Terms and Conditions of Use

Last updated: February 15, 2008

The following terms constitute an agreement (the "Agreement") between you and Kanayo Software Inc. ("Kanayo"), the operator of www.healthgraphcommunity.com (the "Site"). This Agreement governs your use of the Site, both as a casual visitor and a registered member as described below.

By accessing or using the Site, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, do not use the Site. To the extent you register on the Site as a member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to members shall apply to you too.

Membership Eligibility

Children under the age of 13 are prohibited from registering as members. By registering as a member you represent that you are age 13 or older.

This Site Does Not Provide Medical Advice

All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Kanayo does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Kanayo, on persons appearing on the Site at the invitation of Kanayo, or on other members is solely at your own risk.

Acceptable and Lawful Use of Site by Members

In addition to and without derogating from anything else contained in this Agreement, the following activities constitute prohibited uses which violate this Agreement and may result in the suspension or termination of your right to access and use the Site:

(a) Using the Site in a manner that infringes or threatens to infringe the copyright, trade-mark, trade secret or other intellectual property rights of others, or violates or threatens to violate the privacy, publicity or other personal rights of others;

(b) Violating or attempting to violate the security of the Site including, without limitation (i) accessing personal or other information not intended for your use or logging into an account which you have no prior authorization from Kanayo to access; (ii) impersonating any person or entity, including, without limitation, a Kanayo employee or agent, or otherwise misrepresenting your affiliation with any person, corporation, partnership or other entity; (iii) attempting to search for, scan or test Kanayo's potential system or network vulnerabilities or to breach security or authentication measures; (iv) attempting to interfere with the services available to any other member of the Site, host or network, including, without limitation, submitting a virus, trojan horse, worm, spider, spyware, malware or other harmful, disruptive or destructive file to Kanayo or the Site, or overloading, "flooding", "spamming", "mailbombing", "crashing" or using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or (v) sending spam, chain letters, junk mail or any other type of un-solicited email or communications, including promotions and/or advertisements for products or services;

(c) Posting or transmitting any personal or other information which is inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous;

(d) Accessing or using the Site if you have not attained the age of 13;

(e) Except as specifically authorized by Kanayo, selling, reproducing, modifying or attempting to modify any personal or other information obtained through the Site in any way, or reproducing or publicly displaying, distributing or otherwise using such information for any public or commercial purpose including, without limitation, use of such information on any other website;

(f) Except as specifically authorized by Kanayo, transferring any personal or other information obtained through the Site to any other person, partnership, corporation or third party;

(g) Printing or copying any of the computer programs used by Kanayo to support the Site and the services provided by the Site;

(h) Creating or using a false identity on the Site, or posting false, misleading or inaccurate personal or other information including;

(i) Collecting, using or disclosing information about others without their consent, except for the stated purposes provided by Kanayo;

(j) Using e-mail addresses you do not own or for which you do not have the express permission of the owner of such e-mail address to use;

(k) Using the Site to solicit business from other individuals who use the Site or members of the Site;

(l) Using or attempting to use any engine, software, tool, agent or other device or mechanism to navigate or search the Site other than the search engine and search aids made available by Kanayo and widely used third party web browsers (i.e. Microsoft Explorer, Netscape Navigator, Firefox, etc.)All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

Use of Site by Members and Non-Members

You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.

Non-Commercial Use by Members

The Member Area and the content and information contained in the Member Area is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site without the express written consent from Kanayo.

Privacy

You agree that you have read, understood and accept the terms of HealthCommunity's Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.

Posting and Use of Content in the Member Area

The Member Area includes community areas, such as forums and member areas, where members may post messages, images, and other content. If you are a member, you (or the author) owns the copyright in the messages, images, and other content you post in the Member Area, but by posting such content to the Member Area you grant Kanayo and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your postings, subject to the terms of the Privacy Policy.

While some community areas in the Member Area are monitored periodically for topicality, Kanayo has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.

You agree not to disclose to any person or entity personal information (as defined in the Privacy Policy) about other members that you learn using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express written consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.

Member Password and Login Identity

You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated, at Kanayo's sole and absolute discretion. You agree to immediately notify Kanayo of any unauthorized use of your membership password or login or any other breach of security.

Links to Other Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Kanayo has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Kanayo does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Membership Termination

You agree that Kanayo may, with or without cause, immediately terminate your HealthGraphCommunity membership and access to the Member Area without prior notice. Without limiting the foregoing, the following may lead to a termination by Kanayo of a member's membership and use of the Site:

(a) breaches or violations of this Agreement or other incorporated agreements or guidelines;

(b) requests by law enforcement or other government agencies;

(c) a request by you (self-initiated membership cancellation);

(d) unexpected technical issues or problems; and

(e) extended periods of inactivity.

You expressly acknowledge Kanayo has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice to you, by posting amended terms on this Site. You agree to review the terms of this Agreement regularly, and at least monthly, and your continued access or use of the Site will mean that you agree to any changes.

Fees and Changes to the Site

Membership to the Site is currently free. Kanayo reserves the right to from time to time to change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.

At any time Kanayo may change, terminate or discontinue any aspect of the Site and/or the services/information provided by the Site without notice or liability to you.

Disclaimer of Warranties

The Site and the content and services made available on the Site are provided on an "as is" and "as available" basis. Kanayo does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, merchantability, operation, non-infringement, usefullness, completeness, accuracy, currentness, or reliability, with regard to the Site, the Site's content, or any advice or services provided through the Site, all to the extent permitted by law. Kanayo does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the site will be corrected.

The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by Kanayo, and you use such information at your own risk.

Limitation of Liability

Neither Kanayo nor its partners, contributors, agents, employees, directors, officers, affiliates, consultants, any third party involved in the creation and ongoing maintenance of the site, or members of the Site shall be liable to you or anyone else for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the Site or your access to or use of, or inability to access or use the Site or the information contained on the Site, or any action or decision made by you in reliance on the Site or the information contained on the Site, or any errors in or omissions from the Site or the information contained on the Site, or any unauthorized use or reproduction of the Site or the information contained on the Site, even if Kanayo has been advised of the possibility of these damages. This limitation applies regardless of whether or not any such loss or damage arises in connection with claims based in contract, tort or equity, and regardless or whether any such loss or damage is caused by or contributed to by the negligence of Kanayo, its partners, contributors, agents, employees, directors, officers, affiliates, consultants, any third party involved in the creation and ongoing maintenance of the site, or members of the Site.

If any exclusion or limitation on liability does not apply to you or is held to be inapplicable or unenforceable for any reason, Kanayo's maximum liability to you in the aggregate shall be one hundred ($100.00) Canadian dollars.

Indemnification

You agree to indemnify and hold harmless Kanayo, its partners, contributors, agents, employees, directors, officers, affiliates, consultants, any third party involved in the creation and ongoing maintenance of the site, and members of the site, from and against any claims, actions or demands, liabilities and settlements including without limitation, legal (on a solicitor and client basis) and accounting fees, resulting from, or alleged to result from, your use of the Site and/or your violation of this Agreement.

International Users

Kanayo makes no claims that information on the Site is appropriate or may be downloaded outside of North America. Personal information ("Personal Information") that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable Canadian law and our Privacy Policy. If you are a non-Canadian user, you acknowledge and agree that Kanayo may collect and use your Personal Information and disclose it to other entities outside your resident jurisdiction. In addition, such Personal Information may be stored on servers located outside your resident jurisdiction. Canadian law may not provide the degree of protection for Personal Information that is available in other countries. By providing us with your Personal Information, you acknowledge that you consent to the transfer of such Personal Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in the Site. If you choose to access the Site from outside of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.

Member Notices

If you register as a member, you agree that Kanayo may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).

Governing Law and Venue

This agreement shall be governed by the laws of the Province of Nova Scotia and the applicable federal laws of Canada. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the provincial and federal courts residing in the Province of Nova Scotia, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the provincial and federal courts sitting in the Province of Nova Scotia. Any dispute arising from your use of this Site shall be resolved pursuant to the provisions of the Commercial Arbitration Act (Nova Scotia).

Miscellaneous Terms

"Kanayo™", "HealthGraphCommunity" and the HealthGraphCommunity logo are trade-marks of Kanayo. You agree not to display or use these trademarks in any manner without Kanayo's prior, written permission. Certain other names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Site are trade names or trade-marks owned by Kanayo, or are trade names or trade-marks licensed to it. The trade-marks are distinguished from one another and may be accompanied with the appropriate trademark symbol: ®/TM/. Whenever the trademark symbol ® is used, it refers to a registered trade-mark. Whenever the trade-mark symbol TM is used, it refers to an unregistered trade-mark.

Nothing contained in this Agreement shall be construed as conferring on you by implication, estoppel, or otherwise any license or right of any kind, including any license or right under any copyright, patent, trade-mark or other intellectual property right of Kanayo or any other person or entity. The contents of the Site are provided for your personal use only. Any unauthorized transmission or other copying or modification of trade-marks and/or the contents of the Site may be a violation of any federal or other law that may apply to trade-marks and/or copyrighted materials and could subject the copier to legal action. The contents of the Site are protected under the copyright laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the contents of the Site.

Kanayo may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, let us know, or contact us at:

Kanayo Software, Inc.
1668 Barrington Street, Suite 402
Halifax, NS B3J 2A2