Legal Policies


Site Updated November 18th 2009 - LBL 4.14.002

CANADIAN PRIVACY POLICY

Effective Date: November 18, 2009
Scientific Intake Limited Co. ("Scientific Intake", "us" or "we") is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose any personal information that individually identifies you (e.g. your name, mailing address, phone number, e-mail address, etc.). This Privacy Policy explains our online information practices and the choices you, as a visitor to this website, can make about the collection and use of your personal information. We will only collect, use, and disclose your personal information in accordance with this Privacy Policy.

This Privacy Policy is incorporated into and forms part of our Terms of Use below, which outline the terms and conditions you agree to when accessing and using this website. By accessing and using this website, you agree and consent to the collection, use and disclosure of your personal information as outlined in this Privacy Policy.

What personal information do we collect?
We collect personally-identifiable information from you (such as your name, mailing address, phone number, e-mail address, etc.) when you voluntarily provide it to us through a number of features available on this website, as described below.

When you use our website, we may ask you to provide personal information if you:

  • book an appointment
  • register as a user of this website;
  • participate in a review, survey, a consumer research panel, or similar type of activity;
  • ask to receive online information from us;
  • register for a contest or other promotion; or
  • otherwise participate in features of our website that ask for personal information.

Your participation in any of these activities is voluntary and we will only use the personally-identifiable information that you provide for the purpose(s) for which the information was provided (e.g. responding to your questions or comments; administering our promotions and sites; fulfilling your information request; or otherwise providing or improving our products and services). For example, if you contact us through this website we may ask you for personal information such as your name, mailing address, phone number, or e-mail address so that we can respond to your questions or comments.

We will not send you any online newsletter or similar e-mail communications unless you expressly consent to receive such a communications from us. We may, however, send you notices of changes to our Privacy Policy. You may be given the opportunity to consent to receive future promotional communications from us. If you opt-in to receive such communications, we may use the information to: (i) communicate with you regarding our products, services and promotions; (ii) provide you with other information that you request; and/or (iii) improve our product and service offerings. You will always have the opportunity to "unsubscribe" from receiving the e-mail or other communication at any time.

How do we gather data by automatic means?
Sometimes we use cookie technology, web beacons and/or similar devices on this website to enhance functionality and navigation for our visitors. Information tracked through these mechanisms includes, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; (iii) the pages of the website a user visits; and/or (iv) other websites a user visited before visiting this website.

If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, however, you may be unable to access some customized features on this website. Cookies do not collect or contain your name or e-mail address. Internet tags, graphic tags and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use web beacons on this website to count users and to recognize users by accessing our cookies. Being able to access our cookies allows us to personalize this website and improve your experience at this website. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. Like cookies, web beacons do not collect or contain your personal information.

How do we share personal information?
Except as described below, we do not sell, transfer or otherwise disclose to third parties the personally-identifiable information we collect on or through this website.

At times we provide your personal information to third parties who provide services on our behalf. These entities may use the information solely in conjunction with the specific services they provide for us (e.g., responding to your question or comment, providing a promotion prize, deployment of a consumer survey, investigation of a complaint, etc.).

We reserve the right to transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party.

We also reserve the right to disclose any personal information as needed if such information is requested by law enforcement agencies or if we are requested to do so by law, regulation, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating the Terms of Use of this website. Further, we reserve the right to use your personal information to protect our rights, privacy, safety or property.

Please be aware that any personally-identifiable information you provide to us will be collected in the United States and transferred to Canada. You understand that the data protection laws in the United States differ from those in Canada. By using this Site, participating in any Site activities, and/or providing us with your personally-identifiable information, you consent to the collection, transfer and processing of your personally-identifiable information to and from both the United States and Canada, and agree that your personally-identifiable information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.

Links to other websites
This website may contain links to the websites of our subsidiaries and affiliates, and to websites that are owned and operated by independent third parties. These other websites may have their own privacy policies and are not be governed by this Privacy Policy. We are not responsible for the privacy practices or the content of websites owned and operated by any such subsidiaries, affiliates or independent third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.

Children's Privacy
Scientific Intake is committed to protecting the privacy of children and we do not knowingly solicit information from children under the age of 13, and instruct such children not to send us any information. If a child has already provided us with personal information, his or her parent or guardian may contact us for the purpose of deleting this information.

Canada only
This website is intended for use by residents of Canada only. All matters relating to this website are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. If you are located outside of Canada, and you contact us, please be advised that any information you provide to us will be transferred to Canada and that by submitting information, you explicitly authorize its transfer.

How We Protect Personally-Identifiable Information
We incorporate commercially reasonable safeguards to help protect and secure your personally-identifiable information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use this website and provide us with your information at your own risk.

Changes to this Privacy Policy
We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Policy.

Your consent to the terms of this Privacy Policy
By using this website you consent to the terms of this Privacy Policy, you signify your assent to all of the terms of this Privacy Policy and our Terms of Use. If you do not agree with any terms of this Privacy Policy or our Terms of Use, please do not use this website or submit any personally identifiable information.

How to contact us
We welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, or would like to do any of the following:

  • see personal information that you have already sent us so that you can correct, update and/or delete your personally identifiable information from our files;
  • if your child under 13 has sent us personally identifiable information, delete that personal information from our files;
  • ask that we not send you mailings or otherwise contact you; or
  • report any violation of this Privacy Policy please contact us at: 866-469-2328


smartbite.ca
TERMS OF USE


WELCOME!
The website smartbite.ca (the "Site") is owned and operated by Scientific Intake Co. ("Scientific Intake", "we", "us", "our"). We've designed our Site to be useful and informative. All we ask in return is that you abide by the terms and conditions that follow and that you agree to the terms of our Privacy Policy set out above. Please read them carefully, because when you use this Site, you automatically agree to them. If you do not accept and agree to bound by these Terms of Use, please do not use this Site.

Please note: if you are under the age of majority in your province or territory of residence, then your parent/legal guardian must agree to these Terms of Use on your behalf. By using this Site, you represent to us that you have obtained the consent of your parent/legal guardian to visit this Site and that your parent/legal guardian agree to be bound by these Terms of Use on your behalf.

Scientific Intake has the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our Site. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on November 18th , 2009.

Disclaimer
We have made commercial best efforts to obtain the most accurate and timely information available, including information concerning our products and promotions, all of which is complex and subject to change. Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

Limited License
We own the copyright in all of the materials in our Site. Also, the trademarks used in the Site are owned by us or we have permission to use them here. All right, title, and interest in and to the content available via the Site is the property of Scientific Intake or its licensors, and is protected by Canadian copyright, trademark, patent and/or other proprietary rights and laws.

Use of our Site is provided to you solely for your own personal use. You agree not to re-use material from the Site. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you first get our written consent. There is one exception. You may download material onto one computer or print a single copy for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices.

While on the Site, you agree that you will not attempt to decompile, reverse engineer or disassemble any software contained on the Site and that you will not interfere with the operation or security of the Site or network(s) that operates the Site.

Unauthorized use the Site may be a violation of law which may result in civil and criminal liability. Scientific Intake reserves the right to enforce its intellectual property rights to the fullest extent of the law.

Scientific Intake hereby reserves all of its rights in and to the Site that are not expressly granted to you in these Terms. You acknowledge and agree that you do not acquire any ownership rights by virtue of downloading any content from the Site.

Third Party Sites, Content and Products and Services
Links or pointers to other website and references to products and services offered by third parties may be provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

License to Scientific Intake
By posting messages, uploading files, inputting data or submitting comments, suggestions, graphics, ideas and other information or material to Scientific Intake through this Site, you are granting Scientific Intake a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1.Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;
2.Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark or patent laws. Any information provided by you shall be considered non-confidential and non-proprietary.

Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCCURACY OR COMPLETENESS OF SITE. SCIENTIFIC INTAKE DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCIENTIFIC INTAKE IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE OR YOUR USE OF THE SITE, EVEN IF FORESEEABLE OR EVEN IF SCIENTIFIC INTAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). SCIENTIFIC INTAKE IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION AND YOU ARE SOLELY RESPONSIBLE FOR ANY REPAIR, REPLACEMENT, SERVICE OR OTHER COSTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE. SCIENTIFIC INTAKE HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SCIENTIFIC INTAKE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Indemnification
You agree to indemnify, defend and hold Scientific Intake and each of its affiliates and their respective members, managers, officers, directors, employees, agents, and other representatives (collectively, the "Scientific Intake Parties") harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including, without limitation, legal fees), or other expenses arising out of your use of the Site in violation of these Terms or any law. Scientific Intake reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Scientific Intake.

Remedies
You agree that a breach by you of any of your undertakings under these Terms would cause Scientific Intake damage which could not readily be remedied by an action at law and might, in addition, constitute an infringement of copyright and/or trademark and/or other applicable laws, and/or a violation of moral rights. Any such breach would, therefore, entitle Scientific Intake to equitable remedies, costs and legal fees in addition to any other rights and remedies provided for herein or by law. Moreover, you agree that you will not have the right to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site.

Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent and submit to the exclusive personal jurisdiction and venue of the courts of, and venue and situs in, Toronto, Ontario.

Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Waiver
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Scientific Intake has the right to determine your compliance with these Terms of Use in our sole discretion.

Contact
If you have any questions, comments or concerns about our Site or these Terms of Use, please feel free to contact us at 866-469-2328.