Terms and Policy

Website Terms and Conditions of Use ("Website Terms")

 

These Terms and Conditions of Use (the "Terms" or the "Agreement") apply to the Feeling Pretty Remarkable and Kevin Jardine websites located at www.FeelingPrettyRemarkable.com, and, www.kevinjardine.com, and the use of the material found on these sites (collectively, the "Website"), and the services provided by Feeling Pretty Remarkable and Kevin Jardine via the Website (the "Services"). The Website is the property of Collaborans Inc. ("Feeling Pretty Remarkable").

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THE WEBSITE. BY ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS THE WEBSITE OR THE SERVICES.

BY USING FEELING PRETTY REMARKABLES' SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS FEELING PRETTY REMARKABLE MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS WEBSITE IS DEEMED TO BE YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT WHICH IS POSTED AT THE WEBSITE.

Contact Information

Collaborans Inc.
33 Walder Ave
Toronto, ON M4P 2R7

Customer Service Email: help@FeelingPrettyRemarkable.com

 

Website: www.FeelingPrettyRemarkable.com/ and www.kevinjardine.com

OWNERSHIP OF MATERIALS

All information and content contained on the Website, such as text, graphics, software, images and other such material ("Material") on the Website are provided by Feeling Pretty Remarkable unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of Feeling Pretty Remarkable unless indicated otherwise. Feeling Pretty Remarkable retains all copyrights in the individual pages, and their components, and collective works available at the Website. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. Material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Feeling Pretty Remarkable's prior written permission. Feeling Pretty Remarkable, and the Feeling Pretty Remarkable logos are trademarks and the property of Feeling Pretty Remarkable. All other names and trademarks are the property of their respective holders.

Your privacy rights with respect to your use of the Website are set forth in our Privacy Policy which forms a part of this Agreement. Please review the Privacy Policy to learn about:

·       What information we may collect about you;

·       What we use that information for; and

·       With whom we share that information.

USE OF MATERIAL

Any unauthorized use of any Materials at the Website may violate patent, copyright, trademark, and other laws. Any use of the Website shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with this Agreement and current Feeling Pretty Remarkable policies. You agree to prevent any unauthorized copying of the Materials or information.

Feeling Pretty Remarkable authorizes you to view and download a single copy of the Materials available on www.FeelingPrettyRemarkable.com solely for your personal, non-commercial use.

Except where expressly stated otherwise, all Material contained on the Website is owned by or licensed to Feeling Pretty Remarkable. The Material on the Website is protected by copyright, database rights, registered designs, unregistered design rights, registered trademarks, passing-off rights or rights protected under unfair competition laws, without limitation, and which may be protected under both Canadian and foreign laws ("Intellectual Property Rights"). Unauthorized use of the Material by you may violate Collaborans' Intellectual Property Rights. You must retain all copyright notices and other proprietary notices contained in the original Material on any copy you make.

In connection with your use of the Website you will:

·       only view and use the Website for your own purpose and you may not sell, publish or modify the Material or reproduce, display, publicly perform, distribute, store, re-transmit or otherwise use the Material in any way for any public or commercial purpose;

·       not use the Website nor the Material in any manner which constitutes an infringement of any third party rights, including Intellectual Property Rights, including "screen scraping" or any other practice for the purpose of obtaining data, portions of a database or catalogue, lists or other information from the Website in a manner not expressly authorized here;

·       not use nor interfere with the Website other than in accordance with these Website Terms and not in any way so that all or part of the Website or any Material is or could be interrupted, reproduced, stored, re-transmitted, published, damaged, rendered less efficient, corrupted or in any way impaired, without limitation;

·       not use the Website nor the Material to transmit any information or content for the purposes of publicity, promotion and/or advertising without the prior written consent of Feeling Pretty Remarkable .

·       not send a message or communication which is offensive, abusive, defamatory, obscene, menacing or illegal;

·       not cause annoyance, inconvenience or anxiety to, or breach the rights of any other person;

·       not perform any illegal activity;

·       not receive, use, possess, post, transmit or publish obscene material;

·       not upload, post, publish or transmit any material which is protected by copyright, other intellectual property right or other proprietary right of a third party without the prior written consent of its owner;

·       not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

·       not gain or attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; and/or

·       not attack the Website via a denial-of-service attack or to distribute a denial-of service attack.

You agree not to attempt to reverse engineer, decipher, decompile or disassemble the Website or any Material or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. You may not modify any Material or create derivative works of any Material. You also may not onward transmit or distribute any Material electronically or via the internet.

If you violate any of these Website Terms your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

TERMINATION OF THIS USE LICENSE

Feeling Pretty Remarkable may terminate this use license at any time if you are in breach of this Agreement. Upon termination, you will immediately destroy any Materials in your possession, if any, and cease use of the Website.

CONDITIONS OF USE AND TERMS

Prior to the use of the Website, you must provide Feeling Pretty Remarkable with, and confirm, the following information: (i) your name; (ii) your mailing address (so that we can mail you any accrued payments); and (iii) other confirmatory demographics. By submitting that information to Feeling Pretty Remarkable, you hereby certify all assertions made under this Section and agree that you authorize Feeling Pretty Remarkable to confirm the veracity of such information.

METHODS OF PAYMENT AND TAXES

In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by you, such tax or deduction shall be paid by you, so that the payments by Feeling Pretty Remarkable shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state/provincial and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by Feeling Pretty Remarkable to you under this Agreement. Feeling Pretty Remarkable shall make all payments due under this Agreement in United States Dollars (USD).

FEELING PRETTY REMARKABLE LIABILITY

The Material may contain inaccuracies or typographical errors. Feeling Pretty Remarkable makes no representations about the accuracy, reliability, completeness or timeliness of the Material or any reliance by you on the Website and the Material.

The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. Feeling Pretty Remarkable has no obligation to provide or maintain any Material, products and/or services available at any time through the Website.

Feeling Pretty Remarkable does not warrant that the Website will be continuously available to you at any time, operate error-free or that the Website and its server are free of computer viruses and other harmful goods. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, to the extent permitted by law, Feeling Pretty Remarkable is not responsible for those losses and will not compensate you for those costs.

The Website and Material are provided on an "as is" basis without any warranties of any kind. Feeling Pretty Remarkable and its suppliers, to the extent permitted by; disclaim all warranties, including, but not limited to, the warranty of merchantability, non-infringement of third parties' rights, and the warranty of fitness for particular purpose. Whilst we will do what we reasonably can to maintain the accuracy of the Material, to the extent permitted by law Collaborans and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, the Website, services, software, text, graphics and links.

Feeling Pretty Remarkable will not be liable in any way for any increased costs or expenses, loss of profit, business, contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Materials, the Website or of any error or defect in either or of the performance non-performance or delayed performance of any services provided to you through the Website by us.

Nothing in these Terms will exclude or limit Feeling Pretty Remarkable ' liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.

MEDICAL DISCLAIMERS

The Materials available through the Website are for informational and educational purposes only and are not a substitute for the professional judgment of a regulated health care professional in diagnosing and treating patients. Neither Feeling Pretty Remarkable nor you are permitted to advise, diagnose, or otherwise treat users of the Website or other persons. Neither the content nor any other service offered by or through the Website is intended to be for medical diagnosis or treatment. As a recipient of Material, you are not establishing a doctor/patient relationship or a nurse/patient relationship with us or with any physician, nurse or health practitioner.  Persons accessing the Materials or any service associated with the Website assume full responsibility for the use of the information and agree that Feeling Pretty Remarkable is not responsible or liable for any claim, loss, or damage arising from the use of the information. Feeling Pretty Remarkable does not recommend or endorse any specific exercises, evaluations, regulated health care professionals, products, procedures, opinions, or other information that may be mentioned on the Website that are not developed or distributed by Feeling Pretty Remarkable . Your reliance upon the Materials obtained or used by you at or through the Website is solely at your own risk.

SECURITY

The Website is intended by Feeling Pretty Remarkable to require a valid, working e-mail address and password to access and use the Materials on the Website. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Website, (3) any damages or losses that may be incurred or suffered as a result of you or your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Feeling Pretty Remarkable in writing of any need to deactivate an ID due to potential or actual security concerns. Feeling Pretty Remarkable is not liable for any harm related to the theft of Your ID, Your disclosure of your ID, or your authorization to allow another person or entity to access and use the Website using your ID. You agree to immediately notify Feeling Pretty Remarkable in writing of any unauthorized use of your ID.

LINKS TO OTHER SITES

The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Feeling Pretty Remarkable of the contents on such third party websites.

Feeling Pretty Remarkable is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

SUBMITTING CONTENT TO THE WEB SITE

You shall remain solely liable for any material you submit to the Website. In submitting any material to the Website you hereby agree to indemnify and keep indemnified, Feeling Pretty Remarkable , its parent, affiliates, directors, officers and employees from and against any and all claims, liability, costs, damage, other expenses or loss we may incur, including, without limitation legal fees, as a result of any material you submit or any violation by you of your obligations under the Terms.

By submitting any material to the Website, grant to Feeling Pretty Remarkable an irrevocable, free of charge, non-exclusive, worldwide, perpetual license to use such material in the provision of services to you.

If you upload information or content to the Website, you warrant that the information or content that you provide is accurate and complete and you are responsible for ensuring that this information or content is promptly updated if there are any changes to the information or content provided. For more information regarding how your personal information is used by us, please see our Privacy Policy.

USER SUBMISSIONS

Unless otherwise agreed in writing prior to your submission, any material, information or other communication you transmit or post to the Website or third party site will be considered non-confidential and non-proprietary ("Communications"). Feeling Pretty Remarkable will have no obligations with respect to the Communications. You agree that from time to time Feeling Pretty Remarkable may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to your Communications and profile.

Feeling Pretty Remarkable hereby grants you a non-exclusive, non-transferable license to re-use or republish your own Communications made to the Feeling Pretty Remarkable Website in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own Communications and does not grant you rights to republish the contributions or postings of other Feeling Pretty Remarkable members. Feeling Pretty Remarkable and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Feeling Pretty Remarkable shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from the Website any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other Feeling Pretty Remarkable member unless that individual has previously revealed his or her own name or personally identifying information in that specific Feeling Pretty Remarkable post. Any attempt to obtain unauthorized access or to exceed authorized access to the Website shall be considered a trespass and computer fraud and abuse, punishable under any law. Feeling Pretty Remarkable hereby notifies you that any or all Communications can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Feeling Pretty Remarkable in its sole discretion and without further notice. You are reminded that Feeling Pretty Remarkable does not collect personal health information about individuals. To submit a Contribution, you must provide and upload information to the Feeling Pretty Remarkable server. Within your uploaded submission, Feeling Pretty Remarkable does not collect or maintain information that would associate this submission with a specific patient or individual. The use of de-identified health information will be used, however, all identifiers will be "stripped" and a key is not disclosed that would allow the information to be re-identified. Feeling Pretty Remarkable does not possess a key to re-identify patient data.

Personal Profile:

Once a registered participant, you may provide additional information in your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of Feeling Pretty Remarkable and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time.

REPRESENTATION

As a user of the Website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation as provided. You hereby certify that you are not a paid consultant or have any other financial interests in the information you provide to the Website including, but not limited to the promotion of health related information or any type, the disclosure of confidential clinical trial or other proprietary information.

PATIENT DATA AND LEGAL COMPLIANCE

The Materials provided through the Website may enable you to transmit, store, review or receive confidential patient information ("Patient Information"). Ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Website, the Materials and third party sites. You agree that Feeling Pretty Remarkable , Feeling Pretty Remarkable ' licensors and licensees, and all other persons or entities involved in the operation of the Materials and functionalities provided through the Website, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such Materials, and are acting on your behalf in transmitting Patient Information. COLLABORANTS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE WEBSITE AND THE MATERIALS ON THE WEBSITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE WEBSITE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.

USE OF PERSONAL INFORMATION

We may use your information to process your requests for products or services, provide access to secure areas of the Website, to administer contests and competitions, personalize your visit to the Website and to enable us to review, develop and improve the products, services, and special offers we provide online. We may occasionally carry out market research and send you details of services and offers that we think will be of interest to you. If you do not wish to receive such information, please ensure you e-mail help@FeelingPrettyRemarkable.com or alternatively when we send you an e-mail, please use the opt-out link provided.

COOPERATION WITH GOVERNMENT AUTHORITIES

If necessary and in accordance with applicable law, Feeling Pretty Remarkable will cooperate with local, provincial, state, federal, international and/or worldwide government authorities to protect the Website, visitors, customers, members, Feeling Pretty Remarkable , its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of the Website.

INDEMNITY

You agree to defend, indemnify and hold Feeling Pretty Remarkable , its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Feeling Pretty Remarkable's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of this Agreement, (2) your unauthorized or unlawful use of the Website, and the Materials, and (3) the unauthorized or unlawful use of the Website by any other person using your ID.

WRITTEN COMMUNICATIONS

When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail (or any other medium of your choice) or provide you with information by posting notices on our Website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communication that we provide to you electronically comply with any legal requirement that such communications be in writing.

GENERAL

Except as expressly provided in a particular policy or material on particular web pages of the Website, the Terms and the Privacy Policy constitute the entire agreement between you and Feeling Pretty Remarkable with respect to your use of the Website. Any clause in the Terms that is found to be invalid or unenforceable shall be deemed deleted and the remainder of the Terms shall not be affected by that deletion. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Nothing in the Terms shall confer on any third party any benefit or the right to enforce any provision of the Terms.

GENERAL DISCLAIMERS

THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL Feeling Pretty Remarkable , ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS (5) ANY OTHER FAILURE TO PERFORM BY Feeling Pretty Remarkable OR Feeling Pretty Remarkable's CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER Feeling Pretty Remarkable HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Feeling Pretty Remarkable ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE WEBSITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE.

Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. Feeling Pretty Remarkable and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. Feeling Pretty Remarkable may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Feeling Pretty Remarkable makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.

LINKS TO OTHER MATERIALS

The linked sites are not necessarily under the control of Feeling Pretty Remarkable and Feeling Pretty Remarkable is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Feeling Pretty Remarkable reserves the right to terminate any link or linking program at any time. Feeling Pretty Remarkable has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to the Website, you do this entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and Feeling Pretty Remarkable shall not be responsible for notification of any change in name or location of any information of the Website. Feeling Pretty Remarkable reserves the right to request any web site administrator to disable or remove any link that violates any rights of Feeling Pretty Remarkable or causes interruption or deterioration of Materials provided by Feeling Pretty Remarkable . Failure to abide by this request shall be dealt with as provided in this section.

APPLICABLE LAWS

The Website is controlled by Feeling Pretty Remarkable from its offices within the Province of Ontario, Canada. Feeling Pretty Remarkable makes no representation that Materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Website or the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of Canadian export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Province of Ontario, and the applicable laws of Canada, without giving effect to principles of conflicts of law that would impose a law of another jurisdiction.

DISPUTE RESOLUTION

Any dispute between Feeling Pretty Remarkable and you arising out of this Agreement shall be resolved first by direct communication with one or more of Feeling Pretty Remarkable ' management team members. Should Feeling Pretty Remarkable and you be unable to resolve the dispute by communication and both you and Feeling Pretty Remarkable jointly agree to do so, Feeling Pretty Remarkable or you may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Feeling Pretty Remarkable 's headquarters and pursuant to Ontario law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, and any other Feeling Pretty Remarkable policy which is incorporated herein by this reference, contains the entire agreement between you and Feeling Pretty Remarkable relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of Feeling Pretty Remarkable employees. Feeling Pretty Remarkable reserves the right to make changes to this Agreement at any time without advance notice. Feeling Pretty Remarkable agrees to post all amended forms of this Agreement on the Website and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Website to ensure that you agree to the terms and conditions of any amendments made to this Agreement. you agree that these standards for notice of amendments to this Agreement are reasonable.

TERMINATION

Your right to access and use the Website and/or Materials immediately terminates without further notice upon your breach of this Agreement. Feeling Pretty Remarkable may terminate this Agreement and/or your right to use the Website at any time, with or without cause. Feeling Pretty Remarkable reserves the right to discontinue or make changes to the Website and/or Materials at any time.

ASSIGNMENT

Feeling Pretty Remarkable may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without Feeling Pretty Remarkable prior written permission. Any attempt by you to assign your rights under this Agreement without Feeling Pretty Remarkable permission shall be void.

WAIVER OF BREACH

Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

FORCE MAJEURE

Feeling Pretty Remarkable shall not be liable for any failure or unavailability of the Website and/or the Materials or failure by Feeling Pretty Remarkable to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Feeling Pretty Remarkable control.

NOTICE

 

Feeling Pretty Remarkable may deliver notice to you under this Agreement by means of electronic mail, a general notice on www.FeelingPrettyRemarkable.com or by written communication delivered by registered mail to your address on record in Feeling Pretty Remarkable account information. You may give notice to Feeling Pretty Remarkable at any time via electronic mail to help@FeelingPrettyRemarkable.com or by letter delivered by first class postage prepaid Canadian Post or overnight courier to the following address:

Feeling Pretty Remarkable

Attn: Feeling Pretty Remarkable Legal Department
33 Walder Ave
Toronto, ONM4P 2R7

CANADA

If you object to any material found on the Website, please bring your concerns to the attention of Feeling Pretty Remarkable Legal Department. The Website administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

HEADINGS

The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

INVALIDITY

If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

Privacy Policy

What This Privacy Policy Covers

 

This Privacy Policy covers how Collaborans Inc. ("Feeling Pretty Remarkable ", Kevin Jardine, "we" or "us"), in operating www.FeelingPrettyRemarkable.comand shop.FeelingPrettyRemarkable.com, (the "Website"), treats Personally Identifiable Information regarding users ("you") that Feeling Pretty Remarkable collects and receives, including information related to your past use of Feeling Pretty Remarkable products and services. For the purposes of this policy, Personally Identifiable Information refers to information about you that is personally identifiable including your name, address, email address, and phone number, and that is not otherwise publicly available.

This Privacy Policy does not apply to the practices of companies that Feeling Pretty Remarkable does not own or control or to people that Feeling Pretty Remarkable does not employ or manage. We encourage you to review the privacy policies of any companies and websites to which you divulge personal information.

By visiting, using and submitting information to the Website you accept the practices described in this Privacy Policy and our Agreement of Terms of Use for the Website. If you do not accept or disagree with this Privacy Policy and/or the Agreement of Terms of Use for the Website, do not use the Website.

Information Collection and Use

General

Feeling Pretty Remarkable collects Personally Identifiable Information when you register and establish a Website profile, when you use Feeling Pretty Remarkable products or services, when you visit the Website or the pages of Feeling Pretty Remarkable Partner Companies, and when you enter promotions or sweepstakes. We may combine Personally Identifiable Information about you that we have with Personally Identifiable Information from Feeling Pretty Remarkable Partner Companies.

Once you become a registered participant, you may provide additional information in your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of Feeling Pretty Remarkable and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time.

When you use the Website you may be asked for Personally Identifiable Information including your name, email address, birth date, gender, health professional license information, school attended, institutional affiliations, credit card information, billing address, business address, occupation, industry and personal interests. By giving us such information you agree to our using it in the manner described in this Privacy Policy.

Feeling Pretty Remarkable collects Personally Identifiable Information about your transactions with us and with Feeling Pretty Remarkable Partner Companies, including information about your use of services that we offer.

Feeling Pretty Remarkable automatically receives and records information on our server logs from your browser, including your IP address, Feeling Pretty Remarkable cookie information, and the page you request.

Feeling Pretty Remarkable uses Personally Identifiable Information for the following purposes: to fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. If used to facilitate advertising, then Personally Identifiable Information will be stripped of any identifiers.

Feeling Pretty Remarkable may use your Personally Identifiable Information to process your service requests, provide access to secure areas of the Website, to personalize your visit to the Website and to enable us to review, develop and continually improve the services we provide online. We limit access to Personally Identifiable Information about you to Feeling Pretty Remarkable employees who we believe reasonably need that information to provide products or services to you or in order to do their jobs.

If at any point Feeling Pretty Remarkable decides to use Personally Identifiable Information in a manner differently than described here, Feeling Pretty Remarkable will notify you by e-mail.

You may withdraw your consent to our use of your Personally Identifiable Information for the purposes stated here or at the time it was collected at any time by emailing us and we will aim to process this request within 5 days of receipt of your withdrawal of consent.

Information Sharing and Disclosure

Any disclosure of Personally Identifiable Information by Feeling Pretty Remarkable will be strictly controlled and made in accordance with the Canadian Personal Information Protection and Electronic Documents Act.

Feeling Pretty Remarkable may provide information about you to third parties, our employees and agents in order to administer any accounts and services provided to you by Feeling Pretty Remarkable . Any access to or use by third parties of Personally Identifiable Information provided by you will only be to perform functions on our behalf related to purposes set out in this Privacy Policy and may not be used for any other purpose.

If you breach our terms and conditions or any of the Website terms of use or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your Personally Identifiable Information to a relevant authority.

This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Personally Identifiable Information may be used to prevent or detect fraud or abuses of the Website and to enable third parties to carry out technical, logistical or other functions on our behalf. Where we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Feeling Pretty Remarkable 's terms of use, or as otherwise required by law.

Feeling Pretty Remarkable does not rent, sell, or share Personally Identifiable Information about you collected in connection with your use of the Feeling Pretty Remarkable service with other people or nonaffiliated companies, except to provide products or services you have requested, when we have your permission, or under the following circumstances:

·       We provide information to Feeling Pretty Remarkable Partner Companies who work on behalf of or with Collaborans Inc. under confidentiality agreements. These companies may use your Personally Identifiable Information to help Feeling Pretty Remarkable communicate with you about offers from Feeling Pretty Remarkable and our marketing partners. However, these companies do not have any independent right to share this information. If you do not wish to receive such information from Feeling Pretty Remarkable and our marketing partners, please e-mail us or alternatively when we send you an e-mail, follow the instructions at the end of the message explaining how you can opt-out of receiving any further information from us.

·       If Feeling Pretty Remarkable is sold or integrated with another business your Personally Identifiable Information may be disclosed to our advisers and any prospective purchasers and their advisers and will be transferred to the new owners of the business. In this event, Feeling Pretty Remarkable will notify you before any Personally Identifiable Information about you is transferred and becomes subject to a different privacy policy.

Feeling Pretty Remarkable may rent, sell, or share bulk user information, from which any Personally Identifiable Information has been removed, with third parties for commercial purposes.

Transfer of your Data Outside of Canada

As part of the services offered to you through the Website, the information you provide to us may be transferred to countries outside of Canada. These countries may not have similar data protection laws to Canada. If we transfer your information outside of Canada in this way, the use of your Personally Identifiable Information will be subject to contractual limitations at least as stringent as those laid out in this Privacy Policy.

DATA STORAGE

Feeling Pretty Remarkable uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. Feeling Pretty Remarkable owns the code, databases, and all rights to the Website.

Cookies

Feeling Pretty Remarkable may create and access cookies (a piece of information which is stored on your computer and allows us to identify if you have visited the site before) on your computer. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them and personal information cannot be gathered from them. They are simply an identifier shared between you and us to allow us to improve the services we offer to you through the Website.

If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser's "security settings" section. However, please note, permanently disabling cookies in your browser may hinder your use of the Website as well as other websites and interactive services.

Confidentiality and Security

The Personal Information Protection and Electronic Documents Act gives you the right to access Personally Identifiable Information held about you. You can obtain access to your Personally Identifiable Information held by us by contacting us by email (there may be a cost associated with administration for collating this information). We may ask you to give evidence of your identity before providing such access.

We make every attempt to make sure that the Personally Identifiable Information we hold about you is accurate and up to date. If you believe that any information we are holding on you is incorrect or incomplete, please e-mail us as soon as possible and we will promptly correct any information found to be incorrect.

Feeling Pretty Remarkable maintains physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any information including your Personally Identifiable Information. Our security procedures mean that we may occasionally request proof of identity before we disclose Personally Identifiable Information to you. If you have any further concerns about security, please email our Customer Service team.

When Feeling Pretty Remarkable requests that you enter Personally Identifiable Information, that information is encrypted using Secure Sockets Layer (SSL) software or other security protocol, which encrypts the information you input. No administrator at Feeling Pretty Remarkable will have knowledge of your password. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off from the Website when finished using a shared computer.

Feeling Pretty Remarkable also protects your Personally Identifiable Information off-line. Access to your Personally Identifiable Information is limited to employees who Feeling Pretty Remarkable reasonably believes will need that information to provide services to you. However, Feeling Pretty Remarkable is not responsible for the confidentiality, security or distribution of your Personally Identifiable Information by Feeling Pretty Remarkable Partner Companies and third parties outside the scope of our agreement with such Feeling Pretty Remarkable Partner Companies and third parties.

E-MAIL

Wherever possible, Feeling Pretty Remarkable sets security standards to prevent any unauthorized access to your Personally Identifiable Information. However, any information and personal data carried over the Internet and by e-mail is not secure and is liable to interception, loss, redirection and corruption by other people unless you encrypt it.

Changes to this Privacy Policy

Changes in this Privacy Policy will be posted on the Website. You are advised to check the Website regularly to view our most recent privacy policy.

Questions and Suggestions

If you have questions or suggestions, please contact:

The Collaborans Inc. Privacy Officer
Collaborans Inc., Customer Care - Privacy Policy Issues
33 Walder Ave
Toronto ON M4P 2R7 CANADA

help@FeelingPrettyRemarkable.com

Return Policy

If, for any reason, you are not satisfied with your purchase you can return it to Collaborans Inc. within 30 days from time of delivery for a full refund less shipping & handling. We ask only that you return the product in the same condition and with the same packaging in which you received it. If for any reason, you receive a product with defects, Collaborans Inc. will replace your product, at no cost to you, once it has been received and inspected. Refunds will be made by the same method used for your purchase.

About Your Return

Returns to Collaborans Inc. are at customer's expense. We do not refund original shipping and handling costs with the return. We do not charge a re-stocking fee for returns. We gladly accept returns for any purchase made from Feeling Pretty Remarkable (excluding App purchases) within 30 days of the date your item was shipped from our warehouse.

You should expect to receive your refund within four weeks (approximately 30 days) of returning your package to Collaborans Inc.; however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). We'll notify you via e-mail of your refund once we've received and processed the returned item.

No COD's are accepted. You are responsible for returning products and insuring them properly. Please select signature option with your delivery company and ask for tracking number for any follow-up information.

Return Instructions

Step 1. Repackage with Packing Slip. Re-pack the item(s) you are returning to us in the original packaging and include the original (or a photocopy) Packing Slip. If there are several items on your Packing Slip, please highlight the item(s) you are returning. If your return contains items from more than one order, please enclose each Packing Slip.

Step 2. Complete Name and Address and Affix Appropriate Postage. Put your name and address on the upper left corner of your return package. Affix the appropriate postage to your package and make sure that it is insured properly. Ensure you ask your carrier for a tracking number for any follow up shipping information. Without this tracking number you cannot track your parcel.

Where To Ship your Return?

We do not accept in person returns. All returns must be shipped to:

Collaborans Inc., Customer Care – Product Returns
33 Walder Ave
Toronto ON M4P 2R7 CANADA