OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by Vibresonate. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website (collectively, the "Content") contained in this Website are proprietary to Vibresonate, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
REGISTRATION AND PASSWORDS
To access certain portions of the Website and/or to request sample products online, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify Vibresonate of any unauthorized use of your password or username or any other breach of security.
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Vibresonate and that Vibresonate has no control over the content of such websites. Consequently, Vibresonate cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the "Code of Conduct" set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
a) upload, post, e-mail or otherwise transmit any material that:
i) constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or
iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
d) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
f) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
g) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
DISCLAIMER / LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIBRESONATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIBRESONATE DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE CHOICE NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT SAMPLE OBTAINED THROUGH THE WEBSITE, EVEN IF THE CHOICE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SAMPLE PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
ALL OTHER TERMS AND CONDITIONS GOVERNING ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST A PRODUCT. THE CHOICE NETWORK MAKES NO WARRANTIES REGARDING ANY PRODUCT SAMPLES. YOU EXPRESSLY RELEASE AND HOLD THE CHOICE NETWORK HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY PRODUCT SAMPLES OBTAINED VIA THE WEBSITE. YOUR SOLE RECOURSE SHALL BE AGAINST THE PRODUCT MANUFACTURERS.
In particular, you agree to indemnify and hold harmless The Vibresonate, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content or product shipped to you by Vibresonate. You understand and agree that Vibresonate is merely providing product samples to you as a service, and that Vibresonate has no control over, or responsibility for, the products themselves and/or any adverse reactions you may experience as result of their use. The Choice Network recommends that users exercise their own skill and care with respect to the use of any Content and should obtain any expert advice they consider necessary. Always read and follow the product label.
Vibresonate respects your right to privacy of your personal information. Please review our Privacy Notice for details on the manner in which we collect, use, disclose and otherwise manage your personal information.
From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.
RATINGS & REVIEWS
Vibresonate may enable you to help others make smart shopping decisions by providing ratings and reviews about your experience with various brands’ products. When you provide such ratings and reviews and allow us to share them with others publicly, we need to certain rights to reproduce your rating and review. When you provide a rating and review, you (i) represent and warrant that it is your original work, and that you have the right and authority to, and do hereby, grant us an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, copy, transmit, broadcast, display, distribute, use, edit, translate, combine with other material, publish, post, alter, adapt, create derivative works from, commercialize, trade-mark and otherwise use, without limitation, all or any part of the rating and review in any manner and media whether now known or hereafter devised including, without limitation, on the HK Access or brand partner’s website or on third party review networks used by our brand partners; and (ii) waive any and all moral rights that you may have in and to the rating & review with respect to the uses contemplated herein.
CHANGES AND TERMINATION
"Vibresonate" and "vibresonate.com" are trademarks of Vibresonate. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Vibresonate. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Effective date: January 11, 2020
This Privacy Notice has been prepared by Vibresonate for Users and (collectively, "Vibresonate", "we", "us" or "our"), and it sets out the manner in which Vibresonate collects, uses, discloses and otherwise manages personal information. This Privacy Notice applies to the privacy practices on our websites located at www.vibresonate.com (the "Website").
Collection and Use Of Personal Information
The term "personal information” means information about an identifiable individual, including but not limited to full name, address, email address, and other information relating to an individual.
We may collect personal information when you:
• Make a request on the Website to take out a subscription;
• Use our Support Ticket System
• Complete a survey available through our Website or Submit a Claim;
• Contact us with a comment, question or complaint.
Additional Information is collected and stored on our system from you;
• Storing Client claim information in the Website
• Enter affiliate Reports on the system
• Enter information about you business.
Taking out a Subscription: When you register for a subscription package, we collect certain personal information such as your name, mailing address, username and a password. When you register, you will have the opportunity to provide certain demographic information, such as your gender, and other personal information. This additional demographic information is optional, however, please note that most of this information is for your information purposes only. As a result, any additional information will not make a difference in your account.
Records of your clients: All though this information is collected on the website, all the records are stored in database connected to your login and are not stored in the database on the main website. Therefore, these record are kept confidential and private.
Our policy is to not disclose your personal information to third parties for their direct marketing purposes unless we first obtain your opt-in consent.
You can opt-out of receiving promotional email from us by doing one of the following:
• If you have received an email, you can follow the opt-out or "unsubscribe" instructions provided in your email.
• Contacting us by clicking on the "Contact Us" page on our Website or using the contact information set out below.
Contact Us: When you contact us with a comment, question or complaint, you may be asked to provide personal information (such as your name, address, email address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, product and service offerings, and events and promotions.
Disclosure of Personal Information
Our policy is that we will not disclose, trade, rent, sell or otherwise transfer your personal information, without your consent, except as otherwise set out herein. We may maintain or process your personal information in the US, Canada or other jurisdictions.
Sale of Business: We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Vibresonate or as part of a corporate reorganization or stock sale or other change in corporate control.
Legal: Vibresonate and our Canadian, US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims, or as otherwise permitted by law.
Additional Information about our Website
Visiting our Website: Visiting our Website: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet Protocol) addresses of visitors to our Website and other information about your visit, such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity, and to monitor and improve our Website.
Cookies: Our Website uses a technology called "cookies". A cookie is a tiny element of data that our Website can send to your browser, which is stored on your hard drive so we may later be able to recognize your computer or other device when you return. If you have registered with our Website, cookies may provide us and our service providers with information that we will use to personalize our Website in accordance with your preferences. Most Web browsers allow you to modify your settings to notify you when you receive a cookie or to reject cookies entirely. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the features of our Website.
We may also use a third party to help us gather and analyze information about the areas that you visit on the Website to evaluate and improve the customer experience and the convenience of the Website, and to help us evaluate some of the specific information related to your Website visits.
Children: Our Website is not intended for children under 18 and therefore we do not intend to collect personal information from children under the age of 18. If you are 18 or older, but under the age of majority in the jurisdiction in which you live, you must have your parent or legal guardian’s permission to use our Websites, register or participate in any promotional offers.
Security of Personal Information
We have implemented measures designed to help protect personal information in our custody and control. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no collection or transmission of information over the Internet or other publicly accessible communications networks can be guaranteed to be 100% secure, and therefore, we cannot ensure or warrant the security of any such information.
We have personal information retention processes designed to retain personal information of our customers for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
Access to your Personal Information
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in personal information we have in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
Changes to the Privacy Notice
This Privacy Notice may be updated periodically to reflect changes to our personal information practices. The revised Privacy Notice will be posted on this Website. If we make material changes to this Privacy Notice, we will notify you by posting a notice on the front page of this Website. We strongly encourage you to please refer to this Privacy Notice often for the latest information about our personal information practices. The Effective Date of this Privacy Notice is posted at the top of this page.
Contacting our Privacy Officer
Please contact us if:
• you have any questions or comments about this Privacy Notice,
• you wish to opt-out of marketing emails, or access, update, and/or correct inaccuracies in your personal information, or
• you otherwise have a question or complaint about the manner in which we treat your personal information.
By mail to Vibresonate, PO Box 1321, Estevan, SK, S4A 2K9