1. User’s Acknowledgment and Acceptance of Terms
Brock Health Administration Ltd. (“Brock Health”, “Us” or “We”) provides the BrockHealth.ca website and various related services, (collectively, the “Site”) to you, (the “User”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, specifically, but not limited to the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
By using this Site, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, please exit the Site now. Your remedy for dissatisfaction with this Site, or any products, services, content or other information available on or through this Site is to stop using the Site and/ or those particular products or services specifically, but not limited to the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan. Your agreement with Brock Health regarding compliance with these Terms of Service becomes effective immediately upon commencement of your use of this Site.
These Terms of Service are effective as of October 1, 2006. Brock Health expressly reserves the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
As used in these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
2. Description of Services
Brock Health makes various services available on this Site including, but not limited to, registration into a Brock Health Private Health Services Plan (PHSP), and other like services, specifically, but not limited to the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
Brock Health reserves the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. Brock Health will not be liable to you or any third party should Brock Health exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Service.
3. Registration Data and Privacy
In order to access some of the services on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required ensuring it is current, complete, and accurate. This Registration Data includes specifically, but is not limited to data required for the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan.
4. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including specifically, but not limited to those individuals eligible for the receipt of health and dental coverage as the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan, or any employees, representatives or Affiliates of Brock Health
Brock Health neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Site. Brock Health generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, Brock Health and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. Brock Health is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Brock Health arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that Brock Health may at any time, and at its sole discretion, terminate your membership, account, or other affiliation with the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that Brock Health will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This Site may link you to other Sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These Sites may contain information or material that some people may find inappropriate or offensive. These other Sites and parties are not under the control of Brock Health, and you acknowledge that Brock Health is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Sites, nor is Brock Health responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience provided by Brock Health specifically, for the enhancement of the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan. It does not imply endorsement of, or association with, the Site or party by Brock Health, or any warranty of any kind, either expressed or implied.
6. Intellectual Property Information
Copyright (c) January 1, 2017 Brock Health Administration Ltd. All Rights Reserved.
For purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes message boards, chat, and other original content, and specifically, but not limited to, information useful to or necessary for the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan.
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Brock Health Administration Ltd. and/ or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither Brock Health or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Brock Health Administration Ltd. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any such trademark, service mark, logo, and/or the name of Brock Health Administration Ltd. or its Affiliates.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless Brock Health has mutually agreed in writing to the contrary. Brock Health is also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
Brock Health respects the intellectual property of others, and Brock Health asks you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Keith Peden, Vice President, Marketing
Address: 239 Midpark Way SE Suite 210 Calgary, Alberta, T2X 1M2
Toll Free Phone: 1-866-959-7483
Toll Free FAX: 1-866-492-9486
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, Brock Health may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
All materials and services on this Site, specifically, but not limited to information regarding the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan, are provided on an “As Is” and “As Advisable” and “As Available” basis without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Brock Health makes no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Site from Brock Health, or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This site could include technical or other mistakes, inaccuracies or typographical errors. Brock Health may make changes to the materials and services at this Site, including the prices and descriptions of any products listed herein, at any time, without notice. The materials or services at this site may be out of date, and Brock Health makes no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. Brock Health makes no warranty regarding any transactions executed through, or in connection with this Site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials or information available on or through this Site from a third party is provided solely by such third party, and not by Brock Health or any other of our affiliates.
Content available through this Site often represents the opinions and judgments of an information provider, Site User, or other person or entity not connected with Brock Health. Brock Health does not endorse, nor is Brock Health responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of Brock Health. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that Brock Health has no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond the control of Brock Health.
You understand and agree that the services available on this Site are provided “AS IS” and that Brock Health assumes no responsibility for the timeliness, deletion, misdirected delivery or failure to store any User communications or personalization settings.
Some provinces or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
9. Limitation of Liability
In no event shall Brock Health or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those damages resulting from loss of use, data or profits, whether or not Brock Health had been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Site or of any website referenced or linked to or from this Site.
Further, Brock Health shall not be liable in any way for third party goods and services offered through this Site or for assistance in conducting commercial transactions through this Site, including without limitation the processing or provision of health and dental coverage to your employees, under your health and dental plan offered as your employee health benefit plan.
Some provinces or jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.
Upon a request by Brock Health, you agree to defend, indemnify, and hold Brock Health and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, arising from your use or misuse of this Site. Brock Health reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brock Health in asserting any available defences.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and Brock Health reserves the right to immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. Brock Health assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
Brock Health may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our Site, either directly or through a third-party provider. Brock Health may make available separate supplemental agreements characterizing the relationship between you and Brock Health that, except where expressly noted or contradictory, includes these Terms of Service.
Brock Health may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that Brock Health deems inconsistent with our business purposes. However, such devices or techniques are not perfect, and Brock Health will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, Brock Health may employ automated devices that delete or block email messages that exceed the limit. Brock Health will not be responsible for such deleted or blocked messages.
14. International Use
Although this Site may be accessible worldwide, Brock Health makes no representation that materials on this Site are appropriate or available for use in locations outside of Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
15. Termination of Use
You agree that Brock Health may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. This termination may include specifically, but may not be limited to, the provision of health and dental coverage to the employees of the User, under the User’s health and dental plan offered as an employee health benefit plan.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that Brock Health may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. Brock Health shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within the Alberta, Canada. It can be accessed from all Canadian provinces and territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Alberta, Canada, by accessing this Site both of us agree that the statutes and laws of the province of Alberta, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the province of Alberta, with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional postal mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at Brock Health Administration Ltd., 239 Midpark Way, Suite 210, Calgary, Alberta T2X 1M2 if by conventional mail. Notices to you will be sent to the address supplied by you as part of your registration data. In addition, Brock Health may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supercedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. Brock Health may free assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, duplicate, copy, reproduce or use for any commercial purposes any portion of this Site, for use of or access to this Site.
In addition to any excuse provided by applicable law, Brock Health shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.