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Parties

Mozzaz Corporation, a Delaware corporation, together with its parent corporation and subsidiaries (collectively, “Mozzaz”, “we”, “our” or “us”), provide solutions for behavioural health services using software, web, mobile and other computing platforms and technologies (“Mozzaz Software”), directly and through a global multi-tiered distribution channel of partners, resellers, suppliers and other entities that have obtained from Mozzaz, whether through a purchase of the Mozzaz Software, a license of the Mozzaz Software, or otherwise, the right to provide the Mozzaz Software or the benefits thereof to end users (each a “Mozzaz Partner” and collectively, the “Mozzaz Partners”).

These terms of service (“Terms”) set forth the terms and conditions that apply to your use of Mozzaz Software, with access being provided directly by Mozzaz or through Mozzaz Partners (collectively, the “Services”).  These Terms are also available at www.mozzaz.com/terms-of-use/ and may be found and displayed in applications comprising the Mozzaz Software.

You” includes you as an individual identifiable user and any other person who you have permitted to have access to and use of our Services (including but not limited to any family member, relative, healthcare professional or other, as applicable).

Your Use of Mozzaz

By downloading, accessing and / or using the Services, you agree that your use of the Services is governed by these Terms and the Mozzaz privacy policy available here (the “Privacy Policy”).  If you do not agree to the Terms, you may not use the Services.  The Terms are subject to changes determined advisable by Mozzaz from time to time and all such changes will be posted on the Site from time to time.  Any such changes become binding on all users and form part of the Terms as of the effective times specified in such notifications.

Age of User

The Services are intended for use only by individuals who are at least thirteen (13) years of age and who are mentally, legally, or otherwise able to provide consent to these Terms. If you are not the age of majority in your jurisdiction (the “Age of Majority”) or are mentally, legally, or otherwise unable to provide consent to these Terms (an “Ineligible User”), you are not authorized to use the Services without the permission and supervision of your parent, supervisor, or legal guardian who has the authority to enter into contracts on your behalf (a “Representative”). If you are an Ineligible User, you warrant that you have the express permission of your Representative to use the Services. If you are a Representative and have authorized an Ineligible User to use the Services, you agree that you are personally responsible for the online conduct of such Ineligible User, ensuring compliance with these Terms, and the consequences of misuse of the Services by the Ineligible User and that you are agreeing to these Terms in such capacity.

Rights to Access the Service

If you are an end user who has been provided with rights of access or has been referred to the Services by a Mozzaz Partner, you agree that, prior to using the Services, you will comply with any and all instructions provided to you by the Mozzaz Partner with respect to your use of the Services, including, but not limited to, entering into any agreements regarding the use of the Services that the Mozzaz Partner may provide to you, whether through the Services or otherwise. For greater certainty, in the event that such Mozzaz Partner has provided to you, whether through the Services or otherwise, an end user license agreement, privacy policy, and/or other terms and conditions relating to your use of the Services in connection with such Mozzaz Partner (the “Mozzaz Partner User Agreements”), you shall execute and deliver to the Mozzaz Partner such Mozzaz Partner User Agreements prior to using the Services for any other purpose. In the event that you do not execute and return to the Mozzaz Partner the applicable Mozzaz Partner User Agreements, you shall not be entitled to use the Services. You agree and acknowledge that Mozzaz shall not be responsible for enforcing or complying with the terms of the Mozzaz Partner User Agreements.

If you are an employee, contractor, or agent of a Mozzaz Partner or an affiliate of a Mozzaz Partner authorized to use the Services (each a “Partner Representative”) under an agreement between such Mozzaz Partner and Mozzaz (a “Partner Agreement”), and you are using the Services in such capacity, these Terms do not apply to you to the extent they conflict with such Partner Agreement. However, your use of the Services is governed by the terms of (i) the Partner Agreement relating to the use of the Services; and (ii) the employment, consulting or other agreements between you and such Mozzaz Partner relating to your performance of your duties with such Mozzaz Partner and authorizing the use of the Services. If you are a Mozzaz Partner or a Partner Representative, you agree that you will provide to any end user using the Services in connection with its relationship with you any applicable Mozzaz Partner User Agreements and further agree that Mozzaz shall in no way be responsible for ensuring that such end user actually enters into such Mozzaz Partner User Agreements, nor shall Mozzaz be responsible for enforcing or complying with the terms of any Mozzaz Partner User Agreements.

If you are a Mozzaz Partner or Partner Representative, and are providing the benefit of the Services to a third-party without such third-party having acknowledged and agreed to these Terms and the Privacy Policy (each a “Non-Attorning Third Party”), you acknowledge and agree that (i) Mozzaz has no relationship with nor duty to such Non-Attorning Third Party, legal or otherwise; (ii) you are solely responsible for the use of Services by the Non-Attorning Party; (iii) and Mozzaz shall have no liability whatsoever with respect to such Non-Attorning Third Party’s use of the Services; and you shall advise the Non-Attorning Party of the foregoing.

Connectivity

You agree that you are responsible for obtaining and maintaining all communications, connectivity, computing and other equipment needed for access to and use of the Services and for all charges related thereto. We shall not be liable for any damages to any user’s devices, or for any charges incurred to third parties, relating to or resulting from the use of the Services.

Links

The Services may provide, or third parties may provide, links to other World Wide Websites or resources. Because Mozzaz has no control over such sites and resources, you acknowledge and agree that Mozzaz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mozzaz 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 or goods or Services available on or through any such site or resource.

Release, Limitation of Liability, and Indemnity

You hereby expressly and irrevocably release and forever discharge Mozzaz, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns (the “Released Parties”) of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have (“Claims”), for or by reason of, or arising directly or indirectly out of your use of the Services, the use of the Services by a Mozzaz Partner through which you are provided the benefit of the Services, a Mozzaz Partner Agreement, or otherwise in relation to these Terms or the Services, including, but not limited to, (i) unauthorized access to or use of the Services by a third party; (ii) unauthorized access to or use of any data transmitted by you using the Services by a third party, including, but not limited to, your personal health information; provided that the foregoing release and discharge shall not apply to those Claims directly relating to or arising from our gross negligence or wilful misconduct; (iii) any failure of a party to a Mozzaz Partner Agreement, including yourself, to comply with the terms of such Mozzaz Partner Agreement; (iv) your relationship with a Mozzaz Partner; or (v) the provision of information through the Services by a third-party, including, but not limited to, a Mozzaz Partner. A Mozzaz Partner providing information through the Services is entirely responsible for the provision of such information and Mozzaz shall have no liability to an end user or a Mozzaz Partner relating to the provision of such information.

Without restricting the scope of the foregoing release and indemnity, if you are accessing the Services through a Mozzaz Partner in accordance with a Partner Agreement, the Released Parties will not responsible for, and shall have no liability in connection with, any transactions, interactions, or disputes between you and such Mozzaz Partner or under such Partner Agreement or any other damages, claims, lawsuits or other liabilities arising from or pertaining to such Mozzaz Partner or Partner Agreement. If you have any such dispute, claim or demand you agree to release the Released Parties from any and all claims, demands and damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed (including actual, consequential, and punitive damages), arising out of or in any way connected with the use of the Mozzaz Software or the Services, except those directly relating to or arising from our gross negligence or wilful misconduct.

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Released Parties from and against any and all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable lawyers’ fees) arising out of or related to your use of the Services or any violation of these Terms by you.

In no event shall Mozzaz be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Services or your relationship with a Mozzaz Partner (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or Services (however arising), or (iii) for any direct damages in excess of (in the aggregate) one hundred Canadian dollars (CDN$100).

Disclaimer of Warranties

THE SERVICES, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY MOZZAZ ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOZZAZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICES OR PROVIDED BY A MOZZAZ PARTNER, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MOZZAZ DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, MOZZAZ MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MOZZAZ IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON OR MADE AVAILABLE THROUGH THE SERVICES.

THE PROVISION OF INFORMATION OR CONTENT BY MOZZAZ ON OR THROUGH THE SERVICES OR ANY ASSOCIATED SERVICES DOES NOT CONSTITUE THE PROVISION OF HEALTHCARE ADVICE. SUCH INFORMATION IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. ANY INFORMATION OR CONTENT PROVIDED OR MADE AVAILABLE TO YOU THROUGH THE SERVICES BY A MOZZAZ PARTNER IS PROVIDED TO YOU PURSUANT TO THE TERMS OF YOUR RELATIONSHIP WITH SUCH MOZZAZ PARTNER AND YOUR RELIANCE ON SUCH INFORMATION IS GOVERNED BY THOSE TERMS. MOZZAZ CANNOT AND WILL NOT MAKE ANY DETERMINATION AS TO WHETHER INFORMATION PROVIDED BY A MOZZAZ PARTNER THROUGH THE SERVICES CONSTITUTES HEALTH CARE ADVICE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE SERVICES AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE SERVICES, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE SERVICES AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OR RELY ON THE ADVICE OF ANY PARTICULAR THIRD PARTY PROVIDER, INCLUDING A MOZZAZ PARTNER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR A NEED FOR COMPLETE HEALTH INFORMATION, PLEASE SEEK THE ADVICE AND/OR ASISSTANCE OF A REGULATED HEALTHCARE PROVIDER IN GOOD STANDING.

BY USING SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICES, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. MOZZAZ DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES, ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF MOZZAZ ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, MOZZAZ DOES NOT GUARANTEE (I) THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF THE SERVICES; (II) THAT ALL COMMUNICATIONS BETWEEN YOU AND MOZZAZ, OR BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES; (III) THIRD PARTIES WILL NOT USE OR ACCESS THE SERVICES OR YOUR PERSONAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (IV) ANY ERRORS IN THE SERVICES OR DATA ACCESSIBLE ON OR THROUGH THE SERVICES WILL BE CORRECTED.

Data Security

We value your privacy. Our commitment to privacy and the way we use information you provide to us through the Services is detailed in the Privacy Policy, available here. We follow generally accepted industry standards to protect the personal information submitted to us, including personal health information, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We shall not be liable for any losses incurred by you in connection with unauthorized access or use by a third party of (i) the Services or (ii) your personal information.

Conflict with Other Agreements

These Terms are in addition to, and do not nullify, any other agreement between you and Mozzaz or any other applicable terms and conditions found on the Services (the “Other Agreements”).

In the case of any direct conflict between these Terms and any other agreement between you and Mozzaz, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions.