YOUR ACCEPTANCE OF THIS AGREEMENT

 

This is an Agreement between you (or “user”, “your”) and Sail Health Inc. (or “Sail Health”, “we”, “us”, “our”, "company"). It governs your use of the website, www.sailcannabis.co, (the “Site”) and portal, www.portal.sailhealth.uk/, (the “Portal”) and Applications (the "App") (collectively, the “Site Services”) offered by Sail Health.

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You acknowledge and agree that, by clicking on the “agree” button, or accessing or using the Site Services, or by downloading or posting any content from or through the Site Services, you are indicating that you have read, and understand and agree to be bound by, the terms and conditions (the “terms”) contained below, whether or not you have registered via the site, portal or app. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself. You have no right to access or use the services unless you agree to these terms.

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Please read this document carefully.

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This Agreement incorporates by reference the Sail Health Privacy Policy. Sail Health reserves the right, at its sole discretion, to modify, discontinue or terminate the Site Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site, Portal or App, or provide you with notice of the modification. By continuing to access or use the Site Services after we have posted a modification via the Site or Portal or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Site Services.

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HOW SAIL HEALTH WORKS

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The Site Services provide an online communications tool and health information storage system. It allows health care providers who have a subscription to use the Site Services (“Health Care Providers”), to upload prescription information for dispensing Medical Marijuana (“MM”) as well as other personal health information such as their clinical notes, records, test results, charts, health card number, contact information, and other information they may collect or have been provided from you in the course of providing you medical care.

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It also allows licensed producers of MM (“Licensed Producer”) to receive a record of personal health information containing your name, date of birth, medical diagnosis, quantity of marihuana to be used each day, and term of the use and registration forms containing your home address, telephone number, email address, gender, date of birth, and such other information as you provide, so that they may fill the request for MM issued by your Health Care Provider issues.

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The Portal allows you to select and communicate with a Licensed Producer and a Health Care Provider of choice and view a portion of your personal health information. You agree to never use the Site Services to communicate urgent, emergency, nor any other communication which would result in injury or loss to you if it does not come to the attention of the Health Care Provider or Licensed Producer.

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All of the personal information and personal health information referred to above is collectively referred to as “Personal Health Information” throughout these Terms.

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Sail Health improves the workflow between Health Care Providers and Licensed Producers by allowing users to securely access and electronically verify medical documents and complete registration applications. All documents are stored electronically by Sail Health within a Service Organization Control (SOC) 2 Tier 3 data storage facility which limits unauthorized access and regulates transmission of the documentation. Sail Health assists Health Care Providers and Licensed Producers in creating traceable and auditable documentation to ensure compliance under the MMPR guidelines and applicable privacy legislation.

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The Site Services provide an online venue where an individual (a “Patient”) can connect with a Health Care Provider and Licensed Producers offering their services. Patients are given the ability to manage appointments, access pre-populated forms, and view patient history to provide improved quality care.

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ACCEPTABLE USE

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To utilize the Site Services, you will be asked to create an account or have an account created for you and will accordingly create a username, password and other such access information. We shall exercise standard confidentiality measures to secure such information, however, it is the responsibility of the User to keep this information safe and not disclose it to third parties on the Website or otherwise. We therefore do not accept responsibility and shall not be held liable for misuse of your account in any manner due to your disclosure of your account details and access information to third parties.

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In the event your account access information has been lost, stolen or otherwise disclosed, you shall immediately change the username and password through the account profile feature on our Site Services, or immediately notify us.

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Users acknowledge and accept that their account on the Site Services is non-transferable and may not be sub-licensed or used by any person other than the individual who created the account.

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Users agree not to use the Site Services in any way or action that may:

 

Cause damage to, or impair the performance of, the Site Services, inclusive of its availability and accessibility to Users and the Company;

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Be illegal, fraudulent or harmful to any person or company in any direct or indirect manner and;

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Use the Site Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

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Users agree that you shall not engage in any of the following activities in connection with your use of the Site Services:

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post information or material on the Site Services, inclusive of the online communication portals, that is obscene, defamatory, threatening or malicious in nature or any material or information that is prohibited by law.

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Not publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting.

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Infringe or use the Sail Health brand, logos and/or trademarks in any business name, email, URL or another context unless expressly approved in writing by Sail Health, as applicable;

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Attempt to circumvent any protective technological measure associated with the Site Services;

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Attempt to access or search the Site Services or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;

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Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;

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Impersonate or misrepresent your affiliation with another person or entity;

 

Harvest or otherwise collect information about others, including email addresses;

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Interfere with or disrupt any of the Site Services or the associated computer or technical delivery systems;

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Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site Services;

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Fail to respect another user’s privacy. This includes revealing another user’s password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or

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Use the Site Services or any Sail Health content in any manner not permitted by these Terms.

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We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we know is a child under the age of 18. If a Healthcare Professional comes to the realization that they are speaking to a Patient who is under the age of 18 without parental or legal guardian supervision, they are must report them immediately to us using the email address: support@sailhealth.co. Should the Healthcare Professional be remiss in providing us with this notification, both the Healthcare Professional and the Patient will be deemed as having violated our Terms.

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Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Site Services.

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Users accept responsibility for the quality of any information supplied to us in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded text.

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All interactions between Users must be carried out in a responsible, ethical, professional and legal manner.

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We may (but are not obligated to) do any or all of the following without notice:

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Record or pre-screen submissions to public areas within the Site Services;

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Investigate your use of the Site Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;

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Remove any User content which we believe does not comply with these Terms of Use;

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Terminate your access to the Site Services upon our determination that you have violated these Terms of Use; and

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Edit the Site Services and any Sail Health Content without notice.

 

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COPYRIGHT

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Subject to the express provisions of these Terms:

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We own and control all the copyright and other intellectual property rights in the Site Services and the material used on the Site Services; and

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All the copyright and other intellectual property rights in the Site Services and the material used on the Site Services are reserved by us.

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All materials posted on this Site Services are protected by the relevant copyright laws and in foreign countries. Sail Health authorizes you to view or download a single copy of the material on the Site Services solely for your personal, non-commercial use.

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Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Sail Health All rights not expressly granted herein are reserved to Sail Health and it’s licensors.

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If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

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Sail Health has several tools that allow you to record and store information. Users are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Sail Health passwords or accounts. You grant Sail Health and all other persons or entities involved in the operation of the Site Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site Services. Sail Health cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Sail Health tools and services.

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AUTHORIZATION AND ACKNOWLEDGEMENT

When a User visits the Site Services or sends us e-mails, they are communicating with us electronically, and they hereby consent to receive communications from us electronically. We will communicate with Users by e-mail or by posting notices on this Website or on the Sail Health App. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with and maintain on their Site Services account profile, including their current and active email address. If Users do not wish to receive certain communications from the Website, they have the ability to opt out by declining the service offered or by informing us that they no longer wish to receive such communications. Further information on the opt-out feature and instructions for its use are available on the Site Services or may be provided via email upon request. We will comply with your request to opt-out unless such communications are necessary for the administration and subsequent use of your account, required by law, or necessary to protect our rights.

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We may share Users’ personal information with the Company’s affiliates and partners and third parties licensed to access User personal information. We sometimes provide aggregated usage or tracking information collected from this website to third parties. We may also provide certain User personal information to third parties which provide services to us in operating the Site Services or our businesses, such as account services, web hosting, software development, and information processing.

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NO RELATIONSHIP

Healthcare Professionals are independent contractors who use our online platform to provide information to Patient(s). They should therefore not be construed in any manner as employees or agents of the Company.

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WARRANTY

We do not warrant or represent:

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The completeness or accuracy of the information published on the Site Services;

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That the Site Services, in whole or in part, will remain accessible and available for use.

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We reserve the right to discontinue, alter, modify, change or otherwise, all or any part of the Site Services, and to stop publishing at any time, at our sole discretion, without any notice or explanation. As a result of any discontinuation, alteration, modification, change or otherwise, Users shall not be entitled to any form of compensation or other payment upon any such discontinuance or alteration of the Site Services.

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We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Site Services and the permitted use of the Site Services other than expressly stated herein.

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LIMITATION OF LIABILITY

In no event shall the owner, directors, employees, agents, and licensors be held liable for any loss or damages of any kind including, without limitation, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with the Users use, misuse, or reliance upon the Site Services or the content, or their inability to use the Site Services, regardless of the cause and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

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Our Site Services and its services should not be used for medical emergencies or urgent health matters.

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You agree to provide and maintain true, accurate, current and complete information about yourself in terms of health status and medical history.

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Healthcare Professionals shall use the services to share content with Patients. Use of this content is not a substitute for healthcare that would be provided at a hospital, clinic or another medical facility. Patients are not recommended to forgo medical care that could be obtained at a medical facility in exchange for the services and information provided by our Site Services.

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No licensed medical professional/patient relationship is created when Patients use the services provided on the Site Services and therefore information exchanged between Users is not confidential nor is it subject to any type of immunity.

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We do not hold responsibility for the quality, accuracy or legitimacy of any information provided to Patients over this Website, whether by Healthcare Professionals or otherwise. You hereby acknowledge and agree that your acceptance of information provided to you by a Healthcare Professional is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations or content thereof made available to you by a Healthcare Professional.

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We cannot guarantee the availability of any Healthcare Professional at any particular time. Healthcare Professionals are liable for canceled or otherwise unfulfilled online sessions, or any injury resulting therefrom, or for any other injury resulting in or arising from, or related to, their use of the Site Services.

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Users accept that we have an interest in limiting the personal liability of our partners, officers, employees and representatives and, having regard to that interest, Users agree that they will not bring any claim against the Company or any of our partners, officers, employees and/or representatives in respect of any losses they suffer in connection with the Site Services or these Terms.

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RESTRICTION OF ACCESS

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We reserve the right to ban, disqualify, or otherwise restrict Site Services access of any User who has been found to have violated the Terms herein, under the sole discretion of the Company, or who is otherwise found to have violated any laws or regulations of any relevant governing authority with regards to appropriate online conduct and behaviour.

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Should your account be banned, the period of your ban shall be determined at our sole discretion and shall depend on the seriousness of your violation of our Terms or of the relevant law. The period of your ban shall be communicated to your email address which was provided at the time of your registration.

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If your account has been placed on a ban we expect you to oblige and act in good faith. You, therefore, must not create a new account under another username and email address on our Site Services or on any of our affiliate websites which have been modified to geographically suit Users.

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TERMINATION AND MODIFICATION

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You may choose to terminate your use of our Site Services at any time by either:

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deleting or suspending your account on our Site Services; or

sending us an email at support@sailhealth.co of your decision to discontinue use of our Site Services, following which we may provide you with instructions on how to delete or suspend your account from our Site Services.

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Should you wish to terminate your account, any amounts owed to you by the Company shall be cleared within 30 days from the date of termination. You will be charged bank transfer fees for this payment.

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Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive):

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breaches or violations of these Terms or other incorporated agreements or guidelines;

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requests by law enforcement or other government agencies;

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a request by the Healthcare Professionals;

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discontinuance or material modification to the Services (or any part thereof);

technical or security issues or problems;

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extended periods of inactivity; and/or

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your engagement in fraudulent or illegal activities.

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Users agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Site Services.

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DISCLAIMER

THE SAIL HEALTH WEBSITE, SERVICES, SAIL HEALTH APPS AND SAIL HEALTH CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SAIL HEALTH WEBSITE, SERVICES, SAIL HEALTH APPS AND SAIL HEALTH CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MEDSCAPE NETWORK. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE WEBSITE NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.

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INDEMNITY

Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Sail Health Website, Services, Sail Health Apps and Sail Health Content, or your violation of these Terms.

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NOTICE AND TAKE DOWN PROCEDURES AND COPYRIGHT AGENT

If you believe any materials within the Website infringe your copyright, you may request removal of those materials (or access thereto) by contacting us and providing the following information:

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Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

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Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.

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Your name, address, telephone number and (if available) e-mail address.

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A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

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A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

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A signature or the electronic equivalent from the copyright holder or authorized representative.

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We may terminate the account of any User who we determine is a repeat infringer.

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SEVERABILITY

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If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.

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WAIVER

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If we fail to insist upon strict performance of any of the Users obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.

Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).

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THIRD PARTY RIGHTS

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This contract is between the Users and us. No other party shall have any right to enforce any of its Terms unless expressly stated in these Terms, or authorized in writing by the Company.

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COMMUNICATION

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If Users of the Site Services wish to contact us in writing, or if any clause in these Terms requires a notice in writing, they may send us an e-mail at support@sailhealth.co We will confirm receipt of any email by contacting the User in writing by e-mail.

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FORCE MAJEURE

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We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving the Company’s employees), or acts of local or central government or other competent authorities.

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