MYTRAK® Website Terms and Conditions of Use

Welcome to MYTRAK (this "Website"), a Website operated by MYTRAK Technologies Inc. ("MYTRAK"). The Website provides data and other information including, without limitation, articles, publications, videos, products, graphics, sound, images, icons, software, pictures and other materials ("Content") on or related to products (the "Products") and services (the "Services") made available by MYTRAK.

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE THE TERMS THAT GOVERN YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, SO BE CERTAIN THAT YOU UNDERSTAND THEM BEFORE YOU PROCEED TO USE THE WEBSITE. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

Permitted Users

The Website mytrak.com, slimcoach.com and any other public facing websites belonging to Mytrak Technologies Inc. are open to visitors. To access the private MYTRAK Health Community, we require you to subscribe as a MYTRAK member. The subscription is a paid service, purchased with your device or available in the online store that will allow you to access other Services not available to visitors. Subscriptions are available for Standard and Advanced Services and Services offered vary with the subscription purchased. Services may include use of Personal Activity Advisors, Activity Tracking Analysis and Community features. By registering in the MYTRAK Health Community and clicking on the "I Accept" button provided with the registration form, you certify that the information you provide in the registration form is accurate. If you do not wish to register as a member click on the "I Do Not Agree" button provided with the registration form. Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in the Privacy Policy.

Products and Services may not be purchased by individuals who are under the age of 18.

Electronic Communications

By accessing this Website or sending electronic mail to MYTRAK, you are communicating with MYTRAK electronically. By doing so, you agree to receive communications from MYTRAK electronically. MYTRAK will communicate with you by electronic mail at the electronic mail address provided by you, or posting notices on this Website. You consent to receiving electronically all agreements, notices, disclosures and other communications that MYTRAK provides to you.

New Services and New Terms

All new Products or Services that are introduced on the Website will be subject to these Terms and Conditions unless MYTRAK notifies you otherwise. MYTRAK reserves the right to change the terms and conditions of use at any time without any prior notice or liability to you or any other person. Access or use after such changes indicates your acceptance of these modified terms and conditions. You agree to review the terms and conditions of use regularly.

Advice or opinions are not provided

The Content is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any Content found on or through this Website.

DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE, OR INABILITY TO USE THE WEBSITE AND/OR THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THIS WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER MYTRAK NOR ANY OF ITS SUPPLIERS OR AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEBSITE OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEBSITE, THE CONTENT OR THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEBSITE, THE CONTENT OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MYTRAK AND ITS SUPPLIERS AND OR AFFILIATES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEBSITE, THE CONTENT OR THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MYTRAK OR ITS SUPPLIERS AND OR AFFILIATES, OR ITS PARTNERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE WEBSITE, THE CONTENT AND/OR THE SERVICES, WHETHER OR NOT MYTRAK OR ITS SUPPLIERS AND OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF YOU TRANSFER CONFIDENTIAL OR SENSITIVE INFORMATION TO MYTRAK OR IF MYTRAK COMMUNICATES SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET.

Health Waiver

Before beginning any exercise or diet program, MYTRAK recommends that you first consult a physician or other qualified health care provider. MYTRAK’s Products and Services are not intended in any way to take the place of professional medical advice. MYTRAK is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.

Permitted Use

You agree that you are only authorized to access and view the Website and the Content and make use of the Services solely for your own personal, non-commercial use and benefit and not for the benefit of any other person or entity. You further agree that it is only where permission is specifically and expressly accorded on the Website pages or items comprising the Content or Services that you may retain a single copy of those pages of the Website or items comprising the Content or Services for your personal and non-commercial use, provided that you maintain all copyright and all other notices contained therein and that you do not modify all or any portion of those pages or items. You are permitted to retain a copy of the Website Terms and Conditions of Use.

All Services purchased and/or made available through the Website are licensed to end user customers only and shall be subject to an end user license agreement.

Prohibited Use

You agree that you shall not use the Website or the Content for any commercial purpose or benefit. The foregoing prohibition expressly includes, but is not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Website, in any manner or in any quantities not authorized by MYTRAK. You agree that you will not frame the Website or the Content or any part thereof on any commercial or non-commercial internet Website. Any special terms and conditions for use of certain Content or Services provided on the Website and included elsewhere on the Website are incorporated into, and become part of, these Terms and Conditions. No rights or licences are granted to you regarding the Website, the Content or the Services, except the limited right to use the Website, the Content and the Services in accordance with these Terms and Conditions. No reproduction, duplication, posting, downloading, uploading, retransmission, distribution, sale, modification, translation, republication of the Website, the Content or the Services or the creation of a derivative work based on the Website, the Content or the Services is permitted without the prior express written consent of MYTRAK. You may not use any meta tags or any other "hidden text" using MYTRAK's domain name, name, trade-marks or official marks without MYTRAK's prior express written consent. Any exploitation of the Website, the Content or the Services including, without limitation, reverse engineering, decompilation and disassembly is strictly prohibited. You agree that you will not use this Website for any purpose that is unlawful.

Ownership

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Website, in the Content or in connection with the Products and Services may constitute official marks, trademarks or trade names of MYTRAK or its licensors. The Website, the Content the Products and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions. Title to the Website, the Content, and the Services and the official marks, trademarks or trade names displayed on the Website are owned by and shall remain with MYTRAK and/or its suppliers. Nothing contained in these Terms and Conditions or on the Website shall be construed as conferring by implication, estoppels or otherwise any license or right to use any official marks, trade-marks, trade-names, copyright or other intellectual property rights of MYTRAK or its suppliers. Any unauthorized use of the Website, the Content or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of MYTRAK or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

Hyperlinks

This Website may contain links to third party websites. MYTRAK does not endorse the content contained in any third party website. MYTRAK does not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party website, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party website. MYTRAK does not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party websites. Nor does MYTRAK make any representation, warranty or condition, express, implied or statutory that the operation of any third party website will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party website is not under MYTRAK control and if you choose to access any third party website, you do so entirely at your own risk.

Privacy

To review MYTRAK's Privacy Policy that applies to this Website please click here. MYTRAK's Privacy Policy applies to your use of this Website. By accessing and using this Website, you are consenting to the collection, use and disclosure of your personal information in accordance with the MYTRAK's Privacy Policy. You hereby acknowledge having read MYTRAK Privacy Policy.

MYTRAK undertakes to perform all actions necessary to comply with all applicable statutes and regulations, or with decisions issued by a court of competent authority, which govern the privacy rights of individuals who are subject to the jurisdiction of such statute, regulation or decision, as applicable.

Content Provided by User

By sending electronic mail, messages, content or information to MYTRAK you hereby grant to MYTRAK a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of MYTRAK all moral rights in the electronic mail, message, content or information. By submitting or sending electronic mail, messages, content or information to MYTRAK you represent and warrant that you have the full right and authority to do so and that any use by MYTRAK of the electronic mail, message, content or information will not violate the intellectual property rights of any person.

Prohibitions on User Information

You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitutes or encourages conduct, that would constitute a criminal offence or give rise to civil liability; (ii) is protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) is libellous, slanderous, defamatory, harassing, threatening or is otherwise injurious to a third parties; (iv) is hateful, bigoted or racially offensive; or (v) is vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users' use of the Website or the Services, including, without limiting the generality of the foregoing, disrupting the normal flow of communication in a discussion group; (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; (e) post, upload or transmit materials that do not generally pertain to the designated topic of discussion; or (f) otherwise use the Website or the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Website or the Services.

Indemnification

You agree that your use of the Website, the Content, the Products and the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against MYTRAK and/or its affiliates and/or suppliers. You agree, at your own expense, to indemnify and hold MYTRAK and its suppliers and/or affiliates, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.

Additional Obligations or Terms of Use

Particular components or features of the Products and Services provided by MYTRAK may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using the Service or Product and/or any particular components or features of such Service or Product.

Governing Law and Jurisdiction

All matters relating to your access to or use of the Website or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, notwithstanding conflict of laws principles. The venue for any disputes arising hereunder shall be in the Province of Ontario (Canada).

Termination

Without limiting any other rights or remedies available to MYTRAK under these Terms and Conditions, at law or in equity, if you fail or MYTRAK suspects that you have failed, to comply with any of these Terms and Conditions or any other terms and conditions referenced herein, MYTRAK, at its sole discretion, without notice to you may, immediately terminate your right to use this Website and your access to and use of any Service (or any part thereof). Upon any suspension or termination of these Terms and Conditions or your rights granted hereunder, any all licenses and rights granted to you by MYTRAK shall terminate.  Upon termination of these Terms and Conditions you will remain liable for all amounts due under these Terms and Conditions up to and including the date of termination.

Waiver/Severance

The failure by MYTRAK to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.

Notices

Any notice or other communication given to MYTRAK regarding any matters contemplated by these Terms and Conditions, unless otherwise specified herein,  must be in writing and sent by personal delivery or courier to Ridgeway Drive, Unit 10, Mississauga, ON, Canada L5L 5Y6.

Copyright Notice

© Mytrak Technologies Inc. (MYTRAK). All rights reserved. No part of the Website or the Content may be reproduced, modified, distributed, published, sold, licensed, broadcasted, retransmitted, circulated in any form or used in any way without the prior written consent of MYTRAK.

Last updated October, 2011