This Terms and Conditions Agreement (“Agreement”) is a legal agreement between you and Healthspan Labs Inc (“Healthspan”, “we”, “us”, “our”), the owner and operator of this website (the “Website”) and provider of services (each a “Service” and collectively the “Services”). It states the terms and conditions under which you may access and use the Website and Services, and all written and other materials displayed or made available through the Website, including, without limitation, reports generated by the Services, risk estimates, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (collectively, the “Content”). Please read it carefully.
By accessing and using the Website or any Services, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website or any Services. Healthspan may revise this Agreement at any time by updating this posting. Use of the Website or Services after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
No Medical Advice on the Website
The Content provided on this Website and any Services is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute thereof. The Content is not intended to be interpreted as a recommendation for a particular treatment plan and you should not interpret any Content as recommending any specific treatment plan, product, or course of action. THE WEBSITE DOES NOT OFFER MEDICAL ADVICE. NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE CONTENT IS NOT INTENDED TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE, OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED, LINKED TO, ADVERTISED ON THIS SITE. THE WEBSITE IS NOT A MEDICAL PROGRAM AND IS NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN.
You should seek the advice of a doctor or other qualified health provider if you are experiencing any symptoms of, or believe you may have, any medical condition, regardless of any information contained within the Content. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from the Content and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website or by using the Services. Always consult with your physician or other qualified healthcare provider before starting a new treatment or stopping any treatment that has been prescribed for you by your doctor or other qualified healthcare provider. Information provided in the Content is not exhaustive and does not cover all diseases, ailments, or physical conditions.
No Clinician-Patient Relationship With Healthspan
The Services provided to you by Healthspan and its medical professionals are not, nor intended or implied to be, a substitute for professional medical diagnosis or treatment, nor do they create a clinician-patient relationship between you and Healthspan or its medical professionals. You are encouraged to confirm any information or advice obtained from or through the Service with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other health care professional. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.
DO NOT USE THE WEBSITE OR SERVICES FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN, QUALIFIED HEALTHCARE PROVIDER, OR 911 IMMEDIATELY. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website or by using the Services.
Use of the Website and Services
Healthspan authorises you to access and use the Website and Services for your personal noncommercial use in Canada in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website and Services are intended only for residents of Canada.
This Website and Healthspan Services are intended for use by individuals 18 years of age and older. Individuals under the age of 18 may not access this Website or the Services. If you are under the age of 18, please do not attempt to create a user account with us at this Website or provide any personal information about yourself to us.
User Account and Submissions
You represent and warrant that the information you provide is accurate and complete and that you will promptly update your user account if any of the information changes. We reserve the right to end your use of our Website or the Services if any information you provide is inaccurate or incomplete. We will ask you to create a username and password for your user account. You are solely responsible for keeping your password confidential and for all uses of our Website and the Services with your user account. You must immediately notify us of any unauthorised use of your user account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
Healthspan does not control the content of any submissions and has no obligation to monitor your user account or information you provide in a submission. Should you complete a submission on this Website, Healthspan does not guarantee that your submission will be responded to. Healthspan reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in Healthspan’s sole discretion, is objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of the information you provide on this Website and the consequences thereof.
Rules of Conduct Regarding User Accounts and Submissions
When using any of the features of the Website, including those which allow you to make a submission, it is a condition of your use of the Website that you do not: 1. Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of Healthspan, imposes an unreasonable or disproportionately large load on the Website infrastructure; 2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation; 3. Post or transmit any submission which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from Healthspan or rights holder; 4. Post or transmit any submission which contains a virus or other harmful component; 5. Post or transmit “junk mail”, “chain letters,” unsolicited mass mailing, or “spam”; and 6. Use or “mine” the Website for commercial purposes, including, without limitation, posting, uploading, or transmitting any submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes.
You must provide a valid credit card number when you create a Healthspan user account. When you provide your credit card information to Healthspan, you authorise Healthspan to charge your credit card when you purchase specific products or Services. You represent and warrant that you are authorised to use such credit card, and you agree to pay all charges incurred using your user account. You agree for your credit card information to be saved to secure file for future transactions on your account. You agree that we may pass your credit card information and related personally identifiable information to our designated Service provider(s) for their use in charging you for the Services ordered by you. We reserve the right to accept or reject orders for any reason. Price and availability of any Service are subject to change without notice (unless you have purchased an ongoing subscription to a Healthspan product or Service, in which case the subscription price paid by you for such Service shall apply during the term of such subscription).
Healthspan fees are strictly for services uninsured by any provincial medical services plan and exclude any publicly insured services. You may cancel your Healthspan subscription at any time; however, Healthspan fees are non-refundable. You agree that Healthspan may elect to discontinue its Services provided to you at any time, for any reason, at which point your subscription fees will be refunded to you on a prorated basis based on the number of months already completed.
When you provide your credit card information to Healthspan and purchase an annual subscription, YOU AUTHORISE HEALTHSPAN TO CHARGE YOUR CREDIT CARD ON AN ANNUAL BASIS FOR THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION. You will not be charged for any services outside of the annual subscription unless you choose to purchase additional products or services that are not included.
Healthspan Products and Services
MyMetrics subscription includes:
An annual blood draw performed in-home by a phlebotomist where available.
One-on-one consultation with a Healthspan Nurse Practitioner to review results after each blood draw (i.e., once annual plus any additional blood draws purchased).
Access to the Healthspan Dashboard to view results.
Access to ordering additional Healthspan tests.
MyHealthspan MD subscription includes:
Two annual blood draws performed in-home by a phlebotomist where available.
Access to the Healthspan Dashboard to view results.
Access for your primary healthcare provider to the Healthspan Dashboard to view your results.
Healthspan will attempt to engage your primary care provider to provide you at least two dedicated visits per year for the purposes of reviewing your Healthspan Metrics Services results and preventative medicine counselling. If you do not have a primary healthcare provider or if your primary care provider does not wish to participate in the Healthspan review and preventative medicine counselling, then Healthspan can refer you to a different medical doctor for the sole purpose of providing preventative medicine counselling services. Healthspan will engage that doctor to provide you at least two dedicated visits per year for the purposes of reviewing your Healthspan Metrics Services results and preventative medicine counselling.
One-on-one consultation(s) between a Healthspan consultant (which may be a medical doctor) and your primary health care provider or Healthspan medical doctor. This is done for the purposes of education and does not constitute a duty of care between you and the Healthspan consultant.
Access to ordering additional Healthspan tests.
With an active MyHealthspan membership, the following additional services are also available for purchase:
Vo2 max test, blood pressure, and heart rate with a kinesiologist where available.
Genetic testing for cancer risk screening.
Genetic testing for cardiac conditions screening.
Additional blood draws.
For more information about these additional services, please contact Healthspan directly. For specific privacy policies of Healthspan’s partner companies, please visit the websites or contact Healthspan directly.
Participation in Healthspan Services is entirely voluntary. You may cancel the Service at any time. Healthspan reserves the right to refuse individuals to enrol in the services.
Possible benefits of participation in Healthspan Services may include early detection of medical issues and better knowledge that can inform your decisions that can affect your overall wellness, such as positive behaviour changes. The purpose of genetic analysis is to reveal your genetic potential for certain traits, including those for cancer risk and cardiac conditions. Be aware that although you may have a higher genetic potential for a trait, you may not have that trait.
The Services may alert you to potential health conditions that you were not aware of before your participation in Healthspan Services. You may experience stress or emotional or physical discomfort when you learn about health conditions or potential health conditions. You should follow up with your doctor after reviewing the results of any of your Healthspan medical tests. Healthspan makes no representations regarding the accuracy of the Services, including the results of any medical or genetic tests. You may have a disease or condition even though the results of your tests are in the normal range; or you may not have a disease or condition even though the results of your test are outside of the normal range. You must use at your own risk all information provided by Healthspan to you.
Blood Tests: Although the risks and discomforts associated with a blood test are very low, you might be at risk for excessive bleeding, fainting, or feeling light-headed, hematoma (blood accumulating under the skin) or infection (a slight risk any time the skin is broken). While the possibility of this happening is very small, you should still be aware of the possibility. If you feel discomfort or other symptoms, tell the person drawing your blood right away. If at any time during the blood draw or 24 hours after you feel unwell or ill, you should seek medical help right away.
Genetic Tests: The Healthspan genetic service is not a genetic diagnosis of disease, and it is not intended to identify any medical conditions. It does not provide any guarantee, medical diagnosis or specific medical advice.
VO2 Max Tests: A VO2 max test is a maximal exercise test. Physical activities involved in this test may be strenuous and uncomfortable. Like any physical exercise, VO2 max testing could lead to an adverse medical event, such as a cardiac emergency or musculoskeletal injury.
There may be other risks to participation in medical tests that no one can foresee.
Any tools or calculators that may be provided on the Website are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.
Unless specifically stated, we do not recommend or endorse any specific brand of products, Services, procedures, or other information that appears or that may be advertised on the Website.
Disclaimer of Warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While Healthspan endeavours to provide information that is correct, accurate, current, and timely, Healthspan makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
Accuracy and Integrity of Information
Healthspan cannot and does not guarantee the accuracy, completeness, or timeliness of your Healthspan report or any other content, whether provided by our licensors, our suppliers or us. It is possible that the Content may include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions and alterations could be made to the Content by third parties. If you find something that is inaccurate in the Content, please inform us so that it can be corrected. Information contained within your Healthspan report or other content may be changed or updated by Healthspan without notice. Any opinions, advice, statements or other information expressed or made available by third parties via our Website are those of the respective third party and not necessarily those of Healthspan. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HEALTHSPAN NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
Limitation of Liability
In no event shall Healthspan, its administrators, contractors, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance of the Services (whether performed by a Healthspan professional or another provider referred by Healthspan to you), Website, or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Healthspan knew of or ought to have known of the possibility of such damages. Healthspan also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall Healthspan, its administrators, contractors, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or Services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Healthspan knew of or ought to have known of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Healthspan and its administrators, contractors, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
The Content is protected by copyright law and is owned by Healthspan and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Healthspan.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and non-exclusive licence to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern.
Healthspan is an unregistered trademark of Healthspan Labs Inc. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of Healthspan or third parties. While certain trademarks of third parties may be used by Healthspan under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between Healthspan and Healthspan of the trademark or to imply that Healthspan endorses the wares, Services, or business of Healthspan of the said trademark.
The Website may contain links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by Healthspan of any third-party Website or the content thereof. Unless expressly stated, Healthspan does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or Services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
While Healthspan encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Healthspan; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. Healthspan reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Healthspan.
Communication with the Public
Healthspan does not wish to use this Website or Services as a general means of communication with the public. If you wish to contact Healthspan regarding questions or comments, please do so by emailing firstname.lastname@example.org.
Any information sent or received over the Internet is generally not secure. Healthspan cannot guarantee the security or confidentiality of any communication to or from the Website.
Modification to Website
Healthspan reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. Healthspan shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.
Use Prohibited Where Contrary to Law
Use of this Website is unauthorised in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing Law and Jurisdiction
The Website is operated by Healthspan from its offices within the province of British Columbia, Canada. You agree that all matters relating to your access or use of the Website, its Content, and the provision of Services shall be governed by the laws of the province or territory of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of British Columbia with respect to all matters relating to your access and use of the Website, its Content, and the provision of Services as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of British Columbia and of Canada.
Any consent by Healthspan to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Healthspan may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, or Services at any time without notice. In the event of termination, you are no longer authorised to access the Website or Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. Healthspan shall not be liable to any party for such termination.
Questions or Comments
For any questions, concerns, suggestions, or comments regarding the Website, please contact us at email@example.com. Please include your name and contact information if you would like us to respond to you.