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TERMS OF USE AGREEMENT

Updated: October 4, 2011

Welcome to www.nhpcanada.org (the “NHPCA Website”). By accessing and using the NHPCA Website, you are agreeing to comply with and be bound by this Terms of Use Agreement (the “Agreement). Please read the following Agreement carefully. The term “NHPCA” or “us” or “we” or “our” refers to the Natural Health Practitioners of Canada Association, the owner and operator of the NHPCA Website. The term “you” refers to the user or viewer of the NHPCA Website.

ACCEPTANCE

By using the NHPCA Website and the services offered through it, you agree to be bound by these terms and conditions of use and all related policies, conditions, and guidelines. This Agreement is the entire and only agreement between us and you with respect to the use of the NHPCA Website, and supersedes all prior or other agreements, representations, warranties and understandings with respect to the NHPCA Website, the content, products or services provided by or through the NHPCA Website and its content. If you do not agree with any of these terms of this Agreement, you may not use the NHPCA Website. NHPCA reserves the right to amend, change or replace the Agreement at any time without notice and you agree that each visit you make to the NHPCA Website shall be subject to the current terms of use and conditions then in force and it is your responsibility to review the Agreement posted on the NHPCA Website for any modifications or updates. Your continued access and use of the NHPCA Website will confirm your acceptance to be bound by any such amendments or changes to the Agreement. By using the NHPCA Website you represent and warrant that you have legal capacity to be bound by the terms of this Agreement.

ELECTRONIC COMMUNICATIONS

When you access and use the NHPCA Website or send us an e-mail, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by email or by posting a notice on the NHPCA Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

PERMITTED USE

As a NHPCA Website user you may view, copy, print, use and distribute (collectively, "use") documents generated by the NHPCA Website provided that you comply with the provisions of this Agreement and provided that these documents are used solely in connection with your relationship with NHPCA.

The documents generated by the NHPCA Website (including the NHPCA Sales Agreement) are protected under the copyright laws of Canada and/or other countries. You agree to ensure that any copyright, trademark, trade names, logos and service marks ("Marks") along with any other proprietary rights, notices and disclaimers appearing on these documents are reproduced and retained on all copies in the same form and manner as on the original. You are not permitted to use the Marks in any manner whatsoever without the prior written consent of NHPCA.

RESTRICTIONS AND PROHIBITED USES

You agree that you will not use the NHPCA Website for any improper, fraudulent, illegal or malicious purpose, including, without limitation, to impair use of the NHPCA Website by others.

You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the NHPCA Website. You also agree not to use the NHPCA Website to create, develop or otherwise generate any derivative works or any functionally compatible or competing software or hardware.

You may not upload or post any material on the NHPC Website that is protected by copyright, trademark or other intellectual property rights unless you are the owner of those rights, or have the prior written consent of the owner(s) of those rights to use such material. You may not post any material that is derogatory, critical or defamatory of any other party. NHPC may, without prior notice to you and in its sole discretion, remove any material from its website that violates these terms, or any material that NHPC otherwise considers inappropriate for display on its website. If after notice of posting inappropriate or non-permitted material, you repeat such actions, NHPC may terminate your access to the website without notice to you. In the event of such action, you are not entitled to a refund for any fee, or any other form of compensation.

COPYRIGHT

All content including, without limitation all Marks, text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of the NHPCA Website, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to NHPCA. All such rights are expressly reserved.

TRADEMARKS

Any Marks on the NHPCA Website may be trademarks or trade names or registered trademarks or trade names of NHPCA or its affiliates, in Canada and other countries. NHPCA’s Marks shall not be used in connection with any product or service that is not NHPCA’s or its affiliates’ in any manner. All other trademarks and trade names not owned by NHPCA or its affiliates that appear on the NHPCA Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NHPCA or its affiliates.

HYPERLINKS

The NHPCA Website may contain links to third party websites. These links have been provided solely as a convenience for and do not constitute an endorsement by NHPCA of the content of such third party sites. Links to the NHPCA Website may also be provided from sites either known or unknown to NHPCA. Access to any other web site linked to or from the NHPCA Website is at your own risk. NHPCA has not reviewed and is not responsible for the content of any third party sites linked to or from the NHPCA Website and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

THE NHPCA WEBSITE IS PROVIDED BY NHPCA ON AN “AS IS" AND "AS AVAILABLE" BASIS. NHPCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NHPCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NHPCA DOES NOT WARRANT THAT THE NHPCA WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE NHPCA OR THE NHPCA WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NHPCA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE NHPCA WEBSITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NOTICES

Any notice required to be given to NHPCA under this Agreement shall be given at the address below or at such other existing municipal address as NHPCA may provide to you in writing or by sending such notice by means of facsimile or e-mail:

Natural Health Practitioners of Canada Association

Address: 6th Floor, 10339 124 Street
Edmonton, Alberta T5N 3W1
 
Attention: Claire Ashton, Communications Manager
 
Phone: 1-888-711-7701
Fax No.: 1-780-484-3605
 
Email: growingtogether@nhpcanada.org

Any such notice shall be deemed to have been received by NHPCA immediately upon delivery at its address set out above, five business days after mailing such notice or on the business day following the day of sending a facsimile or e-mail message. Receipt of any facsimile messages shall be confirmed by telephone by the forwarding party.

PRIVACY

When you visit the NHPCA Website you may provide us with both personal information that you choose to disclose which is collected on an individual basis and website use information that is collected as you or others browse on the NHPCA Website. You agree to NHPCA’s collection, use, disclosure and retention of your personal information in accordance with the terms of this Agreement. In particular, with respect to personal information, you will provide us with information about yourself, your firm or company when you purchase items or services from the NHPCA Website. This information can include such personally identifiable information as name, company name, address, phone number and email address.

If you choose to correspond with NHPCA through email, we may retain the content of your email message(s) to us, along with our responses to you. The NHPCA Website utilizes a standard technology called "cookies" and web server logs to collect information about how our website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent on the NHPCA Website, and the websites visited just before and just after our website. We, our advertisers and ad serving companies may also use small pieces of code called "web beacons" or "clear GIF’s" to determine which advertisements and promotions users have seen and how users responded to them. Personally identifiable information is not stored in these cookies, web beacons or clear GIF’s. We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our site in the aggregate, for usage and volume purposes, to help us better understand the needs of our visitors.

We use the personal information you provide for the purposes of administering our business activities, providing customer service and making available our products and services to our customers and prospective customers. We may retain your personal information for administrative, reporting and analytical purposes. We will not share or sell your information unless you consent to such information sharing. If you purchase any products or services from the NHPCA Website, you can expect to receive a welcome e-mail and/or an order confirmation e-mail. NHPCA may enter into other business arrangements with third parties who will be given access to personal information (including, but not limited to, your email address) for the purpose of providing you information regarding products and services that we think will be of interest to you but we will not share or sell your information unless you consent to such information sharing.

We use third parties to perform credit card processing and e-mail services on the NHPCA Website. When you purchase a product or service from us, our credit card processing vendor will facilitate the transaction. An e-mail service provider will provide our e-mail services. We will share billing and e-mail information, as necessary, with the third party to provide that service.

These third parties are prohibited from using your personally identifiable information for any other purpose, including their own marketing purposes.

The security of your personal information is important to us. When you enter sensitive information, such as credit card data, we encrypt that information using secure socket layer (SSL) 256-bit encryption technology. Pages with forms that collect sensitive information on our Web site will utilize this technology and will have URL’s that start with HTTPS instead of HTTP.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet and no method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

E-mail is not recognized as a secure medium of communication. For this reason, we request that you do not send private or sensitive information to us by e-mail. If you have any questions about security on our Web site, please contact us.

You can view and update your registration information online on our customer service page. You may also request access to all of your personally identifiable information that we collect and maintain in our database by contacting us.

We may disclose your personal information if required to do so by law or court order, or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or any affiliated parties; (b) protect and defend our rights and property, our website, the users of our website and/or our affiliated parties; or (c) act under circumstances to protect the safety of users of our website, ourselves or third parties.

Please remember that, when you use a link to go from the NHPCA Website to another website, the privacy provisions of this Agreement are no longer in effect with respect to any personal information that may be disclosed on such third party websites. Your activities and interaction on any other website, including websites that have a link on the NHPCA Website, is subject to that website's own rules and policies. Please review those privacy rules and policies before proceeding.

If we make material changes to the privacy provisions of this Agreement, we will post those changes on the NHPCA Website to keep you informed of what information we collect, how we use it and under what circumstances we may disclose it.

GOVERNING LAW & JURISDICTION

By accessing and using the NHPCA Website, you agree that the laws of the Province of Alberta, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between you and NHPCA or its affiliates. The parties have required that this Agreement and all documents relating thereto be drawn up in English.

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Address

Natural Health Practitioners of Canada Association
6th Floor, 10339 124 ST NW, Edmonton, AB, Canada T5N 3W1
Tel: 780-484-2010 Toll Free: 1-888-711-7701 Fax: 780-484-3605