TERMS AND CONDITIONS POLICY
These Terms and Conditions govern your use of this website and any other website launched by Patient Voice Partners Inc. and, as applicable, one or more of its affiliates (collectively “PVPA”), including general guidelines and acceptable and prohibited uses, as well as the tools, services, mobile application, social media, and any other digital platform or other service operated, used or provided by PVPA or any program, including but not limited to, advisory boards, focus groups, insight sessions, interviews, discussion rooms/boards or discussions, forums, conferences, advocacy, research projects or related activities, services, workshops, connection to third parties, or surveys (collectively, “Services”). This Policy is a legally binding agreement between you and PVPA. If you are providing your personal information into PVPA or entering into this agreement you are doing so on behalf of either yourself or a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the term “you” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and PVPA, even though it is electronic and is not physically signed by you, and it governs your use of the Services. PVPA reserves the right to change these Terms and Conditions from time to time. By using these Services, including continuing on the Website, you are agreeing to these Terms and Conditions.
Cookies
The following describes the types of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies. For further information on how we use, store, and keep your personal data secure, see our privacy policy.
What are cookies?
Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”).
Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.
Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting the Website and Services.
Cookies may be set by the Website or by third parties, such as those who serve content or provide advertising or analytics services on the Website. These third parties can recognize you when you visit our website and also when you visit certain other websites.
What type of cookies do we use?
Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.
Functionality cookies let us operate the Website and Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits.
These cookies enable us and third party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.
Advertising cookies allow us and third parties serve relevant ads to you more effectively and help us collect aggregated audit data, research, and performance reporting for advertisers. They also enable us to understand and improve the delivery of ads to you and know when certain ads have been shown to you.
Your web browser may request advertisements directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their website.
Although we do not use cookies to create a profile of your browsing behavior on third party websites, we do use aggregate data from third parties to show you relevant, interest-based advertising.
Third party cookies from social media sites (such as Facebook, Twitter, etc.) let us track social network users when they visit or use the Website and Services, or share content, by using a tagging mechanism provided by those social networks.
These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks’ privacy policies. We will not collect or share any personally identifiable information from the user.
Do we use web beacons or tracking pixels?
Our emails may contain a “web beacon” (or “tracking pixel”) to tell us whether our emails are opened and verify any clicks through to links or advertisements within the email.
We may use this information for purposes including determining which of our emails are more interesting to users and to query whether users who do not open our emails wish to continue receiving them.
The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, you should read the email in plain text view or with images disabled.
What are your cookie options?
If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. If you view and use the Services without changing your cookie settings, you are consenting to receive all cookies from the Services. If you delete cookies or do not accept them, you might not be able to use all of the features the Website and Services offer or they may not operate as expected.
Prohibited activities and uses
You may not use the Services or Content to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to perpetuate any fraud; (h) to upload or transmit viruses, distribute malware or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to reverse engineer or attempt to disassemble software or any code on or from the website; (k) for any obscene or immoral purpose; (l) to unlawfully gather information about others or the business, including but not limited to, under false pretenses; or (m) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet or any activities that degrade the usability and performance of the Website and Services; or (n) collecting or disclosing, or attempting to collect or disclose, personal information about third parties without their knowledge or consent.; or (o) facilitating, aiding, or encouraging any of the above activities through the Services We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses and prosecute to the fullest extent of the law.
System abuse
Any User in violation of the Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
– Use or distribution of tools designed for compromising security of the Services.
– Intentionally or negligently transmitting files containing a computer virus or corrupted data.
– Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
– Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
Service resources
You may not consume excessive amounts of the resources of the Services or use the Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:
– Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
– Engaging in any other activities that degrade the usability and performance of the Services.
No spam policy
You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Services in any manner associated with the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.
Transmission Errors, Unlawful Acts and Security
No data transmission over the Internet can be guaranteed in any way to be 100 percent secure. We strive to protect your personal information but PVPA cannot ensure or warrant the security of any information you transmit to us or any information shared or stored online. You provide all personal information at your own risk and you take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Services. You must protect the confidentiality of your login details, and you should change your password periodically. PVPA will not be liable for disclosure of your information due to errors in transmission or any unauthorized acts from third parties. Once we receive your transmission with information, we do our best to ensure its security on our systems by making reasonable efforts to protect the information. Our Services use SSL encryption to protect sensitive data transmissions from your computer to our Services. You can see the active SSL encryption with a “padlock” icon at the top or bottom of your browser and should only use the Services with active SSL security. In certain areas, password protection is required to protect your privacy and security. Any information provided to PVPA is treated with discretion and care and a proactive approach is utilized to ensure the information is kept private and used for its intended purpose. Please review the Privacy Policy for further information on how we handle your information.
Enforcement
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:
– Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
– Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Services, as determined by us in our sole discretion.
– Reporting violations to law enforcement as determined by us in our sole discretion.
– A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.
Suspended and terminated User accounts due to violations will not be re-activated.
Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
Reporting violations
If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.
Disclaimer
Representation
Any views or opinions represented on the Services belong solely to PVPA, its content creators and employees, and do not represent those of people, institutions or organizations that PVPA may or may not be associated with in professional or personal capacity unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
You agree that you are 18 years old and have the legal capacity to use the Services. PVPA make no warrantee or representation that the Services complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws. If you are unable to make the warrantees and representations contained herein, do NOT use the Services.
You may not modify, print or copy any part of the Services. Inclusion of any part of the Services in another work, whether in printed or electronic or another form or inclusion of any part of the Services on another resource by embedding, framing or otherwise without the express permission of PVPA is prohibited.
Medical disclaimer
The information available on the Services is for information purposes only and not intended to be a substitute for professional medical advice, diagnosis or treatment. You should not rely on any information provided on the Services for your health needs. Always direct all specific medical questions, including interpretation of your results, a medical condition or other health related issues, to your physician or other qualified health care provider and you should seek medical advice regarding and before making any changes related to your health. If you are ill, or suspect that you are ill, or have a medical health emergency, seek immediate assistance from a qualified medical health care professional, including emergency health services. Do not delay obtaining your own personal medical advice or guidance or disregard medical advice because of any information your accessed via the Services. PVPA does not warrant, endorse, represent, recommend, certify or approve any information displayed, distributed, uploaded or downloaded through the Services, nor does it guarantee the completeness, efficacy, accuracy or timeliness of any or such information.
If you choose to use the information available on the Services, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless PVPA, its agents, employees, contractors, and any affiliated companies from any liability with respect to injury or illness to you or your property arising out of or connected with your use of this information. It is your responsibility to evaluate content, opinions, experiences, text, suggestions, tactics, strategies, statements or any other information available through your use of the Services. You understand you are to seek expert medical guidance for your personal care from your own qualified medical health care professional. Under no circumstances will PVPA be liable for any damage caused by reliance of information obtained through the Services. Any reliance upon any information is at your own risk and you accept is on your own voluntary basis and solely of your own direction.
Not legal advice
The information provided on the Services is for general information purposes only and is not an alternative to legal advice from your lawyer, other professional services provider, or expert. It is not intended to provide legal advice or opinions of any kind. You should not act, or refrain from acting, based solely upon the information provided on the Services without first seeking appropriate legal or other professional advice. If you have any specific questions about any legal matter, you should consult your lawyer, other professional services provider, or expert. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of the information on the Services.
The information on the Services is related to processing information, including contracts, within the Services and by the Services. This information may have no evidentiary value and should be checked against official sources before it is used for any purposes. It is your responsibility to determine whether there are any other evidentiary or filing requirements. Your use of this information is at your own risk.
Reviews and testimonials
Testimonials are received in various forms through a variety of submission methods. They are individual experiences, reflecting experiences of those who have used the Services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use Services, and PVPA is not responsible for the opinions or comments available on the Services, and does not necessarily share them. All opinions expressed are strictly the views of the reviewers.
Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are available for public viewing.
Indemnification and warranties
While we have made every attempt to ensure that the information contained on the Services is correct, PVPA is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Services is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will PVPA, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Services, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information contained on the Services are subject to change at any time and without warning. We are not liable for cancelled, postponed or unavailable Services or any consequences to you of participating or not participating in Services
Accounts and membership
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. You understand and agree that your username and password is unique to you and should not be shared with or used by anyone other than yourself. You agree to maintain the security of your log in information and not access password protected areas without proper log in validation credentials.
Advertisements
During your use of the Services, you may not enter into correspondence with or participate in promotions of advertisers or sponsors directly showing their goods or services or connecting with or contracting you directly after using the Services. Unless previously deemed permissible by PVPA and authorized by you in writing, no such activity is to take place and in the event such activity such activity is approved, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party and we do not authorize liability, obligation or responsibility for any such correspondence or promotion between you and any such third party.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk and you are solely responsible for any information disclosed. The Services navigate within to site(s) of PVPA in order to manage the Services.
The Services are not intended for sharing any form of external advertising and will never offer, recommend or endorse products for purchase.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by PVPA or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with PVPA. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of PVPA or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of PVPA or third party trademarks.
Copyrighted content
Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. PVPA hold the copyright to all materials on the Services, including text, graphics, logos, icons, images audio/visual clips and design, unless otherwise indicated or determined to be fair use material under Digital Millennium Copyright Act (DMCA). PVPA owns all of the trademarks, service marks and logos (“Marks”) used and displayed on the Services unless otherwise noted. No material from the Services including marks, may be used, copied, downloaded, transmitted, posted, distributed, reproduced, republished, or displayed in any way without explicit written permission from PVPA. Any unauthorized use of materials contained or shared in the Services may violate copyright.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You are solely responsible for checking and abiding by your local laws for any limitations or restrictions regarding the exclusion of implied warranties. We make no warranty that the Services, including information displayed or stored, will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free or without interruption; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. PVPA has no obligation to monitor the Services or to retain the content of any user session but reserved the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement for any reason, including illegal activity claim investigation. We may use IP addresses to identify a user when we feel it is necessary to protect our Services, clients, potential clients or others.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will PVPA, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any direct or indirect, incidental, special, punitive, cover or consequential damages of any kind (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has not been advised as to the possibility of such damages or could have foreseen such damages resulting from the use of Services. Any statements or conduct from any third party using the Services does so at their own risk and PVPA is not liable for any failure of performance, mistake, error, omission, deletion, delay in transmission or operation, mistakes, computer virus, inaccuracies, acts of Nature or Terrorism, communication line failure, theft or destruction, unauthorized access to or alteration of, the Services or any other matter related to the Services, whether tortous behaviour, antitrust, negligence, breach of contract or any other cause of action or theory of liability. PVPA does not warrant the Services will be free of technical or other inaccuracies or mistakes, uninterrupted, or typographic or other errors, that defects will be corrected in a timely fashion or otherwise, or that the Services, including online features, are free of viruses or other harmful elements. To the maximum extent permitted by applicable law, the aggregate liability of PVPA and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to PVPA for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. You acknowledge and agree that the limitations set herein are fundamental elements of Terms and Conditions and the Services would not be provided to you absent of such limitation.
Indemnification
You agree to indemnify and hold PVPA and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services, any willful misconduct on your part, including violation of another or failure to abide by applicable law or any violation of these Terms and Conditions. You hereby release and waive all claims and/or liability against PVPA and subsidiaries, officers, employees and agents in any connection with or capacity of your use of the Services. We reserve, and you grant us, the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall not be subject to any termination timeline, even if other Terms and Conditions, including Accounts or Activities, are terminated.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Alberta, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Privacy
Your privacy is important to us and we are committed to protecting your information consistent with our established policies and in accordance with applicable regulations. Please view our Privacy Policy that supplements these Terms and Conditions and further describes how we collect information about you through the Services and how we use, disclose, and govern that information. You may be asked by Services to identify as a patient or caregiver or insight seeking organization for the purpose of providing you and seeking relevant information re: Services. A variety of programs and activities are available in the Services and you may be qualified to receive compensation. PVPA uses the information shared, in almost all cases in a de-identified manner unless otherwise consented by you, in activities to support insight seeking organizations to improve health care services, treatment, delivery of care, health care accessibility or any aspect of disease management. The Privacy Policy is incorporated in the Terms and Conditions and agreeing to Terms and Conditions by using Services means your binding agreement to the Privacy Policy as well.
By using the Services, including providing personal or health-related information or stating personal opinions or preferences, you are expressly consenting to PVPA’s right to share the same with insight seeking organizations, de-identified forms of your user content consistent with the Privacy Policy and as otherwise agreed to by you, such as in instances required for connection as part of the Services.
You are required to maintain the confidentiality and trust of other patients, caregiver, participants or organizations in the Services that you participate in, including not sharing or their username, pictures, comments, or any content in a way that discloses their identity or enables identity guessing on any personal, professional, private or public forum or anywhere else.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations, including account, hereunder, in whole or in part, to any person or entity, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign, transfer or delegate any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger without notifying you or obtaining your consent.
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Services at any time at our discretion. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes. We encourage you to review the Policy regularly.
Location of Information and Governing Law
PVPA is headquartered in Canada in Calgary, AB and our services are hosted in Canada and the United States and managed in Canada and the United States. If you are a user located outside Canada, you understand and acknowledge having your information (which may include information collected through the use of cookies and other technologies, as described above) transferred, processed, and stored in Canada or the United States or in any other country in which we engage service providers or to which you direct us to transfer your Information.
In the event any of the Privacy Policy terms and conditions shall be held to be unenforceable, the remaining terms and conditions shall be unimpaired and the unenforceable term or condition shall be replaced by such enforceable term or condition as comes closest to the intention underlying the unenforceable term or condition. The Services are controlled from virtual offices by PVPA. By accessing the Services, you and PVPA agree that all matters relating to the Services shall be governed by the laws of Alberta, without regard to choice of law principles. If you have a complaint, question, or dispute (collectively, “dispute”) regarding these Terms and/or the Site, you are encouraged to bring it to our attention. You may contact us, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to these Terms and/or the Site shall be submitted to confidential arbitration in Calgary, Alberta, Canada, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal and/or provincial court in Canada, if applicable. Arbitration under these Terms shall be conducted in Alberta, Canada in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within two years after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
Acceptance of these terms
You acknowledge that you have read this Policy and agree to all its terms and conditions, including the Privacy Policy. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services. Use of PVPA website or any digital platform or Service constitutes acceptance of this Privacy Policy and these Terms and Conditions.
This document was last updated on December 14, 2022