at any time by any means. You also give us the right to collect, use, and disclose any personal information you share with us through our website in accordance with our Privacy Policy.access.

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USE OF THE SITE (INDIVA.COM)

No User of the Website, whether registered or not, may at any time use the Website or any Content on the website for any unlawful or illegal purposes. The Website or Products or Services are not necessarily appropriate or available for use in all areas and INDIVA makes no such representation. INDIVA also makes no representation that users can or should access the Website or use the Products and Services from areas and/or jurisdictions where accessing the Website or using the Services are not permitted by law. Users who access the Website or use the Services from a jurisdiction in which doing so is unlawful do so on their own initiative and are responsible for their own compliance with any applicable local laws. You will not do any of the following while using the Website, Services, Tools, or Functionality of the website: Break these Terms and Conditions, any laws, any third-party policies, or any of our other policies;
Make use of the Website, any Services, Tools, or Functionality if you are not capable or able to legally form legally binding contracts, if you do not meet the age of majority in the province or territory where you reside, or if you are suspended from using the Website or Products or Services or Tools offered by INDIVA;
Use the Website in any capacity which could cause this Website to be negatively impacted in any way included but not limited to damaging, disabling, overburdening, or impairing. Post any content which could reasonably considered libelous, false, defamatory, inaccurate, misleading, or which exposes others’ personal information on the Website; Give access to or transfer an INDIVA User Account and/or User ID and/or Password to any other party without the express written consent of INDIVA.
Post and/or distribute any unrelated content on the Website including but not limited to chain messages, pyramid schemes, solicitations, spam, or bulk electronic messages; Obstruct, abuse, interfere or otherwise affect the security of the Website or any Products, Services, Service Resources, Servers, User Accounts, or any other Network(s) connected to the Website or affiliated websites or linked websites;
Implant, upload, instal, or otherwise distribute viruses, spyware, or any malicious technologies which may directly or indirectly harm INDIVA’s online assets (including the Website and all other digital technology), and/or the property of Registered Users; Not to interfere with or disrupt any other person’s use of the Website or any linked sites or affiliates;
Employ a robot, crawler, scraper, spider, or any other type of automated device or manual process used to scrape data from or copy Webpages or Content contained on the Website; Obtain or attempt to obtain unauthorized access to the Website or any section or Webpages of the Website which are not intended for general access and/or require login credentials; Copy, modify, or distribute access or rights to Content from the Website and any tools or Services or INDIVA’s trademarked or copyrighted material or assets;
Collect or attempt to collect any information about Registered Users of INDIVA, including but not limited to email addresses or any personal information without the express consent of the User.

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PROHIBITED USE OF THE SERVICES AND PRODUCTS

Your application and use of INDIVA Products and Services constitutes an agreement not to use any of the Products or Services unlawfully. You acknowledge in particular that the Products and Services offered by INDIVA are provided solely and exclusively for the personal of the Registered Client for whom they are procured, as identified on the containers the Products are packaged in as well as the accompanying documents included with the delivery of the products. You agree not to make INDIVA Products or Services available, not to offer them, or provide them to any individual other than the Registered Client(s) associated with your Account.

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SALE OF PRODUCTS

INDIVA reserve the right to cancel or refuse orders to any customer for any reason, including but not limited to for failure to comply with the applicable ACMPR Registration and the Terms and Conditions. If for any reason INDIVA discovers or has any reason to suspect whatsoever that any order is fraudulent or otherwise illegal or not permitted by law of INDIVA Terms and Conditions INDIVA reserves the right to inform the respective authorities and cancel the offending order.

Prices for any and all Products and Services on the INDIVA website may change at any time at INDIVA’s sole discretion and without notice. Any applicable sales taxes and/or shipping fees will be applied to an order prior to purchase. All Products and Services sold by INDIVA are intended for and sold exclusively for use by the Registered Client indicated on the product container as well as on the documentation accompanying the product during delivery. The Content published on this Website by INDIVA do not constitute any representation, warranty, guarantee, or otherwise a statement regarding the effectiveness or efficacy of any Products and/or Services sold on the Website for any purpose to the extent it is permitted in the ACMPR and/or any other applicable law(s).

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REFER AND EARN PROGRAM

You can earn credit towards future purchases in INDIVA’s online store (“INDIVA Dollars” or “Credit”) when you (the “Referrer”) refer another customer (the “Referee”) who successfully registers as an INDIVA customer and makes a purchase. Any Referee referred by the Referrer must fulfill all of the necessary requirements for becoming an INDIVA customer as outlined in the ACMPR and these Terms and Conditions. You can refer Referees to INDIVA exclusively by using the functionality built into your account page on the Website. You must provide the full legal name of the Referee to INDIVA and it must exactly match the name the Referee registers with INDIVA. INDIVA reserves the right to deny or revoke credit given to the Referrer at any time solely at INDIVA’s discretion.

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COMPASSIONATE PRICING

INDIVA offers a discount in the form of a reduced price (known as “Compassionate Pricing”) to eligible clients. Any user of the website seeking to take advantage of Compassionate Pricing must be eligible and must apply through the Compassionate Pricing functionality built into their account on the Website. In order to complete the application, a user must submit the INDIVA Patient Assistance Form through their account page on the Website, proving that they earn a combined income, from all sources, of less than thirty thousand ($30,000) Canadian Dollars per year. Government subsidies and assistance counts towards the $30,000 Canadian Dollars. The application can be submitted at any time after INDIVA receives the documentation necessary to register a client under the ACMPR. Not all strains are eligible for Compassionate Pricing. INDIVA reserves the right to change the terms of compassionate pricing at any time at its sole discretion and without warning or notice. INDIVA reserves the right to change the eligible strains at any times at its sole discretion.

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INSURANCE

You can request that INDIVA seek pre-approval from an insurer or any other similar service provider (“Insurer”). INDIVA may, but is not obliged to, comply by invoicing the Insurer for Products and Services which are covered, on your behalf. Should the pre-approval be granted, INDIVA reserves the right to directly invoice the Insurer for a claim on your behalf, at INDIVA’s discretion. INDIVA may invoice for all of or part of the cost of any Product or Service (“Covered Amount”) ordered by the client (“Claim”), in accordance with the authorization of the Insurer. A Claim is subject to any limitations imposed by the Insurer to which the claim is being submitted. By allowing INDIVA to submit Claims on your behalf you also allow INDIVA to disclose any information which is reasonably required to obtain pre-approval of a Claim or to process any Claim on your behalf.

You, the customer, will be required to pay any balance at the time of purchase if the Covered Amount is less than the full price paid at checkout. By agreeing to these Terms and Conditions you accept that you, the customer, are fully liable for the costs of Products and Services purchased at any time. If any Insurer fails to reimburse any Claim in full at any time INDIVA will collect the leftover unpaid balance from you, the customer by charging the remaining amount to any credit card or other payment method associated with your Account without notifying you in advance.

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ORDER LIMITS

Sales on the Website are subject to the availability of inventory. At INDIVA’s sole discretion, INDIVA may discontinue or limit the quantities of Products or Services offered to customers either individual or in a certain region or jurisdiction.

The quantity which any individual customer can procure are subject to the limitations stipulated in the ACMPR. Each order cannot exceed thirty (30) times the daily quantity specified on the applicable ACMPR registration (known as the “Daily Quantity”) or one-hundred-and-fifty (150) grams - whichever is the lesser quantity. No amount of orders made in a thirty (30) day period may exceed may exceed, cumulatively, thirty (30) times the Daily Quantity. INDIVA will refuse any order which exceeds the limits laid out here.

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VIOLATION OF TERMS

By using the Site you acknowledge that INDIVA has the right, in its sole discretion, to restrict, change, or terminate your access or any other user’s access to the site without any liability to you or a third party should you violate or assist in violating any of these Terms and Conditions, violate any of INDIVA’s rights, interfere with any other user’s access or use of the site in any way, should INDIVA decide that your use is detrimental to the site in any way, detrimental to INDIVA, or any of INDIVA’s suppliers, licensors, or partners. The INDIVA team works hard to keep the Website and any Services and Tools working optimally for the convenience of our Users. If you encounter any violations of our Terms and Conditions and/or Privacy Policy, or content which one might reasonably deem offensive please report it to us so we can address it. We may take any measures at our sole discretion to remedy the situation including but not limited to suspending, terminating, or otherwise affecting any user account, limiting individual User’s access to Products and/or Services, reducing, removing, or restricting access to the Website and Content, tools, functionality, or services, deleting or editing content posted and hosted on the Website, and/or taking legal and/or technical measures to ensure that Users who are causing problems and/or posing legal liabilities which infringe on the intellectual property or other rights of INDIVA, Users, or Third Parties or who are acting in a way which is not consistent with the letter and spirit of all INDIVA Policies (Terms and Conditions, Social Media Policy, Privacy Policy) cannot access the Website. INDIVA may also suspend, restrict, or terminate the accounts of Registered User who may infringe any other entity’s intellectual property rights repeatedly, or for any other reasons, whenever we should deemed such circumstances to be occurring, at our discretion. INDIVA reserves the right to modify, suspend, or discontinue the Website and any tools, Services, or functionality associated with it and/or to cancel unconfirmed accounts or accounts which have had long periods of inactivity, completely at INDIVA’s discretion.

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ACCURACY OF SITE CONTENT

All All Website Content including but not limited to descriptions of processes of creating derivatives, processes of extraction, or any other Products or derivatives containing Products is included on the Website on an “as is” basis and is intended solely for informational purposes. This Content and the information it contains is subject to change at any time without notice. Although the Website is updated regularly to be kept current and accurate, Content on the Website may be inaccurate, incorrect, or otherwise out-of-date. INDIVA is not liable for and assumes no responsibility for any such errors, inaccuracies, omissions, or timeliness or any Content. Under no circumstances will INDIVA be held accountable or responsible for any loss or damage which results from a User’s reliance on information or any content posted, published, or otherwise hosted on the Website. INDIVA does not endorse, accept responsibility for, or adopt responsibility for the accuracy and/or reliability of opinions, statements, or advice made by any party which appears on the Website or guarantee the completeness, utility, accuracy, or relevance of any Content or information on the Website. By using the Website you agree and acknowledge that INDIVA and any shareholders, officers, directors, employees, and other respective affiliates are and not and will not be subject at any time to liability of any kind based on or in part by any omissions, oversights, or errors in the Content or information contained therein, whether or not any such individuals were aware or should have known of any such omissions, oversights, or errors in the Content or who were somehow connected to the omission or inclusion of such Content.

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PROPRIETARY RIGHTS

All intellectual property on the Website is © 2017 INDIVA or its suppliers. All rights reserved. The content on the Website is covered by a copyright owned or licensed by INDIVA and is protected under the Copyright Act of Canada and through common law rights as well as by other copyright laws in their respective countries. The reproduction, adaptation, distribution, linking to, or transmission of any Content or material on this Website by any means or process without explicit and specific written consent of INDIVA is not permitted. Linking the Content or material to a third party or performance of the Content in public is also not permitted without the written consent of INDIVA. No act or communication on the Site will be construed as conferring transfer to you of intellectual property of any kind or of any other proprietary rights of INDIVA or any third party, whether by implication, by estoppel, or otherwise including any confidential information, copyright, trade secret, patent, or trademark.

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CONTENT POSTED BY YOU

You consent and represent that you are and will always be solely and completely responsible for the contents of any and all submissions you make (also called “User Content”). You also agree and represent that you will not submit any User Content or material which can reasonably be considered defamatory, abusive, unlawful, or obscene. Furthermore you agree and warrant that you will not submit any content to any section of the Website that will violate the right of a third party connected to INDIVA, including but not limited to trademark, copyright, privacy, or any other type of right(s).

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CHANGES TO THESE TERMS OF USE AND THE SITE

INDIVA reserve the right to change or amend these Terms and Conditions at may revise and/or update these Terms and Conditions at any time. Your continued use of the Site after any changes or amendments to these Terms and Conditions means you accept those changes. When the Terms and Conditions are updated we will notify users of the update by displaying a prominent notification on the Site home page. The update will be accessible to all website users and visitors, whether or not they have accounts. Where we are required to do so by law we will notify users of the nature of any amendment of these terms and conditions and when the amendment will be taking effect. We will notify users by email before the amendment of the Terms and Conditions takes effect.

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LIABILITY DISCLAIMER

IF YOU CHOOSE TO USE THE SITE OR ANY FUNCTIONALITY OF THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND ANY FUNCTIONALITY OF THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INDIVA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY LAW. INDIVA MAKES NO WARRANTY THAT THE SITE OR ANY FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. INDIVA MAKES NO WARRANTY REGARDING THE QUALITY OF THE PRODUCT, THE SERVICES OR TOOLS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INDIVA OR THROUGH THE SITE, SERVICES OR TOOLS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICES. YOU UNDERSTAND THAT INDIVA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIVA AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE SITE; (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIVA IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF INDIVA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

FROM TIME TO TIME, INDIVA MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT INDIVA’S SOLE DISCRETION. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.

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LIMIT ON DAMAGES AND CLAIMS

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. By using this website and any functionality you consent to defend, indemnify, release, and hold INDIVA and any subsidiaries, affiliates, directors, employees, agents, officers of INDIVA harmless against and from claims, damages, liabilities, expenses, and/or losses including but not limited to legal and/or accounting fees which are reasonable and which arise from or are in any way connected with your access to the Site or use of the Site, Products, or Service or your violation of INDIVA’s Terms and Conditions as laid out in this document.

If INDIVA is found to be liable by the Canadian government, regardless of the previous paragraphs in the INDIVA Terms and Conditions, INDIVA’s liability to a Client, to you, or to any other third party is limited to the total fees paid to INDIVA in any form, for any Product or Service, paid to INDIVA in the 12 months prior to the action or event giving rise to the liability up to a maximum of $150.

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INDEMNIFICATION

You, the User, expressly agree to and understand that INDIVA is not and will not be held responsible for any personal injury, including catastrophic injury and death, or for any special, indirect, incidental, accidental, consequential, or punitive damage of any kind whatsoever and however caused arising in connection with or out of the use of INDIVA Services or Products, with implementation, adoption, or trial of a particular course of treatment using INDIVA Services or Products for any course of treatment for any condition, illness or medical condition.

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LINKS TO THIRD PARTY SITES

The INDIVA Website may contain hyperlinks (known as “Links”) to third-party content, websites, and resources. Links are provided to Users of INDIVA’s Website exclusively as a convenient to Users and as a function of the Website and do not represent an endorsement by INDIVA. INDIVA takes no responsibility for or representation of or warranty regarding the accuracy, availability, correctness, quality, performance, or functionality of any website, content, software, services, products, linked website, or application found at the address or any website linked to on INDIVA’s website. Payments or commissions from the owners and operators of linked websites may be received by INDIVA in relation to services or products supplied by the owner and/or operator as a result of a User linking from the Website to the third-party website.

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Should a dispute between you and INDIVA arrive, INDIVA’s will do what is possible within reason and completely at INDIVA’s discretion to provide you with a neutral, cost-effective means of quickly resolving the dispute. You and INDIVA, accordingly, agree to resolve claims or controversies of law or equity which arises from the Agreement based on these Terms and Conditions or our Services (known as, “a Claim”) in accordance with a specific subsection below or as you and INDIVA otherwise agree in writing. INDIVA strongly encourages you to contact us directly to seek a resolution before resorting to alternatives. INDIVA will consider reasonable request to resolve a dispute or address a claim using alternatives to litigation and other dispute resolutions procedures such as mediation and arbitration.

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NOTICES

Notices of a legal nature shall be served to you to the email address you provided during the registration process, unless otherwise stated explicitly. Unless the party sending the notices is notified that the email address is invalid any notice shall be deemed given 24 hours after the email is sent. INDIVA may use alternative means of giving you legal notice including but not limited to using mail to the address provided during the registration process. In the event of a notice being mailed, notice shall be deemed given three days after the date the notice was mailed.

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GOVERNING LAW, VENUE, AND JURISDICTION

For consumers in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. For all others: These Terms and Conditions shall be governed in all respects by the laws of the province of Ontario and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that any claim or dispute you may have against INDIVA must be resolved exclusively by a provincial or federal court located in Ontario, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Ontario for the purpose of litigating all such claims or disputes.

Nothing listed in this Terms and Conditions document will prevent INDIVA from seeking equitable relief or injunctive measures, payments of amounts due, or enforcement of an award before any court which holds jurisdiction over any person or entity or over any subject matter.

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CONFIDENTIALITY

Secure communication is not guaranteed on the Internet and therefore the integrity, privacy, or authenticity of communications between Users and INDIVA over the Internet are not guaranteed. INDIVA will not be held liable for any damages suffered by any User should the User communicate confidential information over the Internet or if INDIVA communicates any such information to the User at the User’s request.

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TERMS AND TERMINATION

The Terms and Conditions become effective upon your acceptance of these Terms and Conditions as indicated by your use of the Site or any INDIVA Services, by registering an Account on the Site. Your acceptance of and agreement to these Terms and Conditions remains in full force and in effect unless and until it is terminated hereunder. You, the User, acknowledge that INDIVA, at its own and sole discretion, has the right to terminate your Access to the Site at any time and for any reason without giving you notice or cause or reason. You also acknowledge that INDIVA has the right to remove or delete any content, which is considered inappropriate by INDIVA, which you submit or publish to the Site at any time without prior notice to you, and INDIVA may deny your access or limit your access to the Site, to terminate any Account, and/or to limit or deny a User’s access to the Site or participation with or in any Services or Products offered by INDIVA, without any liability to any third party or to you, if you or a third party violates any INDIVA Terms and Conditions, if you or a third party violates any rights of INDIVA, interfere with any other user or third party’s access to or use of the Site, or if, in its sole discretion, INDIVA decides for any reason that your use or the Site is in any way detrimental to the Site, to INDIVA, or to INDIVA’s suppliers and/or licensors.

Should you discover that a User has violated the INDIVA Terms and Conditions please contact INDIVA to report the violation. INDIVA reserves the right to and may, in its discretion alone, decide to report and/or investigate the violation and decide, in INDIVA’s sole discretion, to take action against any offending party in any way related to that report. INDIVA reserves the right not to pursue reparations for or investigate any violations and INDIVA does not have any obligation or liability to a User for the performance or nonperformance of any such violation or of those activities.

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CURRENCY

Unless otherwise indicated or stated, all amounts listed or references to currency in this Agreement and/or on the Website are to Canadian Dollars (CAD), the lawful money of Canada.

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SURVIVAL

Any and all warranties, terms, and conditions contained in this Terms and Conditions document which, by their sense and context, are intended to survive the performance hereof shall also survive the completion of cancellation, termination, and/or performance of these Terms and Conditions.

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ENTIRE AGREEMENT

These Terms and Conditions and the Privacy Policy and any other such documents listed on the Website and all policies and conditions noted above and contained herein constitute the entirety of the agreement between INDIVA and you, the User, with regard to the Site, the Products, the Services, the Content, your Account, as well as any and all information or data obtained by INDIVA through the Site through your communication with INDIVA, INDIVA personnel, or any third party affiliated with or working on behalf of INDIVA.

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