AllergySmarts is pleased to provide you with the information you need to make the right decision regarding food intolerance(s) and your diet. With this in mind, please read these TERMS AND CONDITIONS OF USE.

AllergySmarts reserves the right at its sole discretion to change these TERMS AND CONDITIONS OF USE at any time without notice.  Your continued use of this Web site after the change of TERMS AND CONDITIONS OF USE shall constitute your acceptance to agree to any such changes.

TERMS AND CONDITIONS OF USE

AllergySmarts welcomes you to this web site (the “Site”).  If you access the Site you accept and agree to be bound by and comply with the following TERMS AND CONDITIONS OF USE (the “Terms”).  If you do not accept these Terms, we request that you do not use the Site.

1.  Ownership and Restrictions on Use:

This Site is owned and operated by AllergySmarts and its affiliates, officers, directors, employees or agents.  Certain content, names, words, titles, phrases, logos, icons, data, graphics or designs or other information (the “Content”) in the pages of the Site are trade names or trade-marks owned by AllergySmarts, or trade names or trade-marks owned by third parties. The Content is protected under Canadian and international copyrights and trademark laws. Except as set forth herein, you may not modify, copy, download, display, redistribute, reproduce, republish, store in any medium, re-transmit, or make public or commercial use of, in any form, the Content. You may display, copy, distribute and download the Content for personal, non-commercial use only provided that you do not modify it and that you agree to retain all copyright and other proprietary notices contained in such Content, and that you cite the URL Source of such Content. The use of any such Content on any other Web site or network computer environment is prohibited. Reproduction of multiple copies of the Content, in whole or in part, for re-sale or distribution is strictly prohibited except with the prior written consent of AllergySmarts. To obtain written consent for such reproduction, please contact us at 1-866-268-8618.

The display of trade-marks and trade names on pages of this Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or other Content (or any part thereof) of the Site may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action.

2.  Terms of Sale

All products and services of AllergySmarts are subject to the terms and conditions governing their use or sale

3.  Registration and Passwords

To access certain portions of the Site, including without limitation, to place orders, subscribe for our newsletter, participate in discussion forums or online communities, provide suggestions or feedback, you may be asked to complete an online registration form.

In consideration for your use of this Site and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you may choose a password or user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Site under such password or user name. You agree to immediately notify AllergySmarts of any unauthorized use of your password or user name or any other breach of security.

4. Local Laws; Export Control

The Content (or any part thereof) does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which such an offer or solicitation is not authorized or cannot legally be made to any person to whom it is unlawful to make an offer or solicitation.

The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. If you choose to access this Site from outside of the Province of Alberta or the Country of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

5. Linking and Software

This Site may offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Such linked websites are independent from AllergySmarts and AllergySmarts has no control over the content of such websites. Consequently, linking to any other site is at your sole risk and AllergySmarts cannot be held responsible or liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

Links to downloadable software sites are for convenience only and AllergySmarts is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

6. Disclaimer / Limitation of Liability

THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS PROVIDED ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. AllergySmarts DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE UNLESS PROHIBITED BY LAW. THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE WILL BE AVAILABLE, MEET YOUR REQUIREMENTS, HAVE UNINTERRUPTED ACCESS, NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES IS YOUR RESPONSIBILITY.

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AllergySmarts BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF AllergySmarts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnity

You agree to indemnify and hold harmless AllergySmarts, its affiliates, members, officers, employees, agents and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including but not limited to reasonable legal and accounting fees) resulting from your use of this Site and/or your violation of any of these Terms, infringement of any intellectual property or other right of any person.

8. Internet e-mail

Any unprotected e-mail communication over the Internet is not confidential and subject to possible interception or loss as well as possible alteration. AllergySmarts is not responsible for and will not be liable to you or any one else for any damages in connection with an e-mail sent by you to AllergySmarts or an e-mail sent by AllergySmarts to you, for your test results or at your request.

9. Your Transmissions

Subject to the terms of our Website Privacy Policy and unless otherwise indicated, any material, information or idea transmitted to or posted on this Site by any means will be treated as non-proprietary, and may be used by AllergySmarts for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

10. Ordering Policy

A valid Credit Card, personal information and other information as required on our enrolment form is required in order for us to provide you with an AllergySmarts Food Intolerance Testing Kit.  We can only ship AllergySmarts Food Intolerance Testing Kits to those individuals that provide us with such required information. 

11. Not Offering any Advice

All information and other Content on this Site is provided for informational purposes only and is not intended to provide specific advice and should not be relied upon in that regard. This advice is not to be relied upon or acted upon without seeking the advice of a professional. DO NOT USE THE INFORMATION ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. It is only that information which is specific to a Customer based upon the results from a completed AllergySmarts test that is to be considered as advice and that has been provided to a customer from one of our professional Nutritionists.

12. Privacy

AllergySmarts respects your right to privacy of your personal information. Please review our Website Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

13. Changes and Termination

AllergySmarts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Further AllergySmarts reserves the right to change these Terms at any time and to notify you by posting an updated version of the Terms on this Site. You are responsible for regularly reviewing the Terms, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Your continued access or use of this Site means that you agree and accept any changes.

Upon termination of these Terms, you will immediately destroy any downloaded and printed materials.

14. Jurisdiction

This Site is governed by the applicable laws of the Province of Alberta and Canada, without any reference to conflict of laws of principles. You agree that all disputes, controversies or claims arising out of or in connection with this Site or its use shall be submitted to and are subject to the jurisdiction of the courts of the Province of Alberta. You agree to attorn to the exclusive jurisdiction of the courts of the Province of Alberta to adjudicate or determine any suit, action or proceeding arising out of or in connection with this Site.

15. Entire Agreement and Severability

These Terms and any terms incorporated or referred to herein and any and all other legal notices or statements posted on the Site constitute the entire agreement between you and AllergySmarts relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by AllergySmarts making such amendments or modifications in accordance with these Terms.

All Terms are to be read together with any terms, conditions or disclaimers provided in the pages of this Site. In the event of any conflict, the terms provided in the pages of this Site shall govern.

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

If you have any questions or comments regarding these Terms of Use please contact us at: 1-866-268-8618.

Copyright of AllergySmarts Inc.  All rights reserved.

Last Updated: August 16th, 2007.