Terms of Use

The website is owned and operated by Bodycad Laboratories, Inc. (collectively referred to as “Bodycad”). All content, information and software provided on and through the website is owned by Bodycad. The website may be used solely under the following terms of use. Your use of this website constitutes your acceptance of these terms and conditions. If you do not agree to these terms, please discontinue use of this site.

     1. Website License

As a user of this website, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the site and its content in accordance with these Terms of Use. Bodycad may terminate this license at any time for any reason.

     2. Limitations on Use

The content of this website is for personal use only and not for commercial exploitation. You may use this site for your own personal use or your organization’s internal use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the website or the content without Bodycad’s prior written permission. You may not print, download, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any portion of the website except to the extent permitted above. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the applicable export control laws and regulations. Any unauthorized use of the website or the content is prohibited and can result in enforcement actions and other legal consequences against you.

     3. Not Professional Advice

The website and its contents do not constitute medical, legal, or any other type of professional advice. Please consult with your physician or other healthcare professional for medical advice. The accuracy, completeness, adequacy or currency of the website or the content is not warranted or guaranteed. Your use of the content, the website, or materials linked from the website is at your own risk.

     4. Website Users

Certain areas of this website contain information intended only for physicians and other healthcare professionals. If you are not a resident from your selected jurisdiction and not a physician or other healthcare professional, you should not access the “Medical Professionals” content of the website as it contains marketing and product materials to which your access may be restricted under the advertising laws or regulations of your country.

     5. Intellectual Property Rights

All content, unless otherwise indicated, is protected by law including, but not limited to, Canadian and United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Bodycad does not grant any express or implied rights to you under any patent, copyright, trademark, or trade secret information. Accordingly, any unauthorized use of the website or the content may violate copyright laws, trademark laws, trade secret laws, or laws relating to privacy and publicity.

By submitting content, ideas or any other type of information to the website, such as in the form of a suggestion or feedback about our site or our products, services, you automatically grant Bodycad a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adopt, publish, edit (for length or clarity), translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now know or later developed for the full term of any rights that may exist in such content. Of course, Bodycad’s re-use of any content submitted would not include any personal information provided. Bodycad reserves the right to remove any content submitted to the website at any time for any reason.

     6. Registration

Certain sections of the website require you to register in order to receive information about products, services, systems, programs, and other information relating to Bodycad. If registration is requested, you agree to supply Bodycad with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account login credentials and/or password, as well as all uses of your account, whether or not actually or expressly authorized by you. Bodycad reserves the right to refuse registrations or subscriptions.

     7. Errors and Corrections

Bodycad takes reasonable measures to monitor and update content on the website, but it does not represent or warrant that the website will at all times be error-free, free of viruses or other harmful components, or that defects will be corrected. Bodycad also does not warrant or represent that the content and any information available on or through the website will at all times be correct, accurate, timely, or otherwise reliable. Bodycad may make changes to the content or the website at any time.

     8. Availability of Products and Services

The site contains information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Visitors are advised that alternative products and services may be available from other manufacturers and service providers.

     9. Health Care Information

Every effort has been made to present health care information on our website in a clear and an objective manner. Information related to various health, medical, and fitness conditions and their treatment is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. Rather, please consult your healthcare professional for information on the courses of treatment, if any, which may be appropriate for you.

     10.Third-Party Content

Third-party content may appear on or be accessible from the website. Bodycad is not responsible for and assumes no liability for any third-party content. Additionally, this website may provide links or references to other web sites not affiliated with Bodycad; however, Bodycad is not responsible for the content of such other sites and shall not be liable for any damages or injury arising from users’ access to such sites. Links to other sites are provided only as a convenience to users of our website. Bodycad has used reasonable efforts to verify that the URLs referring to external web sites are correct as of the last revision of the Bodycad website.

     11. Disclaimer

The website and the content is provided on an “as-is” basis. Bodycad expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Bodycad disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to: (A) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors; (B) any third-party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom; (C) the unavailability of the website or any portion thereof; (D) your use of this website; or (E) your use of any equipment or software in connection with the website.

     12. Limitation of Liability

Bodycad shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website or the content. Bodycad shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use or inability to use the website or the content. To the extent the foregoing limitation of liability is prohibited, Bodycad’s sole obligation to you for damages shall be limited to $1,000 USD.

     13. Unlawful Activity

You may not use this site for any unlawful purpose or activity. Bodycad reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate.

     14. Remedies for Violations

Bodycad reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Bodycad’s websites and their features.

     15. Governing Law and Jurisdiction

These Terms of Use have been made in and shall be construed and enforced in accordance with the laws and requirements of the province of Quebec in Canada. Any action to enforce this agreement shall be brought in the appropriate Canadian federal or provincial courts in Quebec.

     16. Privacy

Your use of the website is subject to Bodycad’s Website Privacy Policy.

     17. Severability of Provisions

These Terms of Use incorporate by reference any notices contained on the website and the Privacy Policy. These terms constitute the entire agreement between you and Bodycad with respect to access to, and use of, the website. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with any other provision of the Terms of Use then the unlawful, void, unenforceable or conflicting provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

     18. Modifications to Terms of Use

Bodycad reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the website after any such changes constitutes your acceptance of such changes.

The content from this website may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including facsimile transmission, photocopying, recording, or use of information storage or retrieval systems, without express written permission from the copyright owner. Requests for permission or further information please contact us at info@bodycad.com.