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Terms and Conditions

Last Updated: June 15, 2023

ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS OF USE

These website terms and conditions of use for www.getgambit.ca constitute a legal agreement and are entered into by and between you and GET GAMBIT, the operating name of 13785017 Canada Inc. (“Company,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference collectively,  these “Terms and Conditions“), govern your access to and use of, including any content, functionality, and services offered on or through www.getgambit.ca (the “Website“).

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT HTTPS://GETGAMBIT.CA/PRIVACY-POLICY/ , INCORPORATED HEREIN BY REFERENCE . IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

THE GET GAMBIT WEBSITE

Get Gambit is a concierge online health center for men by men. From doctors to your door, we offer all-in-one clinic, pharmacy, and discreet delivery services, for your convenience. We founded Get Gambit so that no man will be left behind. We bring the clinic to you.

Effective, affordable, and Health-Canada approved treatments delivered discreetly, all in a trustworthy and convenient virtual format that protects your privacy.

GET GAMBIT IS NOT INTENDED TO TREAT MEDICAL EMERGENCIES.  SHOULD YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.

MEDICAL SERVICES PROVIDED BY THE ALLIED HEALTH TEAM

GET GAMBIT operates with a core team of medical professionals and health staff (the “Allied Health Team”).

The Allied Health Team may:

  1. Consist of, but not exclusively, physicians, pharmacists, nurses and nurse practitioners, pharmacy assistant and technicians, clinical administrative assistants, and physician assistants; and
  2. Be licensed by a provincial regulatory body; and
  3. Be employed or independently contracted by Get Gambit to perform certain services; and
  4. Access your stored personal information to facilitate the provision of care.

MEDICAL SERVICES PROVIDED BY OTHER MEDICAL PROFESSIONALS

GET GAMBIT contracts Physicians and Nurse Practitioners to provide care on our platform via synchronous (real-time) and asynchronous methods. GET GAMBIT facilitates the provision of care by ensuring the collecting and provision of Personal Information (including Personal Health Information) to the healthcare providers, and by providing a platform through which contracted healthcare providers can communicate with users.

All content, services, and products on our website exists for informational purposes to educate and inform; any such information does not constitute professional medical advice with respect to diagnosis or treatment. Therefore, GET GAMBIT does not replace the provider-patient relationship as per applicable law.

By becoming a Registered User, you consent to authorized Health Professionals providing healthcare services through the GET GAMBIT platform and should you choose to have your prescription fulfilled by the GET GAMBIT pharmacy network, then your prescription can be transferred to a pharmacy of our choosing for the dispensation and shipping of the medication to you.

Medical Service Professionals are independent third-parties who have chosen to use the Get Gambit Platform to provide Healthcare Services. Medical Service Professionals are not employees or otherwise acting on behalf of Get Gambit in providing Healthcare Services;

Medical Service Professionals using the Get Gambit Platform are solely responsible for, and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including compliance with standards of care, record keeping, and other professional obligations. All diagnoses, treatments, prescriptions and other Healthcare Services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Professionals, in their sole discretion, as they deem appropriate.

LIMITATIONS OF TELEMEDICINE SERVICES

You acknowledge that due to its electronic nature, information by you, the user, may not be of sufficient integrity when transmitted (e.g., low resolution images or incomplete description of free-form medical information) to be used for the purposes of diagnosis and clinical decision-making. As such, our allied health care team may reach out to you to clarify such information before a treatment decision is made.

Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

  1. Interactions between a patient and healthcare provider via audio, video, and/or data communications
  2. Electronic transmission of medical records, photos, personal health information, or other data between a patient and a healthcare provider
  3. Lab results and output data from medical devices, sound, and video files.

You are responsible for ensuring that you provide the most updated and comprehensive Health-related information to our care team, the omission of which may result in, but is not limited to, adverse drug reactions from drug interactions or allergic reactions to treatments.

Lack of a complete medical record can further increase this risk; therefore, it is important to provide all medical-related information when requested during intake.

PRESCRIPTION PROVISION

Healthcare providers do not endorse any specific treatment, pharmacy, or branded product. A licensed healthcare provider will only prescribe a medication if deemed clinically appropriate in his/her own professional judgment. There is no guarantee a prescription will be written. Healthcare providers – under the GET GAMBIT platform – will never prescribe certain controlled drugs that may be harmful because of their potential for addiction, dependency, or abuse.

You acknowledge that the prescription you receive shall be for your personal use only. You also agree to carefully read all the information on the prescription label and medical literature, and to contact a member of our Allied Health Team in case of questions.

GET GAMBIT has aligned its clinic and partner pharmacies to provide its patients with delivery of your prescriptions. You reserve the right to get your medications filled at any other pharmacy, though GET GAMBIT cannot guarantee the same level of service, pricing, and free delivery of your treatments.

POLICIES REGARDING YOUR TRANSACTION

Placement of an order does not guarantee prescription issuance, nor does it imply acceptance of an order. An order will only be processed when three conditions are met:

  1. Completion of all prerequisite questions during intake, with comprehensive answers. Our Allied Health Team will reach out to help answer questions that require further clarification or investigation.
  2. The Healthcare Provider’s professional decision to issue a prescription treatment (If the healthcare provider deems a prescription inappropriate, your payment method will not be charged)
  3. Payment processing and authorization from your payment provider

If we are unable to ship your product(s) within 30 calendar days of your completed and authorized prescription, we will cancel your order and notify you of such action.

If a product or service is listed in error due to misprint, GET GAMBIT has the right to refuse the fulfilment of any such order(s) placed because of the errant price, irrespective of whether the order has or has not been confirmed by your payment card merchant. If your payment card has incurred a charge due to this erroneous transaction, we will offer a speedy refund in the amount that was charged.

POLICIES REGARDING TESTOSTERONE AND OTHER CONTROLLED SUBSTANCES

Testosterone replacement therapy and other hormone-replacement therapies are only prescribed by our licensed healthcare practitioners after a full comprehensive review of your medical history and bloodwork panels. Due to the nature of the treatments, you will be required to be assessed and conduct bloodwork at certain intervals determined by the prescribing practitioner, the charges and frequency of which must be agreed to prior to initiating therapy. At 1-month after initiating therapy, all patients are subjected to a comprehensive assessment and bloodwork charge to ensure that treatment remains safe to continue and to facilitate any required dose adjustments. This charge will be automatically deducted 30-days after your prescription has been issued. If you did not initiate therapy after receiving the medication, or delayed the initiation of therapy, you must inform us prior to the 30-day milestone after prescription issuance. Once a licensed healthcare practitioner conducts an assessment and a lab requisition is issued, we will not be able to provide refunds.

If a lab requisition is issued and not completed within 2 weeks of issuance, it is considered a missed assessment and Gambit reserves the right to charge an additional prescription renewal fee equal to the cost of the missed bloodwork assessment during the following medication renewal. Failure or refusal to further comply with testing requirements may result in Gambit contacting the relevant authorities in your jurisdiction for the breach of any applicable laws surrounding controlled substance use and monitoring.

PRODUCT LOSS

Loss of a product that has reached the shipping carrier removes liability of GET GAMBIT; the risk of loss lies solely with you, the user. You Acknowledge that if your medication goes unclaimed at a postal service or delivery failed for any reason, then your medication will be destroyed 1 month after your fill date should you fail to contact Gambit Support by phone, email, or the built-in messaging system on the GET GAMBIT platform.

REFILLS POLICY

You are generally eligible for up to one year (12 months) of refills, unless otherwise indicated by the Healthcare provider. During intake, you have the option of choosing your shipment frequency at 3-month, 6-month, or 12-month intervals. We will notify you via email, phone, or text when you are due for your next refill. We will then ask you to confirm if you wish to have your treatment shipped to the address we have on file.  You refill will be automatically renewed unless otherwise cancelled by you.  You can request that we not complete the refill process at any time before your treatment package is submitted by our pharmacy partner(s) to a shipping vendor.  Please contact us via email at support@getgambit.ca to initiate a stop-refill order.

Note that your refill quantity in the shipment is chosen during intake, while the duration of refills on your file is chosen by the healthcare provider. For example, the Healthcare provider may provide a year’s worth of refills on file, whereas you can choose to have 6-month shipments delivered twice in the year. In this example, your refill quantity every shipment is 6 months, with 1 remaining refill after your first shipment.

SHIPPING POLICY

All orders are processed within 3 business days after a prescription is issued if applicable from the licensed healthcare provider. The healthcare provider will perform a clinical assessment within 48 hours of receiving all prerequisite information. Orders are not shipped on weekends or holidays. Note that shipment delays may occur for numerous reasons, including but not limited to high order volume, shipping vendor issues, medication back-orders etc. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will proactively contact you via email or mobile phone.

You will not incur any charge due to shipping, which is always free, as per GET GAMBIT policy. Upon processing your order for shipping, we will forward you a tracking number by text and/or email notification so that you track the arrival of your personalized treatment. No liability for shipping errors.

RETURNS, REFUNDS, AND EXCHANGES

Prescriptions: according to applicable law, prescription medicines are not permitted to be returned once dispensed, therefore we cannot accept returns or refunds.

Exchanges: we can offer an exchange only for items that are either defective or damaged. We thoroughly inspect all products prior to shipment to ensure their integrity; however, if you receive a defective or damaged item, please contact us via email at support@getgambit.ca to process your exchange, if applicable.

Return Shipping: we can coordinate return shipping to our partner pharmacies for the above-mentioned defective or damaged items. Please contact us via email at support@getgambit.ca.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

YOUR USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums and bulletin boards (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://getgambit.ca/privacy-policy

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website or to other users or persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://getgambit.ca/privacy-policy/
  • In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
  • Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
  • Involve, provide, or contribute any false, inaccurate, or misleading information.
  • Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  • Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

USER SUBMISSIONS: GRANT OF LICENCE

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Conditions of Use and User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION

Company has the right, without provision of notice to:

  • Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

NO RELIANCE

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

PRIVACY

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://getgambit.ca/privacy-policy/, as we deem necessary for use of the Website and provision of services.

By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

ONLINE PURCHASES

All orders, purchases or transactions for the sale of goods, services or information made using this Website are subject to the terms and conditions of sale, also incorporated into these Terms and Conditions.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in Ontario, Canada. We provide this Website for use in the Canadian provinces and territories of: Ontario, British Columbia, Newfoundland and Labrador, Nova Scotia, Nunavut, PEI, Yukon. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Get Gambit including any dispute or controversy arising out of or relating to these Terms of Service, the Get Gambit Website or Get Gambit Services, any interactions or transactions between (1) you and (2) Get Gambit in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a “Dispute”), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.

Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Get Gambit will pay the reasonable arbitration costs.

Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of Get Gambit.

Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

GOVERNING LAW AND CHOICE OF FORUM

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

SEVERABILITY

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Get Gambit regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

REPORTING AND CONTACT

This website is operated by Get Gambit

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to

Email: support@getgambit.ca

Phone: (519) 715-8997