Headaches.com Terms & Conditions
BY USING THIS WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS WEBSITE.
1. GENERAL
Headaches.com is owned and operated by CEFALY Technology SPRL (RUE LOUIS PLESCIA, 34-4102 SERAING, BCE n°870.578.661, hereafter referred to as “CEFALY”). Unless otherwise provided, this website is provided “as is” and “as available”, although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies.
In some jurisdictions, including the province of Quebec, consumer protection legislation does not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below might not apply to you.
Headaches.com provides information and services on the Internet as a service to the general public for general educational purposes. Information posted on Headaches.com should not be considered medical advice and is not intended to replace consultation or discussion with a qualified healthcare professional. It is very important that individuals with specific medical problems or questions consult with their doctor or other health care professional. CEFALY does not answer specific medical questions or offer referral to a particular healthcare professional.
CEFALY makes no representations or warranties of any kind, express or implied, as to the content included on or otherwise made available to you through this website, unless otherwise specified in writing. You expressly agree that your use of the website is at your own risk and that your sole remedy is to cease using Headaches.com.
CEFALY assumes no responsibility for misdirected, stolen or otherwise compromised computer transmissions, hardware or software failures, or other technical malfunctions and assumes no responsibility for any viruses, worms or other potentially damaging programs or files affecting your computer equipment on account of your access to or use of this website. In no event will CEFALY or any of its directors, employees, agents or representatives be liable for any loss or damages of any kind relating to your use of this website or any website linked to it including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You agree to defend, indemnify and hold CEFALY, its employees, directors, agents and representatives harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of these terms and conditions by you or in connection with your use of this website.
2. INTELLECTUAL PROPERTY RIGHTS
All content included on or made available through this website including without limitation all text, logos, images or other graphics, audio clips, code and software and presentation of such content is the property of CEFALY or its content suppliers and is protected by Canadian and international intellectual property law including, without restriction, patent, trademark, copyright, and trade secret laws.
3. USE OF SITE
You are permitted to view and download the materials on this website for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. Unless authorized in writing by CEFALY, you may not modify the materials in any way or reproduce or publicly display, perform, or distribute, copy, transmit, publish, license, create derivative works from, transfer or sell or otherwise use them for any public or commercial purpose. The materials on this website are copyrighted and any unauthorized use of any materials may violate copyright, trademark, and other laws. If you breach any of these terms and conditions, your authorization to access and use this website automatically terminates and you must immediately destroy any downloaded or printed materials.
4. LINKS TO THIRD PARTY WEBSITES
This website may contain links to other websites which are provided solely as a convenience to you. If you use these links, you will leave this website. CEFALY has not reviewed all of these third party websites and has no control over and is not responsible for any of these websites or their content. CEFALY does not endorse or make any representations about any such websites, or any information found therein, or any results that may be obtained from using them and expressly disclaims any liability relating to your use of those websites.
5. CONFIDENTIALITY AND PROCESSING OF PERSONAL INFORMATION
CEFALY will collect, use, and disclose your personal information only in accordance with the Headaches.com privacy notice and applicable Canadian privacy laws.
8. APPLICABLE LAW AND COMPETENT JURISDICTION
This agreement shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario, or the laws of the Province of Quebec for Quebec residents, and the laws of Canada applicable therein. Both parties attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario, or the course of the Province of Quebec for Quebec residents.
9. MISCELLANEOUS
These terms and conditions constitute the entire agreement between the parties relating to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties with respect to such subject matter and may not be amended without the prior written approval of CEFALY.
To the extent permitted by law, the invalidity or illegality of a clause will not affect the validity of the other clauses of these terms and conditions. These terms and conditions will inure to the benefit of, and be binding upon, the respective successors and assigns of the parties.
CEFALY may modify these terms and conditions from time to time, for any reason and without notice, by posting revised terms and conditions on this website. Please review these terms and conditions periodically so you are aware of any changes. If you continue to use this website after the revised terms and conditions are posted, you will be deemed to have agreed with them.
Headaches.com contains links to other websites, which are provided solely as a convenience to you. If you use these links, you will leave this website. CEFALY Technology has not reviewed all of these third party websites and has no control over and is not responsible for any of these websites or their content. CEFALY Technology does not endorse or make any representations about any such websites, or any information found therein, or any results that may be obtained from using them and expressly disclaims any liability relating to your use of those websites.
Headaches.com sometimes provides information of interest to the general public from third-party sources, including news services, press releases and the federal government. CEFALY Technology is not responsible for any errors or omissions in any materials obtained through third-party sources and assumes no liability for any risk assumed by readers of such information.