Terms of use

Terms of Use
These Terms of Use apply to the websites owned and operated by Biocean, including but not limited to, the websites located at: www.aquanutrition.ca, www.biocean.ca, www.bioceancanada.ca, www.bioceancanada.com, www.oceanplus.com and www.oceanplus.info (collectively referred to as the “Site”).

Your use of the Site
By accessing and using the Site you agree to be bound by these Terms of Use. Specific rules may apply to certain sections of the Site, and you hereby agree to be bound by such rules.

Your access and use of this Site is also subject to our Privacy Policy .

We may revise these Terms of Use at any time. Use of the Site after such changes are posted on this webpage will signify your agreement to the revised Terms of Use.
You acknowledge and agree that your use of the Site, submission of comments or questions, forums, and access to or use of any other content is entirely at your own risk. The Site and all content is provided as is.

You represent and warrant that you are at least 18 years old or that if you are under 18 years old, your access of this Site is with the consent of your parent/guardian.
Biocean may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Site (or any portion thereof), including for reason of your breach of these Terms of Use.

You may print or save a copy of these Terms of Use for your records.

These Terms of Use and the Privacy Policy constitute the entire agreement between Biocean and you pertaining to your use of the Site.

Your UserID and Password
To use certain features of the Site, you may be asked to register or sign in, or choose a User ID or password, which you will receive through the Site registration or sign-in process. Your ID, password or account are solely for your own personal use and benefit. You agree not to disclose your User ID or password to any third party nor permit any third party to use your account.

You are responsible for maintaining the confidentiality of your User ID, password and account, for keeping them up to date, and for all activities that that occur through your account. If you lose control of your User ID, password or account, you may lose control over your personal information and may be subject to legally binding actions taken in your name or on your behalf. You agree to immediately notify Biocean of any unauthorized use of your password or account or any other breach of security that you become aware of.

You agree to not transmit, upload or otherwise circulate any Content or Information (defined below) that is found in a password-restricted portion of the Site.

You agree to provide true, accurate, current and complete information about yourself as prompted by any registration form. You must maintain and promptly update the information you provide to keep it true, accurate, current and complete.

If Biocean has reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, Biocean can suspend or terminate your access to and use of the Site (or any portion thereof). Biocean’s use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

Contact Us / Comments
When using the “Contact Us” or “Comments” feature of the Site, you must not post or transmit any content which:

is unlawful, threatening, abusive, offensive, libellous, exploitative, harassing, defamatory, obscene, vulgar, pornographic, racist, profane or indecent, including swear words or insults;
violates or infringes upon the rights of others, or which is protected by any intellectual property rights without permission of the rights holder;
contains, provides or creates computer viruses or other harmful components, or disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Site;
contains junk mail, chain letters, unsolicited mass mailings, or spam, or engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes;
you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
impersonates or misrepresents your affiliation with any person or entity, through pretexting or any other fraud.

You agree that Biocean has no responsibility or liability for the deletion or failure to store any messages or other communications transmitted to our Site.

Prohibited Uses of the Site
The following are prohibited:

soliciting passwords or personal identifying information from other users, for commercial or unlawful purposes;
use or attempt to use another’s account, User ID or password, service, system or other information without prior written authorization;
restricting or inhibiting any other user from using and enjoying the Site, interfering or attempting to interfere with the proper workings of the Site, or imposing an unreasonable or disproportionately large load on the Site infrastructure;
use of the Site or any content of the Site for commercial purposes without the prior written permission of Biocean;
collecting or storing personal data about other users of the Site without their express permission;
attempting to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;
using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site, in whole or in part.

Ownership and Intellectual Property
The Site and all content, images and materials displayed or otherwise accessible through the Site, including, without limitation, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright laws, and are owned by Biocean or the party credited as the provider of the Content.

Biocean grants you a limited non-exclusive, non-transferable license to use and display, on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.

You shall abide by all additional copyright notices, information, and restrictions, on or contained in any of the Content accessed through the Site. Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the Internet, transmission, redistribution or other exploitation of the Site or of any Content, whether in whole or in part, other than expressly set out herein, is prohibited without Biocean’s or the owner’s express written permission.

BIOCEAN, OCEAN+, NOXVP, NATICOLL, and O+ are the trademarks of Biocean. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may be registered or unregistered trademarks of Biocean or third parties. Any use of any trademarks appearing on the Site without the express written consent of its owner of strictly prohibited.

You are not granted any right, title, interest or other license in or to any intellectual property featured in the Site, embedded or integrated into the Site, or made available for download from the Site.

If you think your intellectual property rights have been infringed by the contents of this Site, please advise us in writing at the following email address: info@oceanplus.info. Please provide the following information:

Identification of the work(s) or material(s) you claim have been infringed, with the location of the work(s) or material(s) on the Site.
A statement that you believe, in good faith, that the work(s) or material(s) represent infringing and unauthorized uses; that the information you provide to us is accurate, under penalty of perjury; and that you are authorized to act on behalf of the owner of the work(s) or material(s). Your physical or electronic signature is required.
Your contact information.

No Representations or Warranties
The information contained on the Site is for informational and entertainment purposes only.

The Site may make available certain information provided by Biocean or third parties related to health, natural health, scientific, medical or fitness related matters (the "Information").

The Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Site does not replace consultations with a qualified medical or other relevant professional.

The Information may contain health-related and medical-related facts, views, opinions, recommendations, descriptions of, or references to, products, services and medications. Such Information is: (a) for informational purposes only; (b) not to be used or construed as a substitute for professional medical advice, diagnosis, or treatment; (c) not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Reliance on any Information on, or accessible through, the Site is solely at your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.

While the Information is frequently updated, this information changes rapidly and therefore, some of the Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Information rests with you.

You further agree that Biocean, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Information.
Biocean makes no representations, warranties or guarantees regarding the Site, Content or Information, including, without limitation, no representations, warranties or guarantees:

that the Site, Content or Information will be accurate, complete, reliable, suitable or timely;
that any Content or Information, including, without limitation, any information, data, software, product or service contained in or made available through the Site will be of merchantable quality or fit for a particular purpose;
that the operation of the Site will be uninterrupted or error free, or that defects or errors in the Site will be corrected;
that the Site will be free from viruses or harmful components; and
that communications to or from the Site will be secure or not intercepted.

Limitation of Liability and Indemnification
In no event shall Biocean, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for, without limitation:

Any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense of any kind, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, arising in any manner whatsoever, including but not limited to:

your use of the Site, Content or Information generally;
the acts, omissions or conduct of Biocean, of any third-party user of the Site, or of any advertiser or sponsor of the Site;
any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the Site;
the failure of Biocean or your failure to protect your UserID, password, or submissions through the “Contact Us” or “Comments” feature of the Site;
any damage to your computer system or other device or loss of data;

even if Biocean knew of or ought to have known of the possibility of such injury, loss, damage or expense.

Any injury, loss, damage or expense of any kind exceeding $100 Canadian.

You agree to indemnify Biocean, its affiliates, and their respective directors, officers, partners, employees, representatives, contractors, successors and assigns, from and against any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense of any kind, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, arising in any manner whatsoever, including but not limited to those listed above.

Biocean reserves the right, at its own expense, to assume the exclusive defence and control of any claim related to the Site or your use or misuse of the Site, in which event you agree to cooperate with Biocean and its counsel, as necessary.

Third-Party Sites
Any third-party websites linked to or from this Site may have different terms and conditions. Biocean has no control over such third-party websites. You should carefully review these other websites' terms and conditions to determine how each website may use any personal information you provide. These Terms of Use are no longer applicable when you leave our Site by way of link. If you decide to access or use any linked website or content, materials, software, goods or services from a linked website, you do so entirely at your own risk.

While we encourage links to the Site, we do not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful, false, fraudulent, threatening, abusive, offensive, libellous, exploitative, harassing, defamatory, obscene, vulgar, pornographic, racist, profane or indecent information of any kind. We reserve the right to prohibit or refuse to accept any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to immediately remove any link you may have to the Site upon our request.

Governing Law
You agree that your use of the Site is governed by the laws of the Province of Quebec and the laws of Canada applicable in Quebec.