Terms & Conditions

CUSTOMER TERMS OF SALE

This is a legal “Agreement” between you and Unyte Health Inc. (“Unyte”), with an office in Toronto, Ontario, Canada. By placing an order or acquiring hardware and/or software (“Products”) from Unyte’s websites, you agree to these terms of sale set out below, Unyte’s Privacy Policy and any Site terms of use (collectively “Terms”). These Terms may be updated by Unyte from time to time, and it is your responsibility to review these Terms each time you make a purchase from the website.

By clicking the button to submit an order, or continuing with a purchase, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. If you do not understand or agree, you must not submit an order or proceed with the purchase.

1.Orders

    1.1 Ordering Products

    Unyte offers access to our Products through a one-time iom2 device charge and a paid a subscription fee for access to our content. You can become a customer by purchasing our Products from Unyte’s Site or through one of our resellers. If you purchase through a reseller, the purchase may be handled by the reseller under their Terms and Conditions, and payment/management of the subscription may be governed by them.

    When ordering Unyte Products on our Site, your Monthly or Annual subscription price in the Checkout Order Summary includes both the one-time iom2 device cost and your first month or year subscription cost for Unyte's content. Your Lifetime subscription price in the Checkout Order Summary will include both the one-time iom2 device cost and a one-time Lifetime subscription cost for Unyte’s Journey content.

    1.2 Defining Subscription Periods

    Unyte offers Monthly, Annual and Lifetime subscription options. Prices of Unyte Products are in U.S. dollars. For the “Monthly Subscription”, one month constitutes 30 calendar days, the “Annual Subscription” constitutes 365 calendar days and the “Lifetime Subscription” constitutes 100 years or until the date Unyte ceases the commercial sale of such products.

    1.3 Monthly Subscription Fees

    Our Monthly Subscription is paid in 30-day installments. When your subscription is active, you understand and agree that Unyte is authorized to charge the credit card used for the initial subscription fee in the amount of the then current monthly subscription fee, at the non-discounted price. The renewal subscription fees will automatically continue to be billed to the credit card you provided until it is cancelled. To cancel a subscription, you must do so before the beginning of the following month to avoid charges, as refunds cannot be claimed once the subscription period is active.

    1.4 Annual Subscription Fees

    Our Annual Subscriptions are paid in full at the yearly rate at the time of purchase, being charged automatically each year on the same date. You understand and agree that Unyte is authorized to charge the payment method used for (i) the initial annual subscription fee at the same rate of the initial purchase, and (ii) the renewal subscription fee at a non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid additional renewal billings. Refunds will not be provided for any partially fulfilled subscription period.

    1.5 Lifetime Subscription Fees

    Our Lifetime subscription is paid for in full at the time of purchase.

    1.6 Account Obligations

    In order to create an account, you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Products. Account information and certain other information about you are subject to the terms of our privacy policy.

    1.7 Your Account

    You will create a Unyte password associated with your email address as part of your onboarding process. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

    1.8 Cancelling a Subscription

    You may cancel Monthly or Annual subscriptions at any time by emailing support@unyte.com or by calling 1 (866) 594-9453. If you purchase a subscription through a reseller, you may cancel according to their preferred process.

    1.9 Subscription Cancellation By Us

    Any breach to our Terms and Conditions may result in our terminating or suspending your use of our Products, which can be made immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products, or any breach to the end user license agreement.

    1.10 Device Requirements

    Unyte can be enjoyed on your smartphone, tablet and computer “Device”; however, your Device must be in accordance with certain system requirements. Such requirements can be found on the Website and the Google and Apple App marketplaces. Additionally, the software was created to be used simultaneously with Unyte’s iom2 device, which also has its own device requirements. To read about those specifics, you can find them on the Website.

    2. Payment

    2.1 Coupon Codes

    Coupon codes or promotional offers may not be combined with any other offers, be it past or present. Introductory offers are only available to new users and are not available to previous users or corporate subscriptions. Additionally, the discounted offer is solely available for the initial subscription period, and any automatic renewals will be charged at the present rate used at time of renewal, unless the discounted offer specifies otherwise.

    2.2 Payment Information

    Payment for active renewal subscriptions must be kept up to date. Any changes to the initial credit card provided at the time of purchase must be made clear to Unyte as soon as the change occurs. You are responsible for any applicable fees and/or charges incurred, including applicable taxes, for subscriptions purchased by you.

    2.3 Credit Card Information

    For active renewal subscriptions, Unyte and its third party payment service provider may receive and implement updated payment information from your credit card issuer to ensure your subscription remains active. This disbursement of the updated credit card information is provided to Unyte and third party payment service provider at the sole decision of your credit card issuer, who may allow you to opt-out of this update service. If you wish to opt-out, please contact your credit card issuer.

    2.4 Modified Charges

    Unyte reserves the right to alter fees, or add new charges, for any of its Products. A notification regarding such changes will be sent at minimum 30 days in advance of the pending change. If you wish to discontinue your service, please contact us at support@unyte.com or 1 (866) 594-9453.

    3. Delivery & Shipping

    3.1 Product Returns and Refunds

    If purchased directly from Unyte (or the third party service provider), any undamaged Products may be returned to, and received by, Unyte within 60 days of receiving the Products. To return the Products, you must contact Unyte at support@unyte.com or 1 (866) 594-9453, providing all relevant contact information, proof of receipt and reason for return. Following, Unyte will provide a Return Material Authorization (RMA) number, shipping address and further instructions. To return the Products, the following must be ensured:  (i) Products are not damaged, (ii) proof of purchase is provided, (iii) Products are packaged in the original, unmarked packaging including, accessories, manuals, and documentation, (iv) RMA number is included in the packaging, and (v) shipping charges are prepaid. Shipping fees, handling fees, and customs duties are at your expense and will not be refunded to you. Any Products sent that do not follow all of the above may be refused or returned to the sender, and will charged processing, shipping and handling charges.

    Except for the return rights, all sales are final and may not be returned unless: (i) there is a defect in the iom2 device that is covered under the warranty, and (ii) you have complied with the return procedures.

    3.2 Acceptance All orders are subject to acceptance by Unyte, and any rejection of an order will be made in Unyte’s sole discretion, regardless of whether the order was confirmed through the website. If you have been charged for an order that is subsequently rejected by Unyte, Unyte will refund you the amount of that order.

    3.3 Delivery Unyte will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of Products at the time of order placement. Unyte will therefore not be liable in any way for any delay or damage arising from Unyte’s failure to meet your delivery requirements or any delivery dates.

    3.4 Issues You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify Unyte immediately. Please check the order carefully, as no claim for shortages or deficiencies will be accepted by Unyte after seven (7) days from delivery of the products.

    3.5 Changes Except as expressly set forth in these Terms, you will not be entitled to change or cancel any order that has previously been accepted by Unyte without the prior written agreement of Unyte.

    4. Warranty

    4.1 Pass Through Warranties

    Unyte extends the warranty of one year from the time of shipping to the end client on the Unyte Products. Proof of purchase shall be required. This limited warranty excludes damage resulting from: (i) improper care or handling (including, without limitation, proximity to moisture or heat), (ii) accidents, (iii) modification, (iv) unauthorized repairs, (v) use of Unyte Products with accessories, products, services or software applications not expressly approved or provided by Unyte, (vi) use of Unyte Products in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by Unyte.

    4.2 Warranty Claims

    Limited Warranty Claim Process. If your have a valid claim, contact Unyte through support@unyte.com to obtain a Return Material Authorization (RMA) number, shipping address and instructions. You must: (a) comply with the requirements of this Section 4, (b) provide proof of purchase, (c) package the Unyte Products in the original, unmarked packaging including, accessories, manuals, and documentation, (d) include the RMA number in the packaging, (e) include a description of the problem, and (f) prepay all shipping charges. Unyte reserves the right to refuse or return at your expense any Product not sent in compliance with this Section. Unyte recommends that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return to Unyte or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit. You are fully responsible for the cost of shipping and any loss or damage during shipping.

    4.3 Modification of Products

    You may not customize, modify or have customized or modified any Unyte Products unless you obtain the prior written consent of Unyte, which consent may be withheld in the sole discretion of Unyte.

    4.4 Disclaimer

    Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to Unyte Products, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. Upon purchasing, you will assume risks and liability for any loss, damage or injury resulting from the sale and use of Unyte Products, either alone or in combination with other products.



    PROFESSIONAL CUSTOMER TERMS OF SALE

    This Agreement is between Unyte Health Inc. ("Unyte"), a corporation having its offices in Toronto, Ontario, Canada, existing under the laws of Canada and you (meaning you as an individual if acting on your own behalf, or the company that you represent if you are acting on behalf of such company).

    By placing an order and acquiring software licenses or biofeedback devices (“Products”) from Unyte’s website or as part of Unyte’s Professional Program (collectively and individually, the “Site”), you agree to these terms of sale set out below, Unyte’s Privacy Policy and any Site terms of use (collectively “Terms”). These Terms may be updated by Unyte from time to time, and it is your responsibility to review these Terms each time you make a purchase from the Site.

    1. Unyte Products

    1.1 Access to Content

    Unlimited access to Unyte’s software content library will be provided. This includes all currently available titles, as well as any new titles released during the period of an active subscription. This also includes access to Unyte’s reporting dashboard. Notwithstanding the foregoing, title to software will not pass to you, and you are hereby put on notice that your use of any Unyte software supplied to you is governed by and subject to the end user license agreement as provided to you with the software.

    1.2 Accounts Under the Professional Program, you will have access to a defined number of active user accounts and an administrator account. An account is considered active if it is logged in to any or all of: a) Unyte’s dashboard; b) Unyte content software or apps at any given time during a 30-day period. Should Unyte determine that any user is not using Unyte’s Products responsibly, Unyte has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, user generated content, or use of the Unyte Products.

    1.3 Intellectual Property Rights

    You do not acquire any intellectual property or other proprietary rights under these Terms, including without limitation any right, title to or interest in patents, copyrights, trademarks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to Unyte Products or any part thereof.

    1.4 Information Purposes Only Unyte Products are for information purposes only and are not intended to be used for medical or diagnostic related purposes. Unyte is not a licensed medical or health-care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind. Statements on Unyte’s Site have not been evaluated by the FDA, and the Products are not intended to diagnose, treat, cure, or prevent any disease. Unyte Products are not medical biofeedback devices, nor should they be considered a medical instrument.

    1.5 System Requirements Unyte can be enjoyed on your smartphone, tablet or computer providing they meet the system requirements. Such requirements can be found on www.unyte.com. Additionally, the software was created to be used simultaneously with Unyte’s biofeedback device, which also has its own device requirements.

    2. Ordering

      2.1 Required Information.

      To place an order, you must provide up-to-date, complete and accurate registration information as requested by Unyte, which may include your first and last name, institution name, mailing address, phone number and email address. You must also provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you.

      2.2 Prices.

      Prices of Unyte Products are in U.S. dollars, F.O.B. Unyte’s warehouse in the United States. Prices are exclusive of, and you will pay all charges that may be incurred in connection with the delivery of Unyte Products, including, without limitation, in respect to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments required to process Unyte Products from Unyte’s warehouse.

      2.3 Monthly Subscription

      Our Monthly subscription is paid in 30-day installments. When your subscription is active, you understand and agree that Unyte is authorized to charge the credit card used for the initial subscription fee in the amount of the then current monthly subscription fee, at the non-discounted price, unless otherwise specified in your purchase contract. The renewal subscription fees will automatically continue to be billed to the credit card you provided until it is cancelled. To cancel a subscription, you must do so before the beginning of the following month to avoid charges, as refunds cannot be claimed once the subscription period is active.

      2.4 Product Finance Where your purchase contract results in the finance of Unyte devices over a defined period of time, you shall pay monthly for the determined fee of the devices in conjunction with the chosen account package. The financing amortization period is to be defined by Unyte and agreed by you. Upon completion of the financing period and written confirmation by Unyte, the Unyte devices will be fully owned by you.  

      2.5 Rejected Payment Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. Unyte may, in its sole discretion, delay shipment of, or cancel, your Unyte Products order where your credit card is rejected.

      3. Delivery and Shipping

        3.1 Acceptance All orders are subject to acceptance by Unyte, and any rejection of an order will be made in Unyte’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by Unyte, Unyte will refund the amount of that order.

        3.2 Delivery Unyte will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of Unyte Products at the time of order placement. Unyte will therefore not be liable in any way for any delay or damage arising from Unyte’s failure to meet your delivery requirements or any delivery dates.

        3.3 Issues You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect Products in the shipment, you must notify Unyte immediately. Please check the order carefully, as no claim for shortages or deficiencies will be accepted by Unyte after seven (7) days from delivery of the Products.

        3.4 Changes Except as expressly set forth in these Terms, you will not be entitled to change or cancel any order that has previously been accepted by Unyte without the prior written agreement of Unyte.

        4. Limited Warranty

          4.1 Pass Through Warranties

          Unyte extends the warranty of one year from the time of shipping to the end client on the Unyte Products. Proof of purchase shall be required. This limited warranty excludes damage resulting from: (i) improper care or handling (including, without limitation, proximity to moisture or heat), (ii) accidents, (iii) modification, (iv) unauthorized repairs, (v) use of Unyte Products with accessories, products, services or software applications not expressly approved or provided by Unyte, (vi) use of Unyte Products in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by Unyte.

          4.2 Warranty Claims

          Limited Warranty Claim Process. If your have a valid claim, contact Unyte through support@unyte.com to obtain a Return Material Authorization (RMA) number, shipping address and instructions. You must: (a) comply with the requirements of this Section 2, (b) provide proof of purchase, (c) package the Unyte Products in the original, unmarked packaging including, accessories, manuals, and documentation, (d) include the RMA number in the packaging, (e) include a description of the problem, and (f) prepay all shipping charges. Unyte reserves the right to refuse or return at your expense any Products not sent in compliance with this Section. Unyte recommends that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return to Unyte or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit. You are fully responsible for the cost of shipping and any loss or damage during shipping.

          4.3 Modification of Products

          You may not customize, modify or have customized or modified any Unyte Products unless you obtain the prior written consent of Unyte, which consent may be withheld in the sole discretion of Unyte.

          4.4 Disclaimer

          Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to Unyte Products, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. Upon purchasing, you will assume risks and liability for any loss, damage or injury resulting from the sale and use of Unyte Products, either alone or in combination with other products.

          5. Contract Cancellation

            5.1 Cancellation of Contract

            Should you choose to cancel the financing contract as outlined on Section 2.4 prior to term completion, the remaining balance, plus any operational fees, will be charged in full to your credit card.

            5.2 Termination Rights

            Unyte may terminate these Terms upon notice to you, and may also stop any Products in transit to you and suspend the delivery of products and/or services to you without penalty, if: (a) you fail to make any payment due under these Terms; or (b) you commit a breach of these Terms (other than payment) and fail to remedy such breach within thirty (30) days of receiving notice of such breach.

            5.3 Effect of Termination

            Upon termination of these Terms for your breach: (a) all of Unyte’s performance obligations hereunder will immediately cease; (b) your license to use any software provided to you hereunder will immediately cease; and (c) any payments then due to Unyte become immediately payable.

            5.4 Counterparts

            This Agreement may be executed, including by way of electronic signature, in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.  Transmission of the executed signature page of a counterpart of this Agreement by email (in PDF, JPEG or other agreed format) or by using a web-based e-signature platform such as Docusign or Echosign, shall take effect as delivery of an executed counterpart of this agreement.

            These Terms were last updated on June 1, 2018.

             


            END USER LICENSE AGREEMENT

            This End User License Agreement (“EULA”) is a legally binding agreement between you, or the company you represent, and Unyte Health Inc. (“Unyte”) and/or its affiliates. This agreement represents the software you are installing, current or future updates, upgraded versions, accompanying documents, information, articles or related materials provided by Unyte in relation to the software. This software is not intended for medical or diagnostic-related purposes, solely for information purposes.

            By accessing, downloading, installing, copying, or using the software, you have read, understood and agreed to be bound to the terms of this EULA. If you disagree, you must not access or use the software.  

            “Products” refers to Unyte’s content and entitlement. Content includes software, technology, publications and research, user accounts, biofeedback devices, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material as well as user generated content. Entitlement includes access to digital content, additional functionality, subscriptions, online authentication or in-game achievements.

            1.License Grant and Restrictions

              1.1 License Grant

              Unyte provides you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Products, subject to the terms of this license agreement, other Terms, and payment of applicable subscription fees.These Products are owned by Unyte, and your use of these Products must be in adherence to the Terms and Conditions set out.

              1.2 Intellectual Property

              The Products contain or express copyrighted, proprietary material or other intellectual property of Unyte or its licensors. Unyte and its licensors hold all Products rights, titles and ownership. Unyte licenses you the rights to download and use the Products, but they are not being sold to you. You do not have any rights in them other than to use them in accordance with this License Agreement and our additional Terms. The software is protected by copyright laws and other intellectual property rights.

              1.3 Restrictions
              You agree not to assist or permit any third party to perform, or perform yourself, the following:
              (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;

              (b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

              (c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;

              (d) Tamper with the Products or circumvent any technology used by Unyte or its licensors to protect any content accessible through the Products;

              (e) Circumvent any territorial restrictions applied to the Products; or

              (f) Use the Products in a way that violates this License Agreement or the other Terms.

              1.4 Content and Entitlements

              Unyte provides two main services, content and entitlement. Content includes the software, technology, publications and research, user accounts, biofeedback device, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from Unyte, as well as the design of our website. User-generated content (“UGC”) is also included in content and includes user accounts, profile content and additional UGC. You understand that this information is licensed or owned by Unyte or its licensors. Entitlements include access to digital content, additional functionality, subscriptions, online authentication or in-game achievements. Such entitlements are licensed to you, for use online or offline, by Unyte. You will provide at your own expense the equipment, Internet connection and charges required to access and use the Products.

              1.5 User Generated Data

              Using the Products means you acknowledge and understand that Unyte may collect and store data from your computer or device. This information may be transmitted from your computer and includes device and operating system (such as IP Address and device ID) data, information about your usage, gameplay and usage statistics and system interactions. If you are online and wish to disable data sync, open the program’s Settings, and switch “Session Sync” to the off position. Additionally, if session sync is turned off and you complete a step in Unyte’s games while offline, your data will not be stored, even if you return online later. Information gathered by Unyte will be used for product and service development, communication, software updates, software support, troubleshooting or additional ways to enhance customer experience.

              2. General

              2.1 Other Software, Utilities and Tools

              To use certain Products, you may be required to download software, updates/patches, or other utilities and tools from Unyte or its licensors. These technologies may be different across platforms, and may be downloaded onto your computer, entertainment system or device. You understand that certain updates to these technologies may be required to continue using the Products. You also acknowledge that downloads or updates can affect Products performance which can vary across different platforms. You understand that by consenting you will automatically receive updates and choosing not to update may result in limited functioning of the Products.

               

               

              WEBSITE TERMS OF SERVICE

              OVERVIEW

              This website is operated by Unyte Health Inc. Throughout the site, the terms “we”, “us” and “our” refer to Unyte. Unyte offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

              By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

              Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

              Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

              Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

              SECTION 1 - ONLINE STORE TERMS

              By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

              You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

              You must not transmit any worms or viruses or any code of a destructive nature.

              A breach or violation of any of the Terms will result in an immediate termination of your Services.

              SECTION 2 - GENERAL CONDITIONS

              We reserve the right to refuse service to anyone for any reason at any time.

              You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

              You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

              The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

              SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

              We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

              This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

              SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

              Prices for our products are subject to change without notice.

              We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

              We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

              SECTION 5 - PRODUCTS OR SERVICES

              Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

              We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

              We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

              We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

              We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

              SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

              We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

              You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

              For more detail, please review our Returns Policy.

              SECTION 7 - THIRD-PARTY LINKS

              Certain content, products and services available via our Service may include materials from third-parties.

              Third-party links on this site may direct you to third-party websites that are not affiliated with us.

              We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

              We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

              Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

              SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

              If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

              We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

              You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

              You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

              SECTION 9 - PERSONAL INFORMATION

              Your submission of personal information through the store is governed by our Privacy Policy.

              SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

              Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

              We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

              SECTION 11 - PROHIBITED USES

              In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

              SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

              We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

              We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

              You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

              You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

              In no case shall Unyte, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

              SECTION 13 - INDEMNIFICATION

              You agree to indemnify, defend and hold harmless Unyte and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

              SECTION 14 - SEVERABILITY

              In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

              SECTION 15 - TERMINATION

              The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

              These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

              If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

              SECTION 16 - ENTIRE AGREEMENT

              The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

              These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

              Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

              SECTION 17 - GOVERNING LAW

              These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.

              SECTION 18 - CHANGES TO TERMS OF SERVICE

              You can review the most current version of the Terms of Service at any time at this page.

              We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

              SECTION 19 - CONTACT INFORMATION

              Questions about the Terms of Service should be sent to us at support@unyte.com.