Terms of Use

Effective Date (Last Updated):  July 22, 2019 

Welcome to DifferentIsBetter.ca! 

Please read these Terms of Use which govern the relationship and legal agreement between you (“you”, “user”, “your”) and Body Plus Nutritional Products Inc. Body Plus (“Body Plus”, “We”, “Us”, “Our”) before using Our website: DifferentisBetter.ca (“Website”, “Site”, “Service”).  By using this Site, you accept and agree to these Terms of Use and acknowledge that your use constitutes a legal signature.  If you do not accept and agree to these Terms of Use, do not use this Site. 

Body Plus reserves the right to change, modify, add, or delete portions of these Terms of Use at any time; please check here periodically for changes.  If required by law, We will provide notice of material changes to these Terms of Use by posting a notice on this Site, amending the Effective Date at the top of this page, and/or sending you an email if you have consented to receiving communications from Us.  Your continued use of this Site following posted changes to these Terms of Use indicates your acceptance and agreement to those changes.   

When using particular services or features of this Site, you accept and agree to any posted guidelines and policies applicable to such services and features, all of which are hereby incorporated by reference into these Terms of Use. 

Privacy

Body PlusBody Plus is committed to protecting the privacy of your personal information transmitted on this Site.  By using this Site, you accept and agree to Our Privacy and Cookies Policy [insert link]; if you do not agree with Our policy, do not use this Site.

Copyright and Trademark Notice

You acknowledge and agree that Body Plus exclusively owns all right, title and interest in all content and the compilation of such content on this Site, including but not limited to copyrights, registered and unregistered trademarks, service marks, trade names, trade dress, domain names, logos, products, trade secrets, patents, inventions, know-how, and all other intellectual property (“Content”), except for any content belonging to third parties, and that such Content is protected by Canadian and international copyright and intellectual property laws and other applicable laws.  Content on this Site further includes overall design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof, as well as certain names, words, titles, phrases, designs, icons, page headers, scripts, all data, images, illustrations, photographs, video clips, and written and other materials. 

You may access and use this Site and its Content only as permitted by law. Body Plus grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Site.  Body Plus authorizes you to view and download Content only for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices contained in the original Content.  Without limiting the generality of the foregoing, Content may not be used in connection with any products or services that do not belong to or are authorized by Body Plus, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Body Plus.  You agree that you acquire absolutely no rights or licenses to any Content other than the limited right to access and use this Site in accordance with these Terms of Use. 

Except as expressly authorized by these Terms of Use or elsewhere on this Site, you may not copy, reproduce, duplicate, distribute, transmit, display, modify, sell, frame, perform, exploit in any way, create derivative works from, republish, reuse, post or repost, upload or download, or otherwise use, any of the Content in any form or by any means, without the prior written authorization of Body Plus.  Without such authorization, you may be in violation of copyright and intellectual property laws and other applicable laws of Canada and other jurisdictions. 

Body Plus reserves the right, in its sole discretion, to take such steps as it deems necessary, including legal action, to restrain any unauthorized use of this Site or its Content.  Body Plus also reserves the right to change, modify, suspend, or discontinue the Site or any Content at any time, without notice and at its sole discretion, and for any reason and without further obligation or liability to you.  If you are dissatisfied with this Site, its Content, your use thereof, or with any of the terms, conditions, guidelines, or policies applicable to your use of this Site, you agree that your sole and exclusive remedy shall be to discontinue using this Site.

All other content on this Site belonging to third parties is the property of its respective owners.  Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any content belonging to third parties; any unauthorized use of such content is strictly prohibited.    

“Popeye” is a Registered Trademark of King Features Syndicate, Inc ;” ™ & © 2014 King Features Syndicate, Inc.

Disclaimers Regarding Information and Products   

This Site contains information that Body Plus provides solely and exclusively for informational purposes and is not meant to substitute for the advice of your physician or other healthcare professional.  We may also provide links to third party websites for informational purposes only.  Body Plus is not responsible for, and shall not be liable for, your or any other person’s actions or decisions taken in reliance on the information contained on this Site or on third party sites.  Body Plus does not make any representations or warranties about the information provided on this Site, nor does it recommend or endorse any specific product or service.  You are ultimately responsible for making your own health-related decisions. 

Consult with a healthcare professional before using any medication or nutritional, herbal, or homeopathic product, before starting any diet, exercise or supplement program, before adopting any treatment for a health problem, or if you have or suspect you might have a health problem.  Our products should not be confused with prescription medicines and should not be used as a substitute for medically-supervised therapy.  Please carefully read all information provided with Our products including labelling and packaging. 

If you experience a reaction to a Body Plus product, or if a medical condition otherwise arises or persists, you are strongly advised to promptly see your physician or other medical professional.  You should also consult with your physician or other healthcare provider regarding any potential interactions between any medication you are currently taking and nutritional supplements.

THE INFORMATION AND PRODUCTS ON THIS SITE MAY CONTAIN STATEMENTS THAT HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION.  THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. 

Third Party Sites and Content

This Site may include links to other websites, provided only as a convenience for you.  Body Plus does not control or endorse those third party sites and is not responsible or liable for the content on those sites.  You agree that your use of third party sites and content is entirely at your sole discretion and risk.  You further agree that Body Plus shall not be liable, directly or indirectly, for any loss, damage or other claim caused or alleged to be caused by or in connection with access to, use of, or reliance on any third party sites and their content.

Indemnification

You agree to defend, indemnify, and hold harmless Body Plus, its subsidiaries and affiliates, and each of their respective officers, directors, employees, professional advisors and agents, from and against any and all claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees and expenses, alleging or resulting from your access to and use of this Site and/or its Content, or your breach of these Terms of Use, infringement of any rights belonging to Body Plus or third parties, and violation of any other applicable law.

Disclaimer of Warranties and Limitation of Liability  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU AGREE THAT THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR YOUR PERSONAL, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, BODY PLUS, ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “BODY PLUS”), TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, BODY PLUS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY SITE CONTENT OR THE SITE OR ANY THIRD PARTY INFORMATION. BODY PLUS IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE SITE OR ANY SITE CONTENT IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS OR THAT THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. BODY PLUS MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODY PLUS OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BODY PLUS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BODY PLUS EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS. 

YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL BODY PLUS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY), INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF ANY SITE CONTENT FROM THE SITE OR SUBMISSIONS TO THE SITE OR ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY SITE CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT BODY PLUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. BODY PLUS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BODY PLUS AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF BODY PLUS FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM BODY PLUS ON THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

TO THE EXTENT THAT BODY PLUS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMITS ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF BODY PLUS’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. 

Governing Laws  

This Site is controlled by Body Plus, a business incorporated under the laws of Ontario, Canada.  You agree that all matters relating to access and use of this Site and Content, and all of the communications, transmissions and transactions associated with this Site, shall be deemed to have occurred in the Province of Ontario, Canada, and shall, together with these Terms of Use, be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable, without giving effect to any principles of conflicts of law.  You and Body Plus hereby consent and irrevocably submit and attorn to the exclusive personal and subject matter jurisdiction and venue of the courts of Ontario, Canada, with respect to such matters, and for the resolution of any dispute based upon or relating to these Terms of Use.

Your use of this Site from any location is subject to your compliance with any laws and regulations that may be applicable to you.  You agree that your use of this Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using this Site due to any restriction whatsoever. 

General Provisions  

These Terms of Use, together with Body Plus’ Privacy and Cookies Policy [insert link] and any other guidelines and policies incorporated by reference herein, constitute the entire agreement between you and Body Plus regarding your use of this Site and its Content (“Agreement”).  If any part of this Agreement is deemed indefinite, invalid, illegal, void, or otherwise unenforceable by a court of competent jurisdiction, that part shall be deemed severable to the minimum extent necessary and all other parts of this Agreement will continue in full force and effect. 

This Agreement supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.  No representations, statements or inducements, written or oral, not contained in this Agreement shall bind either you or Body Plus.  Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing and signed by the parties hereto.  No failure by Body Plus to enforce any part of this Agreement shall constitute a waiver of any of Body Plus’ rights under this Agreement.  Only a specific, written waiver executed by Body Plus’ authorized representative shall have any legal effect whatsoever.  Body Plus may assign this Agreement to any other person in Body Plus’ discretion.  You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part.  

You agree that this Agreement is an electronic document and will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents.  A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings, based upon or relating to this Agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

You agree that all agreements, notices, messages, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.  Body Plus will send notices and other communications to you by email, using the address you have provided to Us.  You agree to send Body Plus notices and other communications pertaining to your use of this Site and this Agreement at Our email address listed below.  You agree that the delivery of Our communications is effective when sent by Body Plus, regardless of whether or when you read Our communication or receive it.

Contact Us

If you have any questions or comments about these Terms of Use, please contact Body Plus at: 

Attention: Terms of Use

Address:  Body Plus Nutritional Products Inc.

  P.O. Box Station D

Toronto, ON M1R 4Y7

Canada

Email: info@bodyplus.ca