Last Updated April 2017
This website (the “Site”), the services, information and tools it offers (the “Services”), including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”), are owned, licensed, or operated by Ms. Jane Media Inc. (“Ms. Jane”, “we”, “our” and “us”, including, where applicable, any affiliate of Ms Jane).
BINDING AGREEMENT: PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE. THESE TERMS AND CONDITIONS ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE SITE, EXEMPTS MS JANE AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.
ACCESS IS ACCEPTANCE: BY ACCESSING OR OTHERWISE USING THE SITE, INCLUDING REVIEWING ANY CONTENT OR ACCESSING AN ACCOUNT, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ARE NOT CAPABLE OF FORMING A BINDING CONTRACT UNDER THE APPLICABLE LAW (AS DEFINED BELOW), THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Access to and Use of the Site
Permitted Users: The Site may be accessed and otherwise used only by individuals (natural persons) who are at least the age of 18 (eighteen) years, are at least the age of majority in the province, territory, state, country or other applicable jurisdiction in which the individual lives and are capable of forming a binding contract under the Applicable Law as defined below. The individual may be accessing and otherwise using the Site on their own behalf or on behalf of a person that is an individual, partnership, trust, or other non-individual entity (a “Corporate User”). The Site may not be used by individuals who are located outside Canada other than as expressly provided for herein. You may not use the Site if you do not accept and agree to these Terms and Conditions, if you have breached these Terms and Conditions or if your permission to use the Site has been suspended or terminated by MS. JANE.
Regulations and Other Applicable Law: The Site and the Content include information related to medical cannabis. Medical cannabis is regulated in Canada by legislation including the Controlled Drugs and Substances Act (Canada) (the “CDSA”), the Access to Cannabis for Medical Purposes Regulations (Canada) (the “ACMPR”), and the Narcotic Control Regulations(Canada) (the “NCR”). Other federal, provincial or local law may apply to some aspects of medical cannabis in Canada, and may apply to your use of the Site or the Services. As used herein the term “Applicable Law” includes the CDSA, the ACMPR, the NCR or any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, the Food and Drugs Act (Canada), other statutory law and regulations, the Civil Code of Québec, common law, the law of equity and any other applicable laws. The Applicable Law may, as appropriate in the context, define the rights and liabilities, subject to the disclaimers, limitations of liability, and other provisions of these Terms and Conditions, of you, Ms. Jane or other persons. Where you are a citizen of, a permanent resident of or are otherwise ordinarily resident in, are temporarily resident in, or have another connection to, a jurisdiction outside of Canada, the Applicable Law may include laws of a jurisdiction other than Canada.
Account: You may create an account with Ms. Jane (an “Account”). Once you have an Account, you may log in to the Site as a “User”. You must provide accurate and complete information in response to any questions asked of you while creating an Account, including your name and email address. It is not necessary to have access to medical cannabis to have an Account. Logging into an Account and accessing the Site as a User is necessary to access permitted uses of the Site other than reviewing Content. Logging into an Account requires a unique user name and password (collectively, a “User ID”). If you open an account on behalf of an Authorizing Entity, then (a) “you” as used in these Terms and Conditions includes both yourself as an individual and the Authorizing Entity, and (b) you represent and warrant (as an individual) that you are authorized to agree with these Terms and Conditions on behalf of the Authorizing Entity and bind the Authorizing Entity to these Terms and Conditions, and that you agree to these Terms and Conditions on the Authorizing Entity’s behalf.
User ID: Your unique user name and password are, collectively, your User ID. Your User ID is the key to your Account. You are responsible for maintaining the confidentiality of your Account, including your User ID. Use a user name that is different from any known user names you have on social media or other public websites. Use unique numbers, letters and special characters in your password. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf and associated liability. Therefore, if your User ID has been compromised for any reason, you should immediately notify us at [NTD: Please insert email address] and change your password. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT MS. JANE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS WHILE ACCESSING YOUR ACCOUNT, SERVICES, OR OTHERWISE ACCESSING THE SITE.
Permitted Use of the Site: The Site, including the Content, is provided for general informational purposes only, and these Terms and Conditions allow use in accordance with this purpose. More specifically, while using the Site, you may take only the following actions:
- view, print or otherwise access Content and the Site for personal, informational, and non-commercial use;
- access the Site and the Content only in the manner purposefully made available by the Site;
- create an Account for your sole, individual and personal use, or your use on behalf of an Authorizing Entity;
- access the Account created for your sole, individual and personal use, or your use on behalf of an Authorizing Entity; and
- contribute Content you provide (“User Content”) to the Site by beginning or contributing to a discussion between Users on a forum within the Site, or by commenting on Content published on the Site by or on behalf of Ms. Jane (“Ms. Jane Content”).
If you choose to access the Site, or use the Services or Content, from a jurisdiction other that Canada, you do so on your own initiative, discretion and risk, and you are responsible for ensuring that such access is compliant with Applicable Law, including the laws of the jurisdiction other than Canada.
Content is Not Advice: The Site, including the Content, is provided for general informational purposes only, does not constitute any comprehensive statement concerning the matters addressed, and is not professional or other advice, including medical, legal or other professional advice. Some activities described in the Content may be hazardous if performed by unqualified personnel. Some activities described in the Content may be regulated or prohibited under the Applicable Law depending on your circumstances. It is your responsibility to obtain appropriate legal, medical, financial, technical, and other advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or though the Site. Without limiting the generality of the foregoing, neither the Site nor the Content constitutes any representation as to the safety, efficacy, suitability, effectiveness or other features of medical cannabis or any other product in the management of any medical condition or for any purpose, and is not intended to provide, or to be a substitute for, professional medical advice. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR A PHYSICIAN IMMEDIATELY.
Prohibited Use of the Site: Use of the Site or the Content for any purpose or in any manner other than as expressly permitted herein is strictly prohibited. Without limiting the generality of the foregoing, while accessing or using the Site, including reviewing the Content, accessing an Account or otherwise using the Services, you agree that you will not:
- violate any laws, including the Applicable Law, any third party rights or our policies;
- copy, reproduce, modify, collect, republish, distribute, or catalogue any Content, including Content subject to copyright and common law or registered trademark rights owned by or licensed to, without limitation, Ms. Jane, and whether or not for consideration or for commercial purposes, without Ms. Jane’s express written consent, and without limiting the generality of the foregoing, you agree that you will not use the Site or any Content for commercial purposes without Ms. Jane’s express written consent;
- access or use the Site, including reviewing Content, acting on Content, accessing an Account or otherwise using the Site or the Services for or in the context of any unlawful purpose, unsafe purpose, or for any activity for which you are unqualified, including with respect to cultivation of cannabis plants, alteration of cannabis, or other activities relating to cannabis, and without limiting the generality of the foregoing, Ms. Jane makes no recommendation that you apply any Content related to cultivation of cannabis plants, alteration of cannabis, or other activities relating to cannabis based on any Content, and if you choose to do so, it is your responsibility to first inform yourself, educate yourself, consult with your physician, and to ensure compliance with any Applicable Laws, including any agreement with a landlord, residential association, condominium association or municipality, and follow channels compliant with the Applicable Law for assistance or materials as required;
- access or use the Site, including reviewing Content, acting on Content, accessing an Account or otherwise using the Site or the Services in or from jurisdictions where the Site, the Content or the Services are unlawful, contrary to the Applicable Law, or otherwise prohibited;
- access or use the Site, including reviewing Content, acting on Content, accessing an Account or otherwise using the Site or the Services if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from accessing or using the Site or Services;
- access or use the Site or Services in any manner that could damage, disable, overburden or impair the Site;
- transfer or make available any Account to another party;
- access an Account corresponding to a person other than yourself or an Authorizing Entity you act on behalf of;
- interfere with the security of, or otherwise abuse, the Site, the Services, or any system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or Linked Sites;
- distribute viruses or any other technologies that may harm or prejudice the interests, rights, or property of Ms. Jane or of any other person accessing or using the Site;
- use any robot, spider or other automatic device, to index, crawl, catalogue, mirror, frame, scrape, cache or otherwise monitor or copy any web page of the Site or any Content to collect or mine data from the Site;
- use any manual process to monitor or copy any web page of the Site or any Content other than as provided for in these Terms and Conditions;
- obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- harvest or otherwise collect information about any other user of the Site, including user names, first and last names, or email addresses, without their consent and compliance with all Applicable Law; or
- attempt to complete any of the above actions.
Content and Links
Accuracy of Ms. Jane Content: All Ms. Jane Content, including descriptions of and discussions relating to cultivation of cannabis plants, preparation of extracts, derivatives, and other products from cannabis, nutritional, exercise or other regimens used in connection with cannabis, or other use of and work with cannabis, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site and the Ms. Jane Content are regularly updated, the Ms. Jane Content may be inaccurate, out-of-date, or otherwise incorrect. Ms. Jane assumes no liability or responsibility whatsoever for any such errors, omissions or inaccuracies and makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Ms. Jane Content. Without limiting the generality of the foregoing, and subject also to the limitations on liability and disclaimers included in these Terms and Conditions, Ms. Jane does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Ms. Jane Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by or on behalf of Ms. Jane or any third party, which appears on the Site. Any correction, updated or amendment of any Ms. Jane Content shall in no way be construed or understood to indicate that either (a) the Ms. Jane Content is more accurate or reliable following the correction, update or amendment or (b) the Ms. Jane Content will be similarly corrected, updated or amended in the future. Subject to the foregoing, Ms. Jane works to keep the Site and Services updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at, email@example.com.
Intellectual Property Rights in Ms Jane Content: The Site and all Ms. Jane Content, including these Terms and Conditions are © 2017 Ms. Jane, its suppliers or affiliates, and are protected under Applicable Law including the Copyright Act (Canada), common law rights, and by other copyright laws in other jurisdictions. All rights reserved. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Ms. Jane, other than as expressly provided for in these Terms and Conditions. Nothing on the Site or related to your use of the Services or an Account shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Ms. Jane or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, industrial design registrations, or by common law, including any ownership or other rights related to copyright, goodwill, trademark, branding, trade secret, or confidential information. Without limiting the generality of the foregoing, the product names, company names and logos of Ms. Jane, any affiliate or any third party used on the Site may be trademarks, service marks, or trade names, including registered trademarks of Ms. Jane. Other than as expressly provided herein, such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Ms. Jane or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Accuracy of User Content: All User Content, including descriptions of and discussions relating to cultivation of cannabis plants, preparation of extracts, derivatives, and other products from cannabis, nutritional, exercise or other regimens used in connection with cannabis, or other use of and work with cannabis, is provided with no expectation of proactive review by Ms. Jane. Without assuming any duty or obligation to do so, Ms. Jane may in its discretion review and assess the propriety, accuracy, or other aspects of suitability of any User Content. Ms. Jane may, in its discretion remove, abridge, alter, censor, or otherwise edit (collectively or in the alternative, taking “Corrective Measures”) any User Content, and may take any steps listed below in relation to “Term and Termination” in respect of the User Content subject to Corrective Measures. While the Site and the User Content may, at Ms. Jane’s discretion, be reviewed and Corrective Measures taken, the User Content may be inaccurate, out-of-date, or otherwise incorrect. Ms. Jane assumes no liability or responsibility whatsoever for any such errors, omissions or inaccuracies and makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the User Content. Without limiting the generality of the foregoing, and subject also to the limitations on liability and disclaimers included in these Terms and Conditions, Ms. Jane does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the User Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by or on behalf of any User, or is otherwise included in any User Content, which appears on the Site. Any Corrective Measures of any User Content shall in no way be construed or understood to indicate that either (a) the User Content is more accurate or reliable following the Corrective Measure or (b) the User Content will be similarly subject to Corrective Measures in the future. Subject to the foregoing, Ms. Jane works to keep the Site and Services updated and working properly. Please report any perceived problems, perceived offensive or inappropriate User Content, and any perceived policy violations to us by email at, firstname.lastname@example.org.
Intellectual Property Rights in User Content: You represent and warrant that all intellectual property or other proprietary or exclusionary rights of any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, industrial design registrations, or by common law, including any ownership or other rights related to copyright, goodwill, trademark, branding, trade secret, or confidential information, that may apply to any User Content you contribute has been either assigned or licensed to you, or that you are otherwise entitled to contribute the User Content to the Site, and that all moral rights or corresponding rights from other jurisdictions have been waived, assigned to you or licensed to you. You agree that Ms. Jane shall have a licence to reproduce for any purpose in Ms. Jane’s discretion, any User Content you contribute to the Site, including any promotional or advertising material published on the Site or in hard copy for Ms. Jane or another person, and including for consideration, and that neither you nor any person shall be compensated by Ms. Jane or any other person as a result of any such use.
Outbound Links: The Site may contain links to third-party websites and resources (“Linked Sites”). The links to the Linked Sites are provided solely as a convenience to you and as a Service. Unless otherwise expressly indicated otherwise in writing, the Linked Sites are independent from Ms. Jane, and Ms. Jane does not endorse, make any representations or warranties regarding, or have responsibility or liability for or control over, the availability, correctness, accuracy, performance or quality of any Linked Site, any products, services or content available through a Linked Site, or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your access to or use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk and may be subject to terms and conditions on the Linked Site, and you will not make any claim against Ms. Jane arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site. Ms. Jane may receive payments, commissions or other consideration from operators of linked websites in relation to goods or services supplied by the operator as a result of you linking to the third-party website from the Site.
Inbound Links: You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, any content that encouarages or relates to activities that contravene Applicable Law, or in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Ms. Jane generally agrees with linking to the Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and Ms. Jane. Notwithstanding the foregoing, Ms. Jane reserves the right to require that you remove, or modify the presentation of, any link from a website owned, operated, posted, contributed to, or otherwise used by you to publish a reference to the Site through a link, at Ms. Jane’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Site, Ms. Jane, or Ms. Jane Group (as defined below in these Terms and Conditions).
Communication with Ms. Jane
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the internet with you shall not expose Ms. Jane to any liability for damages you may suffer as a result of communicating with Ms. Jane by electronic communications or if Ms. Jane communicates such information to you at your request.
Notices: Except as expressly stated otherwise, providing an email address or other information to Ms. Jane constitutes your consent to receive any legal notices required by Applicable Law at the email address or other contact information you provide to Ms. Jane. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Ms. Jane, unless Ms. Jane is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Ms, Jane. In such case, notice shall be deemed given three days after the notice is sent in the mail by Ms. Jane. You can communicate with Ms. Jane by email as indicated in these Terms and Conditions. You can communicate with Ms. Jane by mail at, email@example.com.
No Spam, Spyware or Spoofing: Ms. Jane takes compliance with Applicable Law pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Ms. Jane on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any other Applicable Law.
Disclaimers, Limitation of Liability and Indemnity
MS. JANE GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS, AND OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, REFERENCE AND APPLY TO MS. JANE, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO MS. JANE AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF MS. JANE, OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “MS. JANE GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY MS. JANE GROUP, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MS. JANE GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. MS. JANE GROUP MAKES NO WARRANTY THAT THE SITE, THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MS. JANE GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE, THE CONTENT OR THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY MS. JANE GROUP OR ANY PERSON ON THE SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY CANNABIS PRODUCT IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA) OR AS A STATEMENT PROMOTING DIRECTLY OR INDIRECTLY THE SALE OR DISPOSAL OF CANNABIS OR OTHERWISE ADVERTISING CANNABIS.
DISCLAIMER OF MS. JANE GROUP COMMUNICATIONS: NO ADVICE, STATEMENTS OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE FROM MS. JANE GROUP, RELATING TO THE SITE, THE CONTENT OR THE SERVICES, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF USER AND THIRD PARTY STATEMENTS: 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, THE CONTENT, OR THE SERVICES. YOU UNDERSTAND THAT MS. JANE GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY USERS OR OTHER PERSONS ABOUT THE SITE, THE CONTENT, THE SERVICES OR MS. JANE GROUP. YOU UNDERSTAND THAT MS. JANE HAS NO OBLIGATION TO REVIEW AND TAKE CORRECTIVE MEASURES IN RESPECT OF ANY USER CONTENT.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES: FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE SITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES 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 MS. JANE’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MS. JANE GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(A) YOUR USE OR APPLICATION OF THE SITE, THE CONTENT OR THE SERVICES;
(B) YOUR INABILITY TO USE OR APPLY THE SITE, THE CONTENT OR THE SERVICES;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, WHETHER IN CONNECTION WITH THE CONTENT, THE SERVICES OR OTHER ASPECTS OF THE SITE;
(D) WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION;
(E) ANY MISUSE OF THE SITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS;
(F) ANY MISUSE OF A USER ID OR OTHER ASPECTS OF AN ACCOUNT, INCLUDING BY COMMUNICATION OF A USER ID OR OTHER INFORMATION;
(G) ANY ALLEGEDLY DEFAMATORY, LIBELLOUS, SLANDEROUS, OR OTHERWISE ACTIONABLE STATEMENTS IN USER CONTENT;
(H) ANY ALLEGATIONS THAT ANY INTELLECTUAL PROPERTY RIGHTS ARE INFRINGED BY ANY USER CONTENT; OR
(G) ANY OTHER MATTER RELATED TO THE SITE.
IF YOU CHOOSE TO USE THE SITE, THE CONTENT OR THE SERVICES, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM MS. JANE GROUP. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE ACCESSING, APPLYING AND USING THE SITE, THE CONTENT, AND THE SERVICES ONLY UNDER THE ADVICE OF A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER IN ACCORDANCE WITH APPLICABLE LAW AND OTHERWISE AT YOUR OWN RISK AND UNDER YOUR OWN DISCRETION.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY MS. JANE GROUP OR IN THE CONTENT WHETHER OR NOT MS. JANE GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) MS. JANE GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD MS. JANE GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE SITE, THE CONTENT OR THE SERVICES. NOTWITHSTANDING THIS INDEMNITY, MS. JANE GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF MS. JANE’S SELECTION AT MS. JANE GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
ACKNOWLEDGEMENT: THE PARTIES TO THESE TERMS AND CONDITIONS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
LIMITATION ON QUANTUM: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO A MAXIMUM OF $200 CAD.
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
General Terms and Conditions
Term and Termination:These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your access to the Site in any way including reviewing the Content, accessing an Account or otherwise using the Services. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. The Site may contain technologies that restrict or limit the use of the Site, including restrictions based on time or location. Without limiting other recourse, including but not limited to any remedy available under Applicable Law, you acknowledge that Ms. Jane has the right, in its discretion, to limit, delay, suspend or terminate any access to the Site, the Content, the Services, any Account, any Linked Site or any portion of the foregoing, or to take technical and legal steps to keep any user off the Site, at any time without notice to you and without liability to you or any person, if Ms. Jane believes, in its discretion, that you have already, are likely to or are otherwise engaged in a course of action that is likely to result in problems or possible legal liabilities, including any breach or threatened breach any of these Terms and Conditions, infringement of intellectual property rights of Ms. Jane or third parties, interference with any other person’s access to or use of the Site, action contrary to any rights of Ms. Jane or any member of Ms. Jane Group, or is otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Ms. Jane, any member of Ms. Jane Group, or any other person, or if Ms. Jane decides in its discretion for any reason or on any basis whatsoever that any Account, access to the Site by any person, access to Content by any person, including use of any Service, is otherwise detrimental to the Site, Ms. Jane, any other member of Ms. Jane Group or Ms. Jane’s suppliers or licensors. If your permission to use the Site is terminated or suspended for any reason, then these Terms and Conditions will continue to apply and be binding regarding your access to and use of the Site before termination or suspension and all related matters (including any related dispute). If you believe that someone has breached these Terms and Conditions, please contact Ms. Jane with details. Ms. Jane may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Ms. Jane does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Ms. Jane.
Updates to the Terms and Conditions: Ms. Jane in its discretion may change these Terms and Conditions at any time and from time to time, without any prior notice, by posting the changed Terms of Service . The changed Terms and Conditions are effective immediately on posting on the Site, unless the changed Terms and Conditions expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms and Conditions and review any changes since the previous version. By using the Site after these Terms and Conditions have been changed, you signify your acceptance and agreement to be bound by the changed Terms and Conditions. You may not change these Terms and Conditions in any manner.
Additional Terms and Conditions:When using a Service, reviewing Content or otherwise accessing the Site, you are subject to any posted policies or rules applicable both to any Service you use through the Site, and to the Site more broadly, which are available on the applicable portion of the Site or may be presented when you use or apply for the Service. Subject to any such additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Ms. Jane with respect to the Site, the Content, the Services and any information obtained through the Site by communication with Ms. Jane personnel, and there are no other representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Ms. Jane regarding the Site.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
Miscellaneous Provisions: These Terms and Conditions are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms and Conditions are for the benefit of Ms. Jane Group. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. No consent or waiver by Ms. Jane to or of any breach of these Terms and Conditions by you will be effective unless in writing and signed by Ms, Jane. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions. The rights and remedies of Ms. Jane Group under these Terms and Conditions are cumulative and not exhaustive or exclusive of any other rights or remedies to which Ms. Jane Group may be lawfully entitled under these Terms and Conditions or at law, and Ms. Jane Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You may not assign or transfer these Terms and Conditions or any of your rights and obligations under these Terms and Conditions without the express prior written consent of Ms. Jane, which consent may be withheld in Ms. Jane’ discretion. Ms. Jane may, without your consent, assign its rights and obligations under these Terms and Conditions. If any provision of these Terms and Conditions is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms and Conditions and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms and Conditions would fail in their essential purpose.
Language: You and Ms. Jane have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by Ms. Jane is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions or comments regarding these Terms and Conditions, please contact Ms. Jane at, firstname.lastname@example.org.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE SITE.