“Services” means FLUIDS iQ’s products, services, and website (including graphics, text, images, and other information displayed on the website), as accessed by users with or without an account.
“Personal Information” is information about an individual, which includes information that can be used to identify you or to find you on our website. FLUIDS iQ gathers and keeps the following types of Personal Information:
- “Registration Information” is the personal information you provide when registering and/or purchasing our Services and products.
- “Self-Reported Information” is your personal information, that you enter into surveys, forms, or similar features while using the FLUIDS iQ website.
- “User Content” is all other information provided by FLUIDS iQ users, not including Self-Reported Information. This information is distributed publicly or privately, to or through FLUIDS iQ.
FLUIDS iQ may make changes to the TOU from time to time. When these changes are made, FLUIDS iQ will make a new TOU copy that will be available on its website.
Unless stated otherwise, each new feature that is added to the current Services will be subject to the TOU.
You agree that the Services might change from time to time, or that FLUIDS iQ might stop (permanently or temporarily) providing some Services without any prior notice and that FLUID iQ will not be liable to your or any third party for any changes or discontinuation of the Services.
By using the Services, you accept and agree that FLUIDS iQ will treat your use of the Services as an implied acceptance of the TOU from that point onward. Some of the Services (both existing and new) may be subject to additional terms and/or conditions. When you first use these services, we will bring this to your attention.
You understand and accept that if you use the Service after the date the TOU was changed, FLUIDS IQ will treat your use as an agreement of the updated TOU.
If you violate any of the TOU terms, and/or FLUIDS iQ has suspicions that you violated the terms of these TOU, FLUIDS iQ has the right to suspend or terminate your account and refuse future or current use of the Services.
NOT INTENDED FOR CHILDREN
Users must be lawfully able to use the Services under the laws where they reside. The Services are not intended to be used by any individual younger than 13 years of age. Users younger than 13 years of age must have the written authorization of a parent or guardian.
USER RISK AND CONSIDERATION
FLUIDS iQ SERVICES ARE FOR RESEARCH, INFORMATIONAL AND EDUCATIONAL USE ONLY. NO MEDICAL ADVICE IS PROVIDED. OUR SERVICES ARE NOT TO BE USED BY THE USER AS DIAGNOSTIC TOOLS AND SHOULD NOT BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE FROM YOUR PHYSICIAN OR HEALTH CARE PROFESSIONAL REGARDING ANY QUESTIONS THAT YOU HAVE REGARDING DIAGNOSIS, CURE, OR PREVENTION OF ANY DISEASE OR CONDITION.
FLUIDS iQ DOES NOT GUARANTEE THE EFFECTIVENESS OF ANY SPECIFIC COURSE OF ACTION, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OUR WEBSITE. IF WE PROVIDE YOU WITH RECOMMENDATIONS BASED ON YOUR SELF-REPORTED INFORMATION AND SCIENTIFIC RESEARCH, THIS INFORMATION SHOULD BE SEEN AS INTENDED FOR INFORMATIONAL PURPOSES ONLY OR FOR DISCUSSION WITH YOUR PHYSICIAN OR HEALTH CARE PROFESSIONAL.
By accessing FLUIDS iQ’s Services, you agree to, acknowledge, and represent as follows:
- You confirm that you are above the age of majority in the jurisdiction in which you reside;
- You understand that the information you obtain from FLUIDS iQ is not designed to diagnose, prevent, or treat any conditions;
- You understand that the FLUIDS iQ services are only for research, informational, and educational purposes. FLUIDS iQ does not provide any health or medical treatment or advice;
- You are responsible for all of the consequences resulting from sharing your Self-Reported Information with others.
If you are a patient using the Services:
- You understand that FLUIDS iQ encourages you to seek the advice of your health care professional if you have questions about test results. FLUIDS iQ does not, under any circumstances, consult, interpret, analyze or answer any questions related to test results with patients. The foregoing are offered exclusively to the FLUIDS iQ registered health care professional;
- You acknowledge that you have obtained the express consent from your health care professional to use their FLUIDS iQ code to access the Services. You further acknowledge that if analytical test results are issued to a health care professional in the absence of their express consent to use their FLUIDS iQ code, there will be no claim of responsibility by FLUIDS iQ for the results. Services paid for as a result of unauthorized or fraudulent misuse of a FLUIDS iQ code will not be refunded.
- If you provide a sample for analysis:
- You give permission to FLUIDS iQ, its contractors, successors and assignees to perform analytical testing services on the sample you provide. You also authorize FLUIDS iQ to disclose your analytical test results to you and to other people that you specifically authorize;
- you guarantee that the sample you provide is coming directly from your own body fluid. If you are agreeing to these TOU on behalf of someone else from whom you have legal authorization, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf;
- you confirm that it is your responsibility to send sufficient sample volume for the analytical tests you purchase. Tests will not be refunded if samples are received with insufficient volume required for the analysis. Your further confirm that tests will not be refunded, and FLUIDS iQ will not be liable for any direct or indirect damages arising from negligence, poor sample collection or lack of compliance with the collection instructions included in testing kits, which may affect the quality of results;
If you are a health care professional using the Services:
- You understand, accept and agree to be bound by FLUIDS iQ’s payment terms as outlined in the online registration form;
- you further acknowledge and accept that FLUIDS iQ offers credit card payment transactions as a service to you and that credit cards on file must be kept current. If at any time FLUIDS iQ determines that your card on file has expired or cannot be charged for products purchased or services rendered, we will notify you. Following notification, if your credit card information has not been updated or payment made in a reasonably timely manner, FLUIDS iQ reserves the right to put a hold on or close your account and to pursue any and all remedies available under law to ensure payment for products purchased or services rendered in advance of payment.
You agree that you have the authority, under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations, or breach these TOU in any manner, FLUIDS iQ has the right to terminate your account and refuse the future use of FLUIDS iQ Services, and that you will indemnify and hold harmless FLUIDS iQ and its officers, directors, employees, agents, suppliers, affiliates and third parties against any liability, damages or claims that may arise in case these terms are broken.
USER ACCOUNTS AND SECURITY OBLIGATIONS
In return for your use of the Services, you agree to provide accurate and current Registration Information about yourself as requested by the Services and to maintain and update your Registration Information to keep it accurate and current.
If you provide information that is inaccurate or not current, or if FLUIDS iQ suspects that your Registration Information is inaccurate and not current, FLUIDS iQ has the right to terminate or suspend your account and refuse any current or future use of the Services.
You must create a password for your account. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all of the activities that happen under your password and account. If you allow others to access FLUIDS iQ ’s website through your account and password, you will indemnify FLUIDS iQ, its officers, directors, employees, agents, suppliers, affiliates and third parties against any liability or costs arising from claims by other people, based on the access and use of your account.
You agree to immediately notify FLUIDS iQ of any use of your password or account that has not been authorized and to exit from your account after each session.
FLUIDS iQ EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
You acknowledge that all of the User Content, publicly shown or privately communicated, is the responsibility of the author or poster of the particular User Content. This means that FLUIDS iQ is not responsible for any of the User Content posted, emailed, or uploaded through the FLUIDS iQ website.
You acknowledge that the content from the Services available to you, whether it is original content from FLUIDS iQ’s Services or sponsored Services content, is protected by copyright and intellectual property rights owned by FLUIDS iQ and/or the sponsors who provide the content (or other people or companies on their behalf). FLUIDS iQ does not grant you permission to share any of the content unless explicitly indicated. You may not modify, lease, sell, distribute or create works based on the Services content unless you have been told you can do so by FLUIDS iQ, or by the content owners in a separate written contract or agreement.
USER CONDUCT – UNLAWFUL AND PROHIBITED USE
You guarantee that you will not use the Services for any unlawful or prohibited purposes. You are prohibited from using the Services in any way that could damage or impair the Services, or interfere with someone else’s use of the Services. You cannot try to or obtain any information through any ways that are not made available explicitly through the Services.
Additionally, you specifically agree to not use the Services to:
- upload, post or share any material that is obscene, offensive, or that is discriminatory, based on race, colour, origin, sexual orientation, sex, gender, age or other status;
- impersonate another person, including anyone affiliated to FLUIDS iQ, or misrepresent your affiliation with someone else;
- add your own headers or manipulate identifiers to disguise the origin of any content that is shared through the Services;
- “stalk” or harass someone else;
- upload, post or share any content that you cannot transmit under any law;
- use information that you receive through the Services to try and identify or contact other customers (except when using features designed by the website to contact other users to connect);
- download any files that are shared by other users that you know you cannot legally distribute;
- upload, post or share any content that infringes any patent, trademark, or proprietary rights of FLUIDS iQ and other parties;
- harm minors in any way;
- advertise, buy or sell any goods or services for business purposes, unless FLUIDS iQ provides a portion of the Services specifically designed to allow you to do so;
- upload, post or share any unauthorized advertising, such as “junk mail” or “spam”, except in those areas that are designed explicitly for such purposes and to the extent to which the law authorizes the content;
- upload, post or share any information that contains viruses or any other codes, files or programs used to destroy or limit the functionality of a computer or hardware equipment;
- use software, devices or services to interact with the Services or FLUIDS iQ’s servers, unless explicitly permitted by FLUIDS iQ;
- engage in “framing” or simulating the function of FLUIDS iQ’s website;
- override, or attempt to override, security components in FLUIDS iQ’s web services;
- interfere or disrupt the Services, networks, or users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Services;
- violate the TOU, codes of conducts, or any other applicable guidelines that apply to the area of Services or have been communicated to you by anyone from FLUIDS iQ; or
- violate any municipal, provincial, national or international law, or any regulations within the law.
You acknowledge and accept that you are responsible for, and that FLUIDS iQ has no responsibility to you or someone else for, any violation of your obligations under the TOU and for the consequences that the violations might have, including any damage that FLUIDS iQ might suffer. In case of any agreement violation and of the specific terms in this section, FLUIDS iQ has the right to suspend or terminate your account and refuse any future Services use and you will indemnify FLUIDS iQ its officers, directors, employees, agents, suppliers, affiliates and third parties against any costs or damages that might arise from the violations.
INFORMATION POSTED THROUGH THE SERVICES
FLUIDS iQ will not control any of the User Content that is posted through the Services and FLUIDS iQ does not guarantee the accuracy or quality of the any User Content or other outside content not provided by FLUIDS iQ. You acknowledge that using the Services may expose you to offensive and indecent content. Under no circumstance can FLUIDS iQ be held responsible for any outside content, including errors in such content, loss, or damage as a result of the content posted or shared through the Services
You understand that FLUIDS iQ has the right, but not the obligation, to review, modify, pre-screen or refuse any content that is available through the Services. FLUIDS iQ and its designees have the right to remove any content that is violating the TOU at FLUIDS iQ’s sole discretion. You agree to evaluate and understand all of the risks associated with content use, including accuracy or usefulness of the content.
YOUR PROPERTY RIGHTS OVER MATERIAL YOU PROVIDE TO FLUIDS iQ
- FLUIDS iQ does not claim ownership of any User Content that you create and share with FLUIDS iQ. Unless otherwise stated, you retain copyright and other rights already possessed by you over User Content that you create and share on or through the Services. However, by creating and sharing User Content, you give FLUIDS iQ an irrevocable license to reproduce, adapt, modify, publish, and distribute derivative works from any User Content created and shared by you through the Services. You understand and accept that this license gives FLUIDS iQ the right to make the User Content available to other companies, organizations or individuals that have relationships with FLUIDS iQ, and use the User Content in connection with these services.
- You acknowledge that while performing required technical steps to provide Services to users, FLUIDS iQ may (a) distribute your User Content over several public networks and media; and (b) make necessary changes to your content that are necessary to conform and adapt to the requirements of networks, services or media. You understand and accept that this license can permit FLUIDS iQ to take these actions. You give this right and power to FLUIDS iQ in order to grant the license stated here.
- You acknowledge that FLUIDS iQ cannot control the distribution of Self-Reported Information shared publicly on the FLUIDS iQ website. If you share any such information, you may cease to have control over the further dissemination of the information;you acknowledge that you should not expect any type of financial benefit from FLUIDS iQ for having your Self-Reported Information processed or shared with research partners, including commercial partners;
Waiver of Property Rights:
- You acknowledge that by providing any sample to FLUIDS iQ, having it analyzed, or sharing Self-Reported information, you have NO RIGHTS WHATSOEVER IN ANY PRODUCTS THAT MIGHT BE DEVELOPED BY FLUIDS iQ OR ANY THIRD PARTY. You acknowledge that you will not receive any compensation for research or commercial products that result from your Self-Reported Information.
You agree to defend and hold harmless FLUIDS iQ and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any claims, including attorney’s fees, made by any third party from the User Content submitted or shared through the Service, your Service use, your Service connection, your TOU violations, or any other rights violation(s).
You further agree that you will indemnify and hold harmless FLUIDS iQ and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from, or attributable to, your violation of any portion of these TOU.
Additionally, if you provide your Self-Reported Information to third parties, you agree to indemnify FLUIDS iQ and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any liability resulting from such disclosure of your Self-Reported Information.
NO RESALE OF SERVICE
Other than pursuant to the terms of this TOU or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Services, the use of the Services or access to the Services for any commercial purposes.
DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCES
Your correspondence or business dealings through promotions, vendors, and other resources found through the FLUIDS iQ Services – including payment and shipping of goods and services and any other terms and conditions associated with such dealings – are exclusively between you and such providers. You agree that FLUIDS iQ cannot be held responsible or liable for any loss or damage resulting from these dealings, or as a result of this information provided on the Services.
THIRD PARTY WEBSITES AND LINKS
The FLUIDS iQ Services provide, and other third parties can also provide, links to other websites and scientific resources on the Internet. FLUIDS iQ has no control over these websites and resources. Therefore, you understand and accept that FLUIDS iQ cannot be held responsible or liable for any damage or loss caused by or in connection to the use of this content that might be available through the hyperlinks.
FLUIDS iQ’S PROPRIETARY RIGHTS
You understand and agree that FLUIDS iQ owns all the legal rights and interests to the Services, including intellectual property rights (including patents) that subsist in the Services. You also understand that the Services can contain information deemed as confidential by FLUIDS iQ and you cannot disclose this information without FLUIDS iQ’s permission and written consent.
Additionally, you agree that the Services, and any other software used for the Services, contain information that is both confidential and proprietary and is protected by intellectual property laws. You also acknowledge that the information provided to you through our Services is protected by copyrights, trademarks, patents and other proprietary laws.
Except as authorized by FLUIDS iQ, you accept to not modify, sell, distribute, or create derivative works of any information found on the Services. All of the software that can be downloaded through the Services is copyrighted.
FLUIDS iQ Inc., as well as FLUIDS iQ logos, products and service names are FLUIDS iQ trademarks and these trademarks, along with any other FLUIDS iQ trade names, logos and brand features are “FLUIDS iQ Marks.” Unless you have agreed otherwise by written consent with FLUIDS iQ, nothing in the TOU gives you the right to use FLUIDS iQ Marks and you agree not to display or use the FLUIDS iQ Marks in any way.
You accept that you cannot and will not remove, obscure or alter any proprietary rights notices, including copyright and trade mark notices, that might be contained within the Services.
Unless you have been authorized through writing by FLUIDS iQ, you agree not to use any trademarks, trade names or logos of any company or organization through the Services in a way that is intended to cause confusion about such marks, names and logos.
Any rights that are not granted here are reserved.
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLUIDS iQ EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES.
FLUIDS iQ MAKES NO WARRANTY THAT:
- THE SERVICES WILL MEET YOUR REQUIREMENTS;
- THE SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE;
- THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE;
- THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS; AND
IN ADDITION FLUIDS IQ STATES THAT:
- ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULT FROM DATA DOWNLOAD.
- NO ADVICE (ORAL OR WRITTEN) OBTAINED FROM FLUIDS iQ OR THROUGH THE SERVICES SHOULD CREATE A WARRANTY THAT IS NOT EXPLICITLY EXPRESSED IN THE TOU.
- YOU SHOULD ALWAYS BE CAUTIOUS WHEN GIVING ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. FLUIDS iQ DOES NOT CONTROL THIRD PARTIES TO WHOM YOU MAY DISCLOSE YOUR INFORMATION THROUGH THE USE OF THE SERVICES. FLUIDS iQ DISCLAIMS ANY LIABILITY ASSOCIATED WITH ANY ACTIONS THAT RESULT FROM YOUR PARTICIPATION IN THE SERVICES.
WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT FLUIDS iQ SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF FLUIDS iQ HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM:
- THE USE OR INABILITY TO USE THE SERVICES;
- ANY ACTION TAKEN BASED ON INFORMATION RECEIVED FROM THE SERVICES OR THROUGH THEM;
- YOUR FAILURE TO KEEP YOUR ACCOUNT AND PASSWORDS CONFIDENTIAL AND SECURE;
- THE COST OF PROCUREMENT RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES BOUGHT OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FORM OUR SERVICES;
- PROHIBITED ACCESS TO DATA OR ALTERATION OF YOUR DATA TRANSMISSIONS;
- IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING TO HAVE REQUISITE AUTHORITY; OR
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
- ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES.
FLUIDS IQ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED CDN $1000. YOU AGREE THAT REGARDLESS OF ANY LAW THAT STATES THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION FROM OR RELATED TO THE SERVICES USE OR THE TOU MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE GIVING RISE TO SUCH ACTION.
The TOU will apply until FLUIDS iQ or you terminate your obligations as described in this Section.
If you wish to terminate your legal agreement with FLUIDS iQ, you can do so by providing a written notice to FLUIDS iQ, as well as closing your accounts from all of the Services that were provided to you. Your notice should be written and sent to FLUIDS iQ’s address included herein, or online or via email to FLUIDS iQ. If you send the notice online or via email, FLUIDS iQ will send you an email to confirm this notice and it will be effective after receiving a second email confirmation from you.
FLUIDS iQ can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
- You violate any provision of the TOU or act in a way that shows you cannot comply with the provisions of the TOU;
- FLUIDS iQ is required to do so by law;
- one of FLUIDS iQ’s partners that is used in offering the Services, terminates its relationships with FLUIDS iQ or stops offering the Services to you;
- FLUIIDS iQ no longer plans to provide Services to users in your country of residence or where you use the Services; or
- the Services provided to you by FLUIDS iQ is, in FLUIDS iQ’s opinion, no longer commercially viable.
Any suspected illegal activity can be grounds for terminating your use of the Services and can be referred to the appropriate law enforcement authorities. You understand that FLUIDS iQ will not be liable to you or any third party for terminating Services use.
A termination of the TOU or a user account will not affect any existing obligations of the user to FLUIDS iQ, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
Notice: Notices can be provided to you through email or regular mail. FLUIDS iQ might also give notices of changes to its TOU or other matters by sending notices, or links to notices, to you or through the Services. Official notices relating to this TOU must be sent to:
FLUIDS iQ® Inc.
340 March Rd #400
Any notices that you provide without compliance with what is seen in this section will have no legal effect.
Applicable Law and Arbitration: Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with FLUIDS iQ arising from the TOU (“Disputes”) will be governed by the laws of Ontario regardless of your country of origin or where you access FLUIDS iQ. Any Disputes shall be resolved by arbitration in accordance with the Commercial Arbitration Act (Ontario), and shall be held in Ottawa, Ontario, in English, with written reasons from the arbitrator at either party’s request, and with arbitration costs and solicitor fees of both parties to be borne by the party that loses. Either party can obtain injunctive relief, orders to compel arbitration, or orders to enforce arbitral awards in any court of competent jurisdiction.
No Waiver: Failure of FLUIDS iQ to enforce any right or provision of the TOU should not constitute a waiver of such right or provision. If any TOU provision is found by a court of competent jurisdiction to be invalid, the parties will agree that the court should endeavor to give effect to the party’s intentions as they are reflected in the provision, and the other TOU provisions shall remain in full force and effect.
Admissibility of Printed Versions: A printed version of this agreement and any electronic notice shall be admissible in judicial or administrative proceedings to the same extent as similar conditions in other documents that are originated and maintained in printed form.
Severability: If any TOU portion is found to be null, void, voidable or unenforceable, the portion that remains is in full force and effect.
Amendments: We hold the right to modify or replace the TOU, which are effective as they are posted on our website, or as notified otherwise.
Assignment: You shall not assign any rights or obligations under this TOU. Any assignment and delegation shall be deemed ineffective. We can assign or delegate all rights and obligations under the TOU without notice to you. We can also substitute (upon notice to you) FLUIDS iQ for any third party that will assume our rights and obligations under this TOU.
Entire Agreement: The TOU represents the entire agreement between you and FLUIDS iQ. It governs your use of the Services and replaces any prior agreements made between you and FLUIDS iQ on this matter. You can also be subject to additional terms and conditions that may apply when you use the Services, content or software.