Welcome to HealthCheck by Clearbridge! These Terms & Conditions (the “Terms”) govern use of our web-based health check management platform and use of our websites and the resources we make available on our websites, such as our podcast, blog, typing tool, videos, and more. We refer to our platform, websites and resources collectively as the “Services”.

Acceptance

Please take a moment to read these Terms carefully before subscribing to or using any of the Services. These Terms are a legal contract between Clearbridge Business Solutions (“Clearbridge”or “We”) and each person who uses the Services and are accepted by subscribing to our health check management platform or by otherwise using our websites and resources. These Terms may be updated or amended from time to time.

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In these Terms, we use the word “Subscriber” to refer to anyone (for example, a business owner, office manager or HR manager) who subscribes to and pays for our health check management platform. We use the word “you” to refer to any individual user of our Services, such as a website visitor or staff member at a Subscriber’s place of business, or an individual browsing or using our websites and resources.

Intellectual Property

Ownership of the Services. Clearbridge owns, or has obtained the rights to use, all intellectual property rights in the Services. This includes the underlying software and technology that operates the Services; all materials and content posted or made available on our website or through the Services, such as our Guide, videos, photos, illustrative graphics, text, research and blog postings.

License to You. Clearbridge grants each Subscriber, and each individual using the Services, a limited license to access and use (i.e., display, print, download) the materials and content within the Services solely on a personal computer or device for the Subscriber’s internal business purposes and for your own personal, non-commercial use, provided that:

• You do not disseminate or distribute our materials or content publicly;
• You do not sell or otherwise commercialize our materials or content for your own gain or for the gain of any other person; and
• You abide by our Acceptable Use Policy below.
  

Your Feedback and Contributions. We love to receive your feedback about our Services and to include your contributions in our resources where possible. To ensure we have the proper rights to do this, you grant Clearbridge a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right and license to use your feedback and contributions, including incorporating them into the Services and sharing them with other users. Please note that providing feedback or contributions does not make you an author, inventor or contributor of the Services and does not entitle you to any compensation or to any ownership rights in the Services.

Third-Party Services. We may offer integrations with third-party services that you may choose to use with our Services, such as email services, payment processing, customer assessment tools, online bookkeeping, and electronic billing. Please note that your use of such third-party services is governed by the legal terms of those third parties, and not by these Terms of Use. Clearbridge is not responsible for those third-party services.

Acceptable Use Policy

Users of our Services are expected to behave responsibly and to show respect for our people, our intellectual property and the law. You agree to communicate with Clearbridge team members in a mutually respectful manner at all times.

In addition, you must not:

• “frame” or “mirror” any content from our Services on any other website or server;
• post or transmit any material that is unlawful, harmful, defamatory, obscene, profane, discriminating, harassing, threatening, infringing of intellectual property, invasive of privacy rights, or otherwise objectionable;
• harvest, scrape or otherwise collect information about others from our Services, including names and email addresses;
• probe, scan or test the vulnerability of the Services or any web site, or breach the security or authentication measures of the Services;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Services; or
• pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Clearbridge reserves the right to suspend or terminate your use of any or all of the Services, or take other appropriate remedial action, to address any inappropriate conduct or any violation or suspected violation of our Acceptable Use Policy or these Terms.

Subscribing

Subscription. You can subscribe to our health check management platform by signing up. Service fees for various parts of the platform may be introduced or changed at anytime with reasonable notice.

Availability of the Services. Once a Subscriber has subscribed, Clearbridge will make the Services available to the Subscriber. Please note that Clearbridge cannot be responsible for any unavailability of the Services caused by circumstances beyond our reasonable control, such as internet outages or issues with your computer systems or devices.

Limitations. Our websites and resources are provided for general information about Clearbridge products and services. They may not always be accurate or complete and are not intended to provide legal advice. We recommend that Subscribers obtain their own guidance and advice with respect to regulatory and legal compliance. Content and resources on our websites may be varied or discontinued from time to time.

Subscriber Accounts

Account Owner. The person signing up for a subscription on behalf of a Subscriber is the “Account Owner” and will be authorized to administer the account for the Subscriber. Each Subscriber will have only 1 Account Owner. All questions about a Subscriber’s subscription and its user account(s) should be directed to the Account Owner. A Subscriber cannot change its Account Owner at this time.

If you discover or suspect any unauthorized access to or use of your Subscriber or user account, please reset your password immediately and notify us at healthcheck@clearbridge.ca.

Subscriber Data

Ownership and Control. Each Subscriber retains ownership and control of its staff data and all information collected, entered, created or otherwise provided by the Subscriber and its users in the course of using the Services (“Subscriber Data”). Subscribers are responsible for ensuring that their collection and use of Subscriber Data complies with applicable laws and regulatory requirements.

Each Subscriber determines:

• What Subscriber Data to collect;
• How the Subscriber will use the Subscriber Data;
• Which practitioners and staff have access to Subscriber Data;
• How long the Subscriber will store Subscriber Data; and
• On what basis the Subscriber will delete Subscriber Data.

Storage and Access. Clearbridge is a service provider to Subscribers and may be referred to as an “agent”, “business associate” or “processor” of the Subscriber. Clearbridge will keep Subscriber Data stored securely as described below under Security. Clearbridge will only access Subscriber Data at the request of a Subscriber or its users, or where needed in order to prevent or address technical problems affecting the Services or if required by law, regulation or court order. As we otherwise have no control over Subscriber Data, we are not responsible for incorrect, incomplete, lost or damaged Subscriber Data, except to the extent it is caused by our failure to meet our obligations under these Terms.

Questions About Subscriber Data. If you have any questions about your Subscriber Data, please contact your Account Owner. If an Account Owner has any questions about the management of Subscriber Data in the Services, the Account Owner may contact us at healthcheck@clearbridge.ca.

Anonymized/Aggregated Data. Clearbridge may use computer-generated algorithms to gather anonymous and aggregated information from Subscriber Data in order to assist in our continued development and improvement of the Services, and for research, data analysis, benchmarking, statistics or trend analysis. We will ensure that none of the information we gather identifies, or could be used to identify, any user or patient. Clearbridge may share such anonymized information with Subscribers and others, for example, by providing insights into most common uses and any other trends that arise from the data.

Security

Safeguards. Clearbridge will maintain industry-standard administrative, physical and technical safeguards to prevent the unauthorized access, use or disclosure of Subscriber Data processed through or stored in the Services. These safeguards include, but are not limited to, security policies and training for our personnel, access controls, minimum security certifications and practices for our data centers, PCI-compliant payment processors and encryption.

Security Breach. Clearbridge will notify affected Subscribers if Clearbridge determines that the security of the Services has been breached and this results in Subscriber Data being accessed by or disclosed to an individual or entity who is not authorized to access or receive such information. Clearbridge will report to the affected Subscriber(s) on the corrective action being taken in response to such security breach and will reasonably cooperate with such Subscriber(s) in mitigating the effects of any lost or compromised Subscriber Data.

Your Responsibility. Subscribers and their users will notify Clearbridge immediately if they become aware of any unauthorized use of their account(s), of any user ID and password, or any other known or suspected breach of security.

Data Retention Policy

Account Owners may Contact Us with questions about their Subscriber Data. Please note that, in order to maintain strict security of Subscriber Data, we cannot take instructions from anyone other than the Account Owner.

Legal Limits

Disclaimer. We want to provide great Services; however, there are certain things about the Services that we cannot promise. For example, Clearbridge cannot promise, and does not represent or warrant that:

• The Services will meet your specific needs or requirements;
• The Services will be uninterrupted, timely, 100% secure or free from errors, viruses or other defects; or
• Information provided through the Services will be accurate, timely, complete or reliable.

YOU UNDERSTAND AND AGREE THAT: (A) EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY AND THAT USE OF THE SERVICES IS AT YOUR SOLE RISK; AND (B) CLEARBRIDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY OR NON-INFRINGEMENT.

No Indirect or Consequential Damages. regardless of the above, neither of us will be liable, UNDER ANY CIRCUMSTANCES, for any indirect, SPECIAL or consequential damages arising out of or in connection with the services, SUCH AS LOST REVENUE or BUSINESS INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY DEPENDING ON WHERE YOU LIVE.

Notices, Governing Law and Disputes

Notices. Clearbridge will provide Subscribers with notices, alerts and communications regarding the Services and these Terms electronically to the email address on file for your Account Owner. Account Owners may update their account information at any time by using their account settings. Any notice you are required or wish to provide to Clearbridge may be provided to the contacts shown below under Contact Us.

Governing Law. The Services are provided by Clearbridge from its offices in Abbotsford, Canada. All matters relating to access to and use of the Services will be governed by the laws of the Province of British Columbia, BC, Canada.Disputes. In the event of a dispute, we both agree to try settle the dispute through consultation and negotiation in good faith and a spirit of mutual cooperation. We may also agree to use some form of non-binding alternative dispute resolution, such as mediation. If we are unable to resolve the dispute within 60 days after it first arose, we will resolve the dispute by binding arbitration before a single arbitrator with relevant experience. The arbitration will be held in Vancouver, B.C. and will be administered by ICDR Canada (www.icdr.org/icdrcanada ) in accordance with its Canadian Expedited Procedures.

Contact Us

If you have any questions regarding the Services or these Terms, please contact us at: healthcheck@clearbridge.ca or at the contact information shown below. We will make every effort to answer your questions.

Clearbridge Business Solutions 
203-2600 Gladys Ave
Abbotsford, BC
V2S 0E9 Canada 
778-383-6726

Updated: December 08, 2020