Membership Agreement
(Updated on 19th May 2016)

1. INTRODUCTION

1.1 The following sets forth the terms and conditions of the Membership Agreement of TIMAHEALTH.COM (Hereinafter “THE AGREEMENT"). This Agreement is between you (hereinafter “THE MEMBER”) and “TIMAHEALTH.COM”. For purposes of this AGREEMENT, “THE MEMEBER” is any person, company or legal entity that accesses TIMAHEALTH.COM. A MEMBER includes the person using TIMAHEALTH.COM and any legal entity which may be represented by such person. Under this agreement TIMAHEALTH.COM offers you access to its services (Hereinafter “THE SERVICES”) through the website identified by URL WWW.TIMAHEALTH.COM. Use of “THE SERVICES” indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use “THE SERVICES”. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY “THE AGREEMENT”, THE SITE’S TERMS OF USE AGREEMENT, THE PRODUCT LISTING POLICY AND THE PRIVACY POLICY, THE CONTENTS OF WHICH ARE ONLY PROVIDED IN ENGLISH LANGUAGE AND ARE AVAIABLE ON TIMAHEALTH WEBSITE (WWW.TIMAHEALTH.COM). “THE MEMBER” may arrange to translate these contents into its language on its own accord, but it is necessary for “THE MEMEBER” to understand clearly the contents of these documents before signing up for membership. Please notice “THE MEMBERSHIP AGREEMENT OF TIMAHEALTH.COM will not take effect unless and until you have activated your Account.

1.2 THE TERMS OF USE AGREEMENT is available here. By accepting “THE AGREEMENT”, “THE MEMEBER” also accepts THE TERMS OF USE AGREEMENT of TIMAHEALTH.COM and any updates thereto. “THE MEMEBER” acknowledges that TIMAHEALTH.COM may change THE TERMS OF USE AGREEMENT by updating the version of THE TERMS OF USE AGREEMENT posted on WWW.TIMAHEALTH.COM at any time.

1.3 THE PRODUCT LISTING POLICY is available here. By accepting “THE AGREEMENT”, “THE MEMEBER” also accepts THE PRODCUT LISTING POLICY of TIMAHEALTH.COM and any updates thereto. “THE MEMEBER” acknowledges that TIMAHEALTH.COM may change THE PRODCUT LISTING POLICY by updating the version of THE PRODCUT LISTING POLICY posted on WWW.TIMAHEALTH.COM at any time.

1.4 THE PRIVACY POLICY is available here. By accepting “THE AGREEMENT”, “THE MEMEBER” also accepts THE PRIVACY POLICY of TIMAHEALTH.COM and any updates thereto. “THE MEMEBER” acknowledges that TIMAHEALTH.COM may change THE PRIVACY POLICY by updating the version of THE PRIVACY POLICY posted on WWW.TIMAHEALTH.COM at any time.

2. CONTENT AND SERVICES OF TIMAHEALTH.COM

2.1 “THE MEMBER” warrants and agrees to provide TIMAHEALTH.COM with true and accurate information to be displayed on WWW.TIMAHEALTH.COM and to keep such information true, accurate and current. “THE MEMBER” grants an irrevocable, perpetual, worldwide and royalty-free license to TIMAHEALTH.COM to display and use all information provided by such MEMBER in accordance with the purposes set forth in “THE AGREEMENT”.

2.2 “THE MEMEBER” warrants and agrees that it has obtained all necessary copyright, trademark, licenses and permissions that are required for any material or information it posts on TIMAHEALTH.COM or provides to its staff. “THE MEMEBER” agrees that it shall be solely responsible for ensuring that any material or information it posts on TIMAHEALTH.COM or provides to its staff does not violate any Third Party Rights. “THE MEMEBER” warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on TIMAHEALTH.COM, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.

2.3 “THE MEMEBER” agrees not to copy, reproduce or download any information from TIMAHEALTH.COM including, but not limited to text, images, videos, directories, files, databases or listings (the "Content") for the purpose of re-selling, re-distributing or re-publishing the Content, mass mailing, or commercially exploiting the Content.

2.4 TIMAHEALTH.COM includes some content that is provided by third parties ("External Content"). The staff of TIMAHEALTH.COM does not generate the External Content and any such content is the sole responsibility of the party who provided the content. TIMAHEALTH.COM is not responsible for the accuracy, lawfulness or truthfulness of any External Content

2.5 “THE MEMEBER” agrees to not use TIMAHEALTH.COM services to infringe the intellectual property rights or other legitimate rights of others. The staff of TIMAHEALTH.COM reserves the right to place restrictions on External Content or suspend or terminate the accounts of ANY MEMBER if they believe that such MEMBER’S conduct is potentially harmful to the interests of TIMAHEALTH.COM or if they believe that such MEMBER is infringing the intellectual property rights or other legitimate rights of others.

2.6 “THE MEMEBER” gives its consent to TIMAHEALTH.COM that it keeps THE MEMBER’S data on its databases. “THE MEMEBER” also authorizes TIMAHEALTH.COM to share such information with other Users.

2.7 TIMAHEALTH.COM may at any time impose limitations on, suspend or terminate the use of a MEMBER’S Account without being liable to THE MEMBER if TIMAHEALTH.COM reasonably believes that “THE MEMBER” is in breach of any aspect of “THE AGREEMENT”. “THE MEMBER” shall not use any services of TIMAHEALTH.COM for the purpose of junk mail, spamming or the transmission of any unlawful, harassing, abusive, threatening, obscene or otherwise objectionable material of any kind or nature.

2.8 “THE MEMEBER” may not sell, assign or otherwise transfer its account to a third party without the prior written consent of TIMAHEALTH.COM.

2.9 “THE MEMEBER” agrees that information submitted to TIMAHEALTH.COM for display shall not contain fraudulent information or make fraudulent offers, involve the sale or attempted sale of counterfeit or stolen items, involve the sale or attempted sale of items whose sale is prohibited by applicable law, promote illegal activities, attempt to defraud other Users of TIMAHEALTH.COM, impersonate any person or entity, misrepresent the Users affiliation with any person or entity, contain any pornography or promote sexually explicit materials or be otherwise harmful to minors, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information. TIMAHEALTH.COM reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. TIMAHEALTH.COM may disclose THE MEMBER’S identity and contact information, if requested by a government or law enforcement body or as a result the receipt of legal documentation. TIMAHEALTH.COM shall not be liable for damages resulting from such disclosure and “THE MEMEBER” agrees to not bring any action or claim against TIMAHEALTH.COM and its staff for such disclosure.

3. TRANSACTIONS BETWEEN BUYER AND SELLER

3.1 TIMAHEALTH.COM does not represent the seller or the buyer in transactions whether or not such transactions are made via its Website or its services. TIMAHEALTH.COM is not responsible for any aspect of the products or services offered for sale on its Website.

3.2 Display of Content or use of TIMAHEALTH.COM does not create a sales agency relationship between “THE MEMEBER” and TIMAHEALTH.COM. MEMEBERS are reminded that there are inherent risks of dealing with people acting under false pretences, particularly online.

3.3 “THE MEMEBER” acknowledges that it fully assumes the risks of any purchase and sale transactions that may be related to the content provided on TIMAHEALTH.COM in any way, and that it fully assumes the risks of liability or harm of any kind in connection with subsequent activity relating to products or services that are the subject of such transactions. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.

3.4 “THE MEMEBER” agrees that TIMAHEALTH.COM shall not be liable or responsible for any damages, liabilities, costs or expenditures of any kind that may arise as a result of or in connection with any transaction that is associated with TIMAHEALTH.COM. In the event that any MEMBER has a dispute with any party to a transaction, such MEMBER agrees to release and indemnify TIMAHEALTH.COM from all claims, demands, actions, proceedings, costs, expenses and damages arising out of or in connection with such transaction.

4. LIMITATION OF LIABILITY

4.1 To the maximum extent permitted by law, the features and services on TIMAHEALTH.COM are provided on an "as is" and "as available" basis, and TIMAHEALTH.COM hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.

4.2 To the maximum extent permitted by law, TIMAHEALTH.COM makes no representations or warranties about the validity, accuracy, correctness, reliability, quality or completeness of any information provided on or through its website. TIMAHEALTH.COM also does not represent or warranty that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on its website does not violate any third party rights, it makes no representations or warranties of any kind concerning any product or service offered or displayed on its website.

4.3 “THE MEMBER” agrees that under no circumstances shall TIMAHEALTH.COM be liable to “THE MEMEBER” for any inability to use its website, inaccuracies in information on its website or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use its website or any of its features and services.

4.4 “THE MEMEBER” agrees to indemnify and save TIMAHEALTH.COM harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from MEMBER’S use of its website or from its breach of any of the terms and conditions of this AGREEME NT, or MEMBER’S breach of any representations and warranties made by such MEMBER to TIMAHEALTH.COM, or any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on TIMAHEALTH.COM.

5. GENERAL

5.1 All notices or demands to TIMAHEALTH.COM must be in writing and sent to: Suite B, No. 56, Gradwell Drive, Scarborough, M1M 2M9, Ontario, Canada.

5.2 All notices or demands to or upon A MEMBER shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by “THE MEMEBER” to TIMAHEALTH.COM, or by posting such notice or demand on an area of its Website that is publicly accessible without a charge. Notice to “A MEMEBER” shall be deemed to be received by such MEMBER if and when a) TIMAHEALTH.COM is able to demonstrate that communication, whether in physical or electronic form, has been sent to such MEMBER, or b) immediately upon TIMAHEALTH.COM posting such notice on an area of its Website that is publicly accessible without charge.

5.3 This AGREEMENT together with THE TERMS OF USE AGREEMENT, THE PRODCUT LISTING POLICY, and THE PRIVACY POLICY constitute the entire AGREEMENT between “THE MEMEBER” and TIMAHEALTH.COM and governs the use of its website; it supersedes any prior AGREEMENT in relation to the same subject matter herein. If any provision of this AGREEMENT is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

5.4 This AGREEMENT shall be governed by the laws of Ontario, Canada without regard to its conflict of law provisions. The parties to this AGREEMENT hereby submit to the exclusive jurisdiction of the courts of Ontario, Canada.

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