HERSTASIS TM
Updated: 2021-07-06

TERMS OF USE

Please read these Terms of Use carefully before using this website and any related sites provided by Herstasis TM. (collectively, “Site”) and print a copy for your records. These Terms of Use relate to all of the activities of HerstasisTM, unless HerstasisTM has provided you with a separate terms of use or similar document for a particular product, service or activity.


This Site is provided to you by HerstasisTM. (“HerstasisTM”). Your access to and use of this Site is subject to these Terms of Use and all applicable laws. By accessing and using this Site you (“you”) agree to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, do not access or use this Site.


HerstasisTM may at its sole discretion modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.


  1. Availability

The services and functionalities provided on this Site are provided for your convenience only and may be modified or removed at any time from this Site, or they may be unavailable from time to time.


  1. Reliance On Information

Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site. This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at HerstasisTM’s sole discretion.


  1. Privacy Policy

HerstasisTM’s personal information practices on this Site are governed by HerstasisTM’s Privacy Policy. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.


  1. Links

This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of HerstasisTM or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. The recommendations, opinions, and information are provided only for the convenience of the user and should not be relied upon as substitutes for consultation with appropriately trained professionals.


You may not create a link to this Site without the prior written consent of HerstasisTM.


  1. Your Obligations
  2. Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (i) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (ii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iii) engage in any activities intended to withhold or cloak identity or contact information; (iv) send harassing and/or threatening messages to others; (v) transmit any viruses or any other disabling mechanisms; (vi) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (vii) engage in any Internet activities that would violate the privacy rights of others; (viii) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords; or (ix) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the Internet with useless traffic.

  3. To the extent that the following activities are prohibited by applicable law, in using this Site you will not use the Site for any illegal purpose, in violation of any applicable laws or regulations.

  4. To the extent that any of the following activities materially interfere with this Site or the network and systems of a HerstasisTM service provider (“Third Party Services”), you will not: (i) disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site or the Third Party Services; (ii) use Internet Relay Chat (IRC) bots or other programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on this Site or the Third Party Services or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (v) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or the Third Party Services; (vi) use this Site or the Third Party Services to access the accounts or credentials of others without permission; (vii) attempt to penetrate security measures of this Site, the Third Party Services, or another entity; or (viii) engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic.
  5. You hereby grant to HerstasisTM a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, distribute, perform and display, in whole or in part, all materials and information submitted by you to HerstasisTM and to sub-license any such rights.

  6. Contests and Coupons

This Site may run contests from time to time. All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules as well as the terms set out in these Terms of Use.

All coupons provided on this Site are subject to the terms and conditions applicable to such coupons.

  1. Intellectual Property

The materials displayed on or contained within this Site or emailed to you pursuant to any publication or newsletter you sign up for through the Site including, without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, images, games, audio clips, video clips, short features, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks (collectively, the “HerstasisTM Materials”), are the property of HerstasisTM or its licensors and are protected by copyright, trade-mark and other intellectual property laws.


HerstasisTM hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) without the express prior written consent of HerstasisTM. Unless expressly permitted herein, any use of Materials is only permitted with the express written permission of HerstasisTM and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.


  1. Disclaimer of Warranties

THIS SITE, ITS CONTENTS, THE HERSTASISTM MATERIALS, AND ANY SOFTWARE, PRODUCTS, INFORMATION, PUBLICATIONS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. HERSTASISTM MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, THE HERSTASISTM MATERIALS, CONTENT PROVIDED BY THIRD PARTIES OR SUCH SOFTWARE, LINKS, TOOLS, TIPS, PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, FUNCTIONALITIES OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, HERSTASISTM DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.


  1. Limitation of Liability

IN NO EVENT SHALL HERSTASISTM, ITS AFFILIATES, HERSTASISTM FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY HERSTASISTM MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, OR INABILITY TO USE THIS SITE WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE AND EVEN IF HERSTASISTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


  1. Indemnification

You agree to indemnify and hold harmless HerstasisTM and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights of any third party.


  1. Termination

HerstasisTM may at any time and at its sole discretion restrict or terminate your right to use this Site. HerstasisTM may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, product, service, functionality or content. HerstasisTM may impose limits on certain features and services or restrict your access to parts or the entire Site, or bar you from future use of the Site, without notice or liability at any time at HerstasisTM’s discretion, without prejudice to equitable or legal remedies available to HerstasisTM, for any reason or purpose, including without limitation conduct that HerstasisTM believes violates these Terms of Use or other terms posted on the Site or conduct which HerstasisTM believes is harmful to other users, to HerstasisTM’s business, or to other information providers.


  1. Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia.


  1. General

These Terms of Use constitute the entire agreement between you and HerstasisTM with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto, except that in the event that we have provided you with a separate terms of use or similar document for a particular product, service or activity provided by HerstasisTM, those separate terms shall prevail. No failure by HerstasisTM or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Sections 7, 8, 9, 10, 12 and 13 shall survive the termination of your right to use this Site.


Contact Us


All comments, questions, concerns or complaints regarding your personal information or our privacy practices should be sent as follows:

Address: New Westminster, BC, Canada V3L 2R8

Email: inquiries@herstasis.com