Viaguard Inc. Terms and Conditions for Products and Services

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your use of the Viaguard Inc. website and services, including the purchase of products or services through the website or any other means (“Service” or “Site”). By accessing and using the Site, purchasing any products or services, or interacting with any content provided by Viaguard Inc. and its affiliates (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Site or Service. The Company reserves the right to update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically. Your continued use of the Site or Service after such modifications constitutes your acceptance of the updated Terms.

2. Disclaimer: No Medical Advice

The content, products, and services provided by the Company, including but not limited to test results, health information, and educational content, are for informational and educational purposes only.

• No Medical Advice: The Company does not offer medical, diagnostic, or therapeutic advice. The information provided on the Site and through our services should not be interpreted or treated as professional medical advice, diagnosis, or treatment. You should consult a qualified healthcare provider for any medical concerns or conditions. Do not disregard professional medical advice or delay seeking it based on information provided by the Company.
• Consult a Healthcare Professional: Before acting on any information or results from the Company’s products or services, you are strongly advised to consult with a licensed healthcare professional. The results of the Service are not intended to diagnose, treat, prevent, or cure any condition, and you should not rely solely on the information provided through our Site or Service.

3. Limitation of Liability for Use of Products or Services

The use of the products or services provided by the Company is entirely at your own risk. The Company disclaims any and all liability for the outcomes, interpretations, or reliance on the information provided by the Service.

• Assumption of Risk: By purchasing and using the Company’s products or services, you understand and acknowledge that any actions taken based on the information provided are at your own discretion and risk. The Company is not responsible for any injury, harm, or damages that may occur as a result of your use of the Site, products, or services.
• No Liability for Third-Party Use: The Company is not responsible for any claims, damages, or liability arising from the use of test results or information by third parties, including but not limited to healthcare professionals, insurers, employers, or other entities to whom you may provide your results.

4. Product Descriptions and Information

All product and service descriptions, images, and other information displayed on the Site are provided for informational purposes only and do not constitute medical or professional advice. The Company strives to ensure that the information on the Site is accurate and up-to-date, but does not guarantee that it will be free from errors, inaccuracies, or omissions.

• Product and Service Limitations: The Company makes no representation that the results of any test will meet the specific needs or requirements of any individual user or third party. The Company does not guarantee that the products or services provided will yield particular outcomes, and the results are not intended to meet any legal or professional standards unless expressly stated.

5. Medical and Health Disclaimer

All content, including testing results, health-related articles, blogs, and other information provided by the Company is for educational purposes only. It is not intended to be used as a substitute for professional medical advice, diagnosis, or treatment.

• Not Professional Advice: The Company does not provide medical advice or professional recommendations. You should always consult with a licensed physician, healthcare provider, or specialist before making any decisions based on the information provided on the Site or through the use of our products or services.
• No Guarantee of Accuracy: While the Company strives to provide accurate and reliable information, there is no guarantee that the information on the Site or provided by our services will be entirely accurate, complete, or up-to-date. The Company disclaims any responsibility for the accuracy, reliability, or completeness of any information or content provided.

6. No Guarantee of Product or Service Outcomes

The Company does not warrant or guarantee that any product or service you purchase will meet your expectations, achieve particular results, or be suitable for your intended use. All results from the Company’s testing services are subject to limitations, including but not limited to the quality of biological samples provided, and environmental or technical factors.

• Disclaimer of Warranties: The products and services offered by the Company are provided “as is” and “as available” without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company expressly disclaims any warranty that the products or services will be error-free, uninterrupted, or will meet any specific requirements.
• Liability Limitation: The Company is not liable for any damages resulting from the use of, or inability to use, the products or services, including but not limited to direct, indirect, incidental, punitive, and consequential damages, even if the Company has been advised of the possibility of such damages.

7. Refunds and Return Policy

All sales of products and services are final, and no refunds or returns will be granted except in cases where the Company, in its sole discretion, determines that a refund is warranted.

• Non-Refundable Services: Once a product or service is purchased and the testing process has commenced, the sale is final, and no refunds will be issued unless a significant error on the part of the Company has occurred. Any requests for refunds must be submitted in writing and will be reviewed on a case-by-case basis.
• Limited Circumstances for Refunds: Refunds may be considered only in cases of material errors by the Company or if the product delivered does not conform to the description on the Site. Any refunds issued will be at the sole discretion of the Company and subject to any applicable deductions for shipping, handling, and processing fees.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising out of:

• Your use of the Site or Service,
• Your violation of these Terms,
• Your submission of inaccurate, incomplete, or false information to the Company,
• Any claims by third parties resulting from your use of products, services or reliance on the information provided by the Company.

9. Third-Party Websites and Links

The Site may contain links to third-party websites for informational purposes. The Company is not responsible for the content, accuracy, or availability of any third-party websites. The inclusion of such links does not imply endorsement by the Company.

• No Liability for Third-Party Content: The Company disclaims any responsibility for the content, products, services, or actions of any third-party websites linked to or referenced on the Site. Access to third-party websites is provided “as is,” and your use of third-party websites is at your own risk.

10. User Conduct and Obligations

By using the Site and Service, you agree to the following:

• You will not engage in any activity that interferes with or disrupts the Site or Service, including unauthorized access or hacking attempts.
• You will not submit any false, misleading, or inaccurate information in connection with your use of the Site or Service.
• You will not use the products or services in any unlawful manner, including for purposes of fraud, identity theft, or any other criminal activity.

11. Governing Law and Jurisdiction

These Terms and Conditions, and any disputes arising from your use of the Site or Service, shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

• Exclusive Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Ontario, Canada, and you consent to the jurisdiction of such courts.

12. Force Majeure

The Company is not liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to natural disasters, wars, strikes, labor disputes, government actions, or technical failures.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Site and purchase of products and services and supersede any prior agreements or communications, whether oral or written.