Services

Terms of Use

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

About these website terms and conditions

We created this website terms and conditions with the help of a free website terms and conditions precedent developed by Contractology and available at www.freenetlaw.com. Contractology produce and publish jurisdiction-neutral legal documents for professional customers around the world.

License to use website

Unless otherwise stated, (The Rooster) and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without (The Rooster's) express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without (The Rooster's) express written consent.

Restricted access

Access to certain areas of this website is restricted.] (The Rooster) reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at (The Rooster's) discretion.

If (The Rooster) provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

(The Rooster) may disable your user ID and password in (The Rooster's) sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to (The Rooster) a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to (The Rooster) the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or (The Rooster) or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

(The Rooster) reserves the right to edit or remove any material submitted to this website, or stored on (The Rooster's) servers, or hosted or published upon this website.

Notwithstanding (The Rooster's) rights under these terms and conditions in relation to user content, (The Rooster) does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. (The Rooster) makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, (The Rooster) does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

(The Rooster) will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• [to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data

These limitations of liability apply even if (The Rooster) has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit (The Rooster's) liability in respect of any:

• death or personal injury caused by (The Rooster's) negligence;
• fraud or fraudulent misrepresentation on the part of (The Rooster); or
• matter which it would be illegal or unlawful for (The Rooster) to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, (The Rooster) has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against (The Rooster's) officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect (The Rooster's) officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as (The Rooster).

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify (The Rooster) and undertake to keep (The Rooster) indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by (The Rooster) to a third party in settlement of a claim or dispute on the advice of (The Rooster's) legal advisers) incurred or suffered by (The Rooster) arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to (The Rooster's) other rights under these terms and conditions, if you breach these terms and conditions in any way, (The Rooster) may take such action as (The Rooster) deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

(The Rooster) may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

(The Rooster) may transfer, sub-contract or otherwise deal with (The Rooster's) rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and (The Rooster) in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

Privacy Policy

Last update of this privacy policy: July 16, 2014

BEFORE USING OUR SITES, PLEASE READ THIS PRIVACY POLICY CAREFULLY.

This Privacy Policy is applicable to (The Rooster) and sets out our policy on the gathering and use of information on this site and our other sites (collectively "Sites"). (The Rooster) is committed to providing safe web sites for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy. (The Rooster) complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.

There may be links from our Sites to other web sites; note that this Privacy Policy applies only to our Sites and not to web sites of other companies or organizations to which our Sites may be linked. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third party websites are provided as a convenience and are for informational purposes only. (The Rooster) does not endorse, and is not responsible for, these linked websites.

Although you are not required to register to access our Sites, you may be asked to provide us with personal information when you visit certain sections of our Sites. Your use of our Sites signifies your acknowledgement and consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use our Sites. Your continued use of the Sites signifies your acceptance of these terms and any changes in effect at the time of use.

COLLECTION OF PERSONAL INFORMATION

Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.

We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, Tell Your Story forms and the like. On some of our Sites, we offer health assessment tools that ask you to provide self-assessment information. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.

HOW DOES COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?

Before forwarding us any personal information, please be advised that any information gathered on our Sites may be used in the aggregate for research and development relating to our Sites and/or for future site development and, if you ask us to, to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Sites to your needs by collecting information about your preferences through tracking of patterns page views on our Sites; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.

PROMOTIONAL AND INFORMATIONAL OFFERS

With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by (The Rooster) provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use, either by e-mail request or by modifying the registration information provided. (The Rooster) uses reasonable efforts to maintain visitors' information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us as described below.

DISCLOSURE OF INFORMATION

(The Rooster) will not disclose personal information that you provide on its Sites to any third parties other than to a Company agent except: i) in accordance with the terms of this Privacy Policy, or ii) to comply with legal requirements such as a law, regulation, warrant, subpoena or court order, and/or iii) if you are reporting an adverse event/side effect, in which case (The Rooster) may be required to disclose such information to bodies such as, but not limited to, Canadian and/or international regulatory authorities. Please note that any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.

COOKIES

(The Rooster), in common with many web site operators, may use standard technology called "cookies" on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Sites may not function properly if you do so.

PROTECTION OF CHILDREN ONLINE

(The Rooster) considers the protection of children's privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.

ADDITIONAL TERMS FOR CERTAIN WEBSITES

The following additional information applies to our Sites that require registration. Generally, you are not required to provide personal information as a condition of using our Sites, except as may be necessary to provide you with a product or service that you have requested. However, some of our Sites are restricted to certain individuals such as health care professionals or our prescription drug patients and we may require these individuals to register upon entry by providing us with certain information.

PROTECTION OF INFORMATION:

Our Commitment to Security

We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. (The Rooster) applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.

Storage of Information:

Personal information you share with us is stored on our database servers at Company data centers (in whatever country they may be located), or hosted by third parties who have entered into agreements with us that require them to observe our Privacy Policy.

POLICY CHANGE:

If we alter our Privacy Policy, any changes will be posted on this page of our Site so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it.

ACCEPTANCE OF OUR PRIVACY POLICY:

By using this Site or any other (The Rooster) Site or interactive banner ads, you signify your acceptance of our Privacy Policy, and you adhere to the terms and conditions posted on the Site. By submitting your information, you agree that it will be governed by our Privacy Policy.