Health Espresso | Copyright Policy

Health Espresso Inc.  (“Health espresso”) respects the intellectual property rights of others and expects its users to do the same.

It is Health espresso’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Canadian Copyright Law, the text of which may be found on Government of Canada, Health espresso will respond expeditiously to claims of copyright infringement committed using the Health espresso website (the “Site”) that are reported to Health espresso’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing Notice of Alleged Infringement and delivering it to Health espresso’s Designated Copyright Agent. Upon receipt of the Notice as described below, Health espresso will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

NOTIFICATION OF COPYRIGHT INFRINGEMENT:

We respect the intellectual property rights of others and expects its users to do the same. It is Health espresso’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Canadian Copyright law 2005 including Bill C-11, the text of which may be found on the Canadian Copyright Office website, Health espresso will respond expeditiously to claims of copyright infringement committed using the Health espresso website (the “Site”) that are reported to Health espresso’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing Notice of Alleged Infringement and delivering it to Health espresso’s Designated Copyright Agent. Upon receipt of the Notice as described below, Health espresso will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to Health espresso’s Designated Copyright Agent at copyright@healthespresso.com right under the copyright that is allegedly infringed.
  7. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Health espresso’s Designated Copyright Agent:

Copyright Agent
Health Espresso
2275 Upper Middle Road East,
Suite 101,
Oakville, Ontario L6H 0C3
support@healthespresso.com
(905) 491-6941

To the fullest extent of the law. Health espresso may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that Health espresso has no obligation to monitor your access to or use of the Site or Health espresso Services or to review or edit any Profile Content, but has the right to do so for the purpose of operating the Site and Health espresso Services, to ensure your compliance with these Terms, and to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Health espresso reserves the right, at any time and without prior notice, to remove or disable access to any Profile Content that Health espresso, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Health espresso Services.

 

LINKS

The Site may contain links to third-party websites or resources. You acknowledge and agree that Health espresso is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Health espresso of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

 

NOTIFICATION OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and expects its users to do the same.It is Health espresso’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Health espresso will respond expeditiously to claims of copyright infringement committed using the Health espresso website (the “Site”) that are reported to Health espresso’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCANotice of Alleged Infringement and delivering it to Health espresso’s Designated Copyright Agent. Upon receipt of the Notice as described below, Health espresso will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Health espresso’s Designated Copyright Agent at copyright@healthespresso.com.

 

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, Health espresso will have the right to suspend or disable your Account or terminate these Terms and disable access to your Profiles that those Profiles to which you have been permitted access by other Members, at its sole discretion and without prior notice to you. Health espresso reserves the right to revoke your access to and use of the Site and Health espresso Services at any time, with or without cause. You may cancel your Account at any time by sending an email to support@healthespresso.com

 

WARRANTIES

You warrant and represent to Health espresso that your use of the Health espresso Services, whether as a Profile-creator or as a Secondary user, is solely for lawful purposes to facilitate the care of the individual that is the subject of the Profile. Neither the Health espresso Services, nor the Site, nor any Health espresso Content, nor any Profile Content may be used in any instance for any unlawful purpose.

 

DISCLAIMERS

THE SITE, HEALTH ESPRESSO SERVICES AND HEALTH ESPRESSO CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HEALTH ESPRESSO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HEALTH ESPRESSO MAKES NO WARRANTY THAT THE SITE, HEALTH ESPRESSO SERVICES OR HEALTH ESPRESSO CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HEALTH ESPRESSO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR HEALTH ESPRESSO CONTENT AVAILABLE FROM OR OBTAINED THROUGH THE HEALTH ESPRESSO SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY HEALTH ESPRESSO CONTENT OR PROFILE CONTENT OBTAINED THROUGH THE HEALTH ESPRESSO SERVICES. PROFILE CONTENT IS SUBMITTED SOLELY BY MEMBERS AND HEALTH ESPRESSO HAS NO RESPONSIBILITY OR LIABILITY FOR THE TRUTHFULNESS OR ACCURACY OF THE SAME.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HEALTH ESPRESSO OR THROUGH THE SITE OR HEALTH ESPRESSO SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HEALTH ESPRESSO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SITE, HEALTH ESPRESSO SERVICES, ANY HEALTH ESPRESSO CONTENT OR ANY PROFILE CONTENT (WHETHER OR NOT IT IS A PROFILE YOU CREATED OR OTHERWISE), (II) ANY USE OF OUR SITE OR HEALTH ESPRESSO SERVICES FOR ANY UNLAWFUL OR INAPPROPRIATE CONDUCT, OR (III) ANY ACT OR OMISSION BY YOU THAT CONSTITUTES AN ACTUAL OR ALLEGED VIOLATION OF THESE TERMS.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND HEALTH ESPRESSO SERVICE, INCLUDING WITHOUT LIMITATION ANY PHARMACY ASSISTANCE, REMAINS WITH YOU. NEITHER HEALTH ESPRESSO NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR HEALTH ESPRESSO SERVICES (INCLUDING WITHOUT LIMITATION ANY PHARMACY ASSISTANCE) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR HEALTH ESPRESSO SERVICES OR THE INABILITY TO USE OR ACCESS A PROFILE OR ANY SPECIFIC PROFILE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTH ESPRESSO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL HEALTH ESPRESSO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR HEALTH ESPRESSO SERVICES (INCLUDING WITHOUT LIMITATION ANY PHARMACY ASSISTANCE) EXCEED THE AMOUNTS YOU HAVE PAID TO HEALTH ESPRESSO FOR USE OF THE SAME, IF YOU HAVE MADE ANY PAYMENTS TO HEALTH ESPRESSO FOR USE OF THE SAME OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEALTH ESPRESSO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, as contemplated below in “Dispute Resolution” will be the provincial and federal courts located in the Greater Toronto Area of the Province of Ontario and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between Health espresso and you regarding the Site and Health espresso Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Health espresso and you regarding the Site and Health espresso Services. In the event that you have elected to access restricted portions of the Site or use additional Health espresso Services, which are subject to additional terms and conditions (including without limitation the Pharmacy Assistance), any additional terms and conditions applicable to that portion of the Site or additional Health espresso Service are expressly included within these Terms as well.

 

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Health espresso’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Health espresso may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Health espresso: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

DISPUTE RESOLUTION

You and Health espresso agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Health espresso Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Health espresso are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Health espresso otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the Canadian Law of Arbitration governed by the Arbitration Act. The Arbitration Law will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Arbitration Act Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the province of Ontario and will be selected by the parties from the Arbitration Act roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the Canadian Law of Arbitration court will appoint the arbitrator in accordance with the Arbitration Law Rules.

Arbitration Location and Procedure. Unless you and Health espresso otherwise agree, the arbitration will be conducted in the Greater Toronto Area (GTA). If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Health espresso submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Arbitration Act Rules. Subject to the Arbitration Act Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the Arbitration Act Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Health espresso will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any Canadian Arbitration Law court filing, administrative and arbitrator fees will be solely as set forth in the Arbitration Act  Rules. However, if your claim for damages does not exceed $5,000, Health espresso will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.

Changes. Notwithstanding the provisions of the “Modification” section above, if Health espresso changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@healthespresso.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Health espresso’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Health espresso in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

GENERAL

The failure of Health espresso to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Health espresso. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

CONTACTING HEALTH ESPRESSO

If you have any questions about these Terms, please contact Health espresso at support@healthespresso.com