Introduction

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the ResearchAlly mobile application (the “Service”) that is operated by ResearchAlly (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Consult Your Doctor Before Use

The Services and Content are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor before using the Services, engaging in an exercise program, or changing your lifestyle. If you experience a medical emergency, stop using the Services and consult with a medical professional. We are not responsible for any health problems that may result from the lifestyle choices, exercise activity, consultations, products, or events you learn about through the Services. If you engage in any exercise activity you learn about through the Services, you agree that you do so at your own risk, that you are voluntarily participating in these activities, and that you have consulted your doctor prior to initiating such activity.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing support@researchally.ca.

You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Read Our Privacy Policy

ResearchAlly respects your privacy and will only handle your personal information in accordance with our Privacy Policy, which can be found at researchally.ca/privacy. The Privacy Policy describes how we collect, use, and share information from our users. By using or accessing the Services, you agree that we can use and collect your information in accordance with that Privacy Policy.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

ResearchAlly has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of ResearchAlly or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

Minors Under 18 and Legal Guardian Consent

The App is intended for use by individuals who are 18 years of age or older. If you are under the age of 18, you may use the App only with the involvement and consent of a parent or legal guardian. By using the App, you affirm that you are at least 18 years old or that you have obtained the express consent of your parent or legal guardian. We do not knowingly collect personal information from individuals under 18 without parental or legal guardian consent. If we become aware that a user is under the age of 18 and has not obtained the necessary consent, we will take steps to remove their information and terminate their account.

If you are a parent or legal guardian and you are aware that your child has provided personal information without your consent, please contact us immediately at support@researchally.ca. We will take steps to remove the information and terminate the account as soon as possible.

By allowing your minor child to use the App, you acknowledge and agree to be bound by these terms on behalf of your minor child. It is your responsibility to monitor and supervise your child’s use of the App.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ResearchAlly and its licensors. The Service is protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ResearchAlly.

Links To Other Web Sites

Our Service may contain links to third party sitesor services (External References) that are not owned or controlled by ResearchAlly.

ResearchAlly has no control over, and assumes no responsibility for the content, privacy policies, or practices of any External References. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ResearchAlly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such External References.

We strongly advise you to read the terms and conditions and privacy policies of any External References that you visit.

While we strive to provide reliable and accurate information, the content of any included External References is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information obtained from External References or the ResearchAlly App.

We do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information found in External References. Reliance on any information provided by External References is solely at your own discretion and risk.

If you have a medical emergency, call your doctor or 911 immediately. The App is not intended to provide medical advice, and its use should not be considered a substitute for professional medical care.

By using the App, you acknowledge and agree that any reliance on External References is at your own risk, and you should consult a qualified medical professional for specific health concerns.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless ResearchAlly and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall  ResearchAlly, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

ResearchAlly its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Alberta, Canada without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any added terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the added terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@researchally.ca