PolarUs (herein referred to as “PolarUs,” “we,” “us” or “our”) provides and makes this application, website, and services (collectively “the Platform”) available pursuant to this Terms of Service Agreement (the “Terms”). By clicking your acceptance of the Terms, and by accessing, browsing, participating in the services and receiving products offered by PolarUs (the “Program”), or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to and accept these Terms, you shall not access, browse or use the Platform or participate in the Program.
PolarUs may modify these Terms at any time and without prior notice. All such changes to the Terms will be posted to the Platform. By continuing to use the Platform after such posting you agree to any such changes.
In our sole discretion and without a prior notice requirement, we may discontinue, modify, or alter any aspect of the Platform and/or Program. This may include but is not limited to (i) restricting the time the Platform, Program, Content, or other services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Platform and/or Program and (iv) changing any feature or functionality provided by the Platform and/or Program.
YOUR BREACH OR VIOLATION OF THESE TERMS MAY RESULT IN THE TERMINATION OF YOUR ACCESS TO THE PLATFORM OR ENROLLMENT IN THE PROGRAM. POLARUS MAY IN ITS SOLE DISCRETION DETERMINE THAT YOU HAVE BREACHED OR VIOLATED THESE TERMS AND MAY BLOCK YOUR ACCESS, DELETE YOUR ACCOUNT, AND/OR OTHERWISE BLOCK ANY AND ALL OF YOUR CURRENT OR FUTURE USE OF THE PLATFORM, THE PROGRAM, ACCESS TO CONTENT, OR OTHER SERVICES.
No Medical Advice
The contents of the Platform, including without limitation any self-management recommendations or other reports generated by the Program (collectively, “Your Report”) and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks, and references (collectively, “Content”), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment nor are they intended to be interpreted as a recommendation for a particular treatment plan.
The use of the Content obtained through the Platform and/or Program does not establish a physician-patient relationship. Your reliance upon the Content obtained by you at or through the Platform and/or Program is done solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the Platform, or something you have received through the Program. We do not assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction provided to you through the Platform and/or the Program.
THE PLATFORM AND/OR PROGRAM DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE. NEITHER THE PLATFORM NOR THE PROGRAM OR CONTENT CONTAINED WITHIN ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, PLEASE CONSULT YOUR PHYSICIAN.
You should seek the advice of your physician or other qualified healthcare provider if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of, or believe you may have, any medical or psychiatric condition, regardless of any information contained within Your Report. Furthermore, you should not interpret Your Report or third-party resources or any other Content as recommending any specific treatment plan, product, or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.
PLEASE CALL A 911 OR YOUR DOCTOR OR SEEK OTHER TREATMENT OPTIONS IMMEDIATELY IF YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
2. Voluntary Participation
Your use of the Platform is voluntary. It is your choice whether to participate. You may cancel your account with us at any time by emailing us at email@example.com. If for any reason you believe that your use is anything but voluntary, please terminate all use of the Platform.
3. Procedures and Protocol
If you participate in the Platform, you may or may not experience mental, physical or other health benefits. No benefits can be guaranteed nor are any promised by us.
6. Your Account
You will be required to create a user account with PolarUs (“Your Account”) in order to access certain portions of the Platform and/or obtain Program information. You will be prompted to create a username and password for Your Account. You shall not share your username and password with others and are solely responsible for keeping your password confidential and for all uses of our website and the services with Your Account. You must immediately notify PolarUs of any unauthorized use of Your Account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
The Platform is for use by users who are nineteen (19) years of age or older. Users under the age of nineteen (19) are not permitted to use the Platform. By using the Platform, you represent and warrant that you are nineteen (19) years of age or older and that you will not use the Platform for any purpose that is unlawful, unethical, or in violation of these Terms.
7. Limitations on Your Use of the Platform, Termination and Removal of Access
Your access to the Platform is provided on a temporary basis, with no guarantee of availability. You agree not to:
- Take any action that breaches or violates these terms;
- Use the Platform to engage in fraudulent, harassing, or illegal activities;
- Take any action that imposes an unreasonable load on the Platform’s infrastructure;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or making up the Platform;
- Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Platform for any reason;
- Delete or alter any material posted on the Platform by PolarUs or any other person or entity; or
- Frame or link to any of the materials or information available on the Platform.
You are prohibited from using the Platform to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Platform and reserves the right to delete any material we deem inappropriate. PolarUs is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using the Platform.
8. Jurisdictional Scope of the Platform
PolarUs currently provides services in English to users in Canada. Unless otherwise specified, the Platform and material provided on the Platform are solely for promoting products, programs, and business operations within Canada. Software and other materials from the Platform may be subject to export controls imposed by Canada and may not be downloaded or otherwise exported to any country or entity to which Canada has embargoed goods or services. By downloading software or other material from the Platform, you represent and warrant that you are able to do so in full compliance with the laws of Canada and your resident country.
9. Ownership, Trademark and use of Content
The Platform is owned and operated by PolarUs and the Content, the Program and any other services and any intellectual property and other rights relating thereto are and will remain with PolarUs, its licensors and suppliers, as applicable. All trademarks, service marks, and logos used on the Platform or in the Program, whether registered or unregistered, are owned by PolarUs, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos, or designs used on the Platform without prior written consent from the rightful owner(s). The Platform, Program, and Content are protected by Canadian and international copyright, trademark, and other laws.
PolarUs grants you a non-exclusive, non-transferable, revocable, limited license to receive the PolarUs Program Services and any other Content obtained by you from the Platform, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may distribute copies of Program Content to your physician and anyone else of your choosing. You may not use any Content obtained from the Platform in any other manner or for any other purpose without the prior written permission of PolarUs. All rights not expressly granted herein are expressly reserved to PolarUs, its licensors and suppliers. By using the Platform and/or the Program, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Platform and/or Program, or “frame” or “mirror” any part of the Platform without prior written consent from PolarUs.
10. Accuracy and Integrity of Information
While we strive to keep the Content accurate, complete, and up-to-date, we cannot and do not guarantee the accuracy, completeness, or timeliness of any Platform Content provided by us. It is possible that the content you receive or view may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to such content by third parties.
In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained within the Platform Content may be changed or updated by us without notice. Any opinions, advice, statements, or other information expressed or made available by third parties via the Platform are those of the respective third party and not necessarily those of PolarUs.
THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT POLARUS IS NOT ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
11. Modification or Suspension of the Platform
PolarUs may at any time modify, discontinue, or suspend its operation of, or restrict access to, the Platform, or any part thereof, temporarily or permanently, without notice to you.
12. Third-Party Content
The Platform may contain information about, or links to Third party websites, applications, platforms and other content (the “Third-Party Content”). In addition, emails sent to users of the Platform may contain information about, or links to Third-Party Content. The information provided about, and links concerning Third-Party Content are provided for your convenience only. We do not control such Third-Party Content and we are not responsible for the content and performance of these Third-Party Content or for any transactions you may choose to conduct with the operators of any Third Party Content. We are not responsible for linked Third-Party Content, Third-Party Content framed within the Platform, or Third-Party Content in emails sent from the Platform, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Content is at your own risk and subject to the terms and conditions of use of such sites. You acknowledge that we shall have no liability for any damage or loss arising from your access to, use of or reliance on any Third-Party Content.
13. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PLATFORM, PROGRAM AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE PLATFORM, THE PROGRAM, OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE MAKE NO WARRANTIES AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF THE PLATFORM, THE PROGRAM, OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. NO FUTURE STATEMENT, WRITTEN OR VERBAL, PROVIDED BY US SHALL CREATE ANY WARRANTY.
14. Limitation of liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE PLATFORM, THE PROGRAM, THE CONTENT OR ANY OTHER OF OUR SERVICES. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL POLARUS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, (1) ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE OUR SITE, THE SERVICES, YOUR REPORT, OR OTHER CONTENT; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR POLARUS DATA, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND POLARUS OR OUR PLATFORME; (3) THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR WEBSITE; OR (4) ANY OTHER MATTER RELATING TO OUR PLATFORM OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT POLARUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, and hold harmless PolarUs and its respective directors, officers, employees, agents, affiliates, successors, and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise from your use of the Platform, the Program, the Content or other services provided by us; or from your breach of these Terms; or from any data or communications you submit, post or transmit to or through the Platform. You agree to cooperate as reasonably required in the defense of any such claim. PolarUs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of PolarUs.
16. Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide the PolarUs copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Platform;
- Your address, telephone number, facsimile number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
Notice of claimed copyright or other intellectual property infringement should be directed to:
Mail to: PolarUs
Department of Psychiatry, University of British Columbia,
420-5950 University Boulevard,Vancouver, BC, Canada