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© 2019 TRUSTED HEALTH SERVICES

Updated June 2017

PRIVACY POLICY

Trusted Health Services for Business

Email address. If you sign up for a Trusted Health Services account with an email address provisioned by your employer, your employer may be able to block your use of Trusted Health Services until you transition to a Trusted Health Services for Business account or you associate your Trusted Health Services account with a personal email address.

Using Trusted Health Services for Business. If you join a Trusted Health Services for Business account, you must use it in compliance with your employer's terms and policies. Please note that Trusted Health Services for Business accounts are subject to your employer's control. Your administrators may be able to access, disclose, restrict or remove information in or from your Trusted Health Services for Business account. They may also be able to restrict or terminate your access to a Trusted Health Services for Business account. If you convert an existing Trusted Health Services account into a Trusted Health Services for Business account, your administrators may prevent you from later disassociating your account from the Trusted Health Services for Business account.

Termination


You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

Services "AS IS"


We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUSTED HEALTH SERVICES AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability


TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR TRUSTED HEALTH SERVICES’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE, IN NO EVENT WILL TRUSTED HEALTH SERVICES, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:

   (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

   (B) ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS WILL BE REGARDLESS OF WHETHER OR NOT TRUSTED HEALTH SERVICES OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONALLY, TRUSTED HEALTH SERVICES, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO TRUSTED HEALTH SERVICES FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

Resolving Disputes


Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Trusted Health Services, you agree to try to resolve the dispute informally by contacting dispute-notice@trustedhealthservices.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Trusted Health Services may bring a formal proceeding.


Judicial forum for disputes. You and Trusted Health Services agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or provincial courts of Alberta, Canada, subject to the mandatory arbitration provisions below. Both you and Trusted Health Services consent to venue and personal jurisdiction in such courts.

Controlling Law


These Terms will be governed by Alberta law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

Entire Agreement


These Terms constitute the entire agreement between you and Trusted Health Services with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Waiver, Severability & Assignment


Trusted Health Services’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Trusted Health Services may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications


We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.