Privacy Policy

Your privacy is important to Win-Shield Medical Devices Inc. (“Win-Shield”, “we”, “us”, and “our”). We have adopted this Privacy Policy to ensure that personal information in our control is protected by appropriate means. We regularly assess ourselves to ensure that customer privacy is respected. We conduct business in a manner that fulfills our commitment to privacy.

Our most important asset is your trust. Keeping your information secure is a top priority for Win-Shield.

Definitions

Cookies – A message given to a web browser by a web server. The browser stores the message in a text file. The message is then sent back to the server each time the browser requests a page from the server.

Clear GIFs – Typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website. The use of a clear gif allows the site to measure the actions of the visitor opening the page that contains the clear gif.

De-Identified Data – Information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.

Customer – A person receiving or registered to receive Win-Shield products and Services.

Personal Information – information about an identifiable individual. When a site visitor clicks on the “Ordering” tab on our website, and they complete the required contact information Win-Shield collects and stores the following types of Personal Information: name, title, organization, phone#, address, email and the message they add.  The information they provide allows us to contact them and discuss their interest in our device(s).

Self-Reported Information – all information about yourself, including your name, email address, phone number, survey entries, disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Win-Shield account.

Service or Services – Win-Shield’s products, deliverables, software, services, and website(s) (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user. Any new features that augment or enhance the foregoing shall be considered a Service and subject to this Privacy Policy. The Services include any Services available or accessed through Win-Shield’s third-party vendors and business partners.

Why We Collect Information and How We Use It

·      Registration Information. When you confirm that you are interested in making a purchase, we will collect Personal Information, which may include your name, payment information, contact information and shipping address, e.g. email, and phone number.

·      Self-Reported Information. You have the option to provide us with additional information about yourself through surveys, forms, features and applications.

·      Web Behaviour. We collect both your personally identifiable information and certain non-personally identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, etc.).  This information allows us to determine the effectiveness of any targeted broad and localized web and marketing efforts.

·      Other. We continuously work to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our Privacy Statement and/or obtain your prior consent as needed.

Win-Shield cloud storage

 Our website data is stored via our site provider in multiple Tier III data centres across the United States. Images and other static assets are served via multiple geographically distributed content delivery networks (CDNs). This system ensures that the data in each page view is served from the data centre closest to the visitor’s location. Our website is hosted across a private cloud with full redundancy. If a primary service fails, our service provider can switch to a backup service. Their operations team monitors our website 24x7 and is ready to respond to incidents within minutes of detecting an anomaly.

As we continue to develop and grow, we may buy or sell parts of our business. As an important part of our business includes the relationships with our customers, employees and contractors, personal information would generally be one of the assets which would be transferred or transitioned to a third-party purchaser.

We may collect anonymous/non-personal information and business information or render anonymous information we have about you. Because this information is no longer Personal Information, it is not governed by this Privacy Policy.

Payment

Until further notice, there is no functionality within on our website to accept or receive payments.  All transactions related to the purchase of our devices featured on our website will be carried out via in-person or direct email communication(s). 

Types of Information We Collect

We only collect your personal information if you voluntarily submit the information to us when using our Services. Typical information we may collect includes:

Name, title, organization, phone#, address, email and the content of the message added.  The information provided to us allows us to contact the user and discuss their interest in our device(s).

We will limit the collection and use of personal information to that which we believe is necessary for the purposes we have identified to you, including without limitation, the purposes identified above, using means which are fair and lawful. Although we will collect your personal information primarily from you, we may also collect it from external sources.

The Win-Shield Website

Like many other websites, we automatically collect certain non-personal information regarding website users that does not identify you. Examples include the Internet Protocol (IP) address of your computer, the IP address of your internet service provider, the date and time you access our website, the internet address of the website from which you linked directly to our website, the operating system you are using, the sections of our website you visit, the website pages read, and images viewed, and the content you download from our website. Our website uses “cookies”, a technology that installs a small amount of information on a user’s computer to permit the website to recognize future visits using that computer. Cookies enhance the convenience and use of our website. We may allow other companies to use cookies, or use electronic images (e.g., Clear GIFs) that allow a website to count users who have visited that page, to access certain cookies, track the activities of visitors, help us manage content, and compile statistics about usage among other things. We and our third-party service providers also use Clear GIFs in HTML e-mails to our customers to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded. We also may use cookies or log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions. You may choose to decline cookies if your browser permits but doing so may affect your use of our Services and your ability to access certain features or engage in transactions through our website.

Third-Party Services

We use third-party services to understand how our users interact with our Services, improve the user experience, and provide our customers with more meaningful content.

We may use analytics (e.g. Google Analytics) to evaluate and improve our Services. These entities may use Cookies and other tracking technologies. We do not share your Personal Information with these third parties.

Third-Party Vendors and Business Partners

You may be using or accessing our Services through a third-party vendor or one of our business partners. Your use of our Services, whether directly through us or through one of these third parties, is governed by this Privacy Policy. We may provide additional notice or ask for your consent if we wish share any collected information in a manner materially different than discussed in this Privacy Policy.

These Third Parties may have their own, possibly different, terms or policies relating to your use of the Services.  We encourage you to read any applicable terms or policies.

A Word About Sharing Customer Information

To protect the privacy of our customers, we will not sell or provide personally identifiable information to a third party for the purposes of marketing to you, research, collaborative projects to improve the understanding and treatment of sleep and related disorders without your consent. We will never contact you with marketing material without providing you the option to unsubscribe.

We may be required by law to disclose or provide access to your Personal Information (including, but not limited to, laws, regulations, court orders, warrants, and subpoenas).

Safeguarding Information

We protect Personal Information against loss or theft, unauthorized access, disclosure, copying, use, or modification with security safeguards appropriate to the sensitivity of the information. Our safeguards vary depending on the information’s sensitivity, amount, distribution and format of the information and the method of storage. We use a variety of security technologies and procedures to help safeguard your personal information. All security measures are appropriate to the sensitivity level of your information. Our safeguards include (a) physical measures, such as restricted physical access to our information system; (b) organizational measures, including limiting access on a “need-to-know” basis; and (c) technological measures, including the use of passwords and encryption.

We will permit only authorized employees and contractors, who are trained in the proper handling of customer information, to have access to your personal information. Employees and contractors who violate our Privacy Policy will be subject to our disciplinary process.

We are responsible for all personal information in our control. Whenever we hire other organizations to provide support services, we will require them to conform to our privacy standards and to allow us to audit them for compliance. Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration, or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences.

Children’s Information

We do not knowingly collect personal information from children. The content of our Services is not intended for, or directed to, children. If you are under the age of majority in the jurisdiction from which you access the Services or the jurisdiction in which you are ordinarily resident, please do not use or access our Services at any time or in any manner.

Withholding Consent

Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of your personal information, or you may withdraw your consent to our further collection, use or disclosure of information at any time in the future by giving us reasonable notice. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with some products, services or information which may be of value to you.

For the purpose of using our Services, some information is required in order for our Services to function. If the information is not provided, we, either directly or through a third-party vendor or business partner, will not be able to provide you with our all or some of our Services.

Retention Policies

We retain personal information only as long as it is required for the reasons it was collected. The length of time personal information is retained varies depending on the purpose for which the information was collected. This period may extend beyond the end of your relationship with us but only for so long as it is legally necessary for us to have sufficient information to respond to any issue that may arise at a later date. When your information is no longer needed for the purposes it has been collected we will destroy, delete, erase or convert your information to an anonymous form.

Keeping Information Accurate

We will attempt to keep customer files complete, up to date, and accurate. We will tell our customers how and where to conveniently access their account information (except when prohibited by law) and how to notify us about errors which we will correct as necessary.

How to Find Out What Information We Have About You

Write to our Privacy Officer at the address below, if you have any questions concerning the information we have in your file or about our information practices. To obtain certain information that we have on file for you, you must specify the information you are interested in. If you believe any of our information is incorrect, we’ll investigate it and correct it as required.

All requests and notification applicable to Win-Shield must be made to our Privacy Officer, including opt-out requests, access to information requests, and reporting incorrect information:

Send your request to: 

Rob Ranson

Email: robr@win-shielddevices.com

Phone: 204-470-6885

Submit your:

 Name:
Address:
Phone Number: (where you can be reached during business hours)
The best time of day for us to call you:

If you are requesting information, specify the information you are interested in.

If you are writing to exercise your opt-out rights, specify whether you are opting out of our sharing information with affiliates and/or from our marketing lists.

Amending this Policy

We may amend this Privacy Policy at any time and such change will become effective upon us making our updated Privacy Policy available on our website. We may, at our discretion, also contact customers and healthcare professionals directly to advise them of any changes to this Privacy Policy.

Terms of Use

This page states the Terms of Use which apply to your use of the Services, which include the win-shielddevices.com website (the “Website”), and any other Win-Shield Medical Devices Inc. (“Win-Shield”, “we”, “us”, and “our”) product or service on which these terms appear. Please read this page carefully. By using the Services, you signify your acceptance of these Terms of Use. 

THIS IS A LEGAL AGREEMENT. IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR USE OF THE SERVICES.

The “Services” mean Win-Shield's products, software, services, and Website (including, but not limited to text, graphics, images, and other material and information) available from Win-Shield, either via the Website or otherwise, and through Win-Shield’s third-party vendors and business partners (“Third Parties”).

Third Parties may have their own, possibly different, terms or policies relating to your use of the Services.  We encourage you to read any applicable terms or policies. Because Win-Shield has no control over its Third Parties, you acknowledge that Win-Shield shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advice, advertising, products, or other materials available on or through any such Third Party.

Please note that your use of the Services constitute your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use the Services. Win-Shield may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website or the applicable Service on which these terms appear. Any changes that Win-Shield makes to this Agreement will be effective immediately upon posting.

Responsibility for Minors. The Services may only be accessed by individuals who are over the age of majority in the jurisdiction from which they access the Services and the jurisdiction in which they are ordinarily resident.

Ownership. You acknowledge and agree that Win-Shield owns all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents, copyright, and trademark) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Win-Shield and that you shall not disclose such information without Win-Shield's prior written consent.

You further acknowledge and agree that the Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or Third Parties is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Win-Shield, you agree not to, and not to permit anyone else to, modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, in whole or in part.

Permitted and Prohibited Uses. As a condition of your use of the Services, you warrant to Win-Shield that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Win-Shield, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that 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 learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers or to contact other customers; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of Win-Shield or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail”, "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website, unless explicitly permitted by Win-Shield; (13) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Website; (14) attempt to or actually override any security component of Win-Shield’s web services; (15) interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (16) violate these Terms of Use, any code of conduct or other guidelines which may be applicable for any particular area of the Services or have been communicated to you by anyone affiliated with Win-Shield; or (17) intentionally or unintentionally violate any applicable law, or any regulations having the force of law.

You acknowledge and agree that you are solely responsible for (and that Win-Shield has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Win-Shield may suffer) of any such breach. In case of breach of any one of these agreements Win-Shield has the right to refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Win-Shield and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

If you violate these Terms of Use and/or Win-Shield has a reasonable ground to suspect that you have violated these Terms of Use, Win-Shield has the right to and refuse any and all current or future use of the Services (or any portion thereof).

Termination. Win-Shield may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the Terms of Use (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Use); (2) Win-Shield is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the Third Party with whom Win-Shield offered the Services to you has terminated its relationship with Win-Shield or ceased to offer the Services to you; (4) Win-Shield is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Win-Shield is, in Win-Shield's opinion, no longer commercially viable. Finally, Win-Shield may, in its sole discretion, restrict access to the Website for any reason.

User Representations and Covenants. By accessing and using our Services you acknowledge and agree:

You acknowledge that Win-Shield takes no responsibility for any information that you produce or share in connection with the use of its Services.

You acknowledge that you are solely responsible for all activity that occurs in association with your use of the Website and Services and that Win-Shield is not responsible for any breach of your obligations under this Agreement and the consequences of any such breach.

You agree to waive all property rights in any research or commercial products that may be developed by Win-Shield or its partners. Win-Shield will not provide you with compensation for data collected through your use of our Services.

Medical Information. Please consult your physician or other qualified healthcare practitioner with any questions regarding your health. Never disregard obtaining professional medical advice or delay seeking it due to any other information provided by the Services.

No Advice or Endorsement. Win-Shield is an independent operation and does not endorse, and makes no representation or warranty in respect of any other service. You acknowledge that Win-Shield is not responsible for the quality or performance of any services, including the Services or other products, procedures, opinions, tests, resources, medical devices, pharmaceuticals, websites, resources, and other materials mentioned on, or accessed through, the Services. If you have concerns or questions about what you learn through your use of the Services, you should contact your physician or other health care professional.

DISCLAIMER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WIN-SHIELD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) WIN-SHIELD MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIN-SHIELD OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. WIN-SHIELD DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, WIN-SHIELD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

LIMITATION OF LIABILITY. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WIN-SHIELD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WIN-SHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (d) UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (e) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

IN ANY EVENT, THE TOTAL LIABILITY OF WIN-SHIELD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, TO YOU ARISING OUT OF ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING NEGLIGENCE) SHALL BE THE TOTAL AMOUNTS PAID TO WIN-SHIELD BY YOU.

Release. The Services are only for informational purposes. In the event that you have a dispute arising from the use of the Services, you release Win-Shield, its affiliates and Third Parties (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Indemnification. You agree to indemnify, defend, and hold harmless Win-Shield, its officers, directors, employees, agents, affiliates, licensors, Third Parties, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Win-Shield violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

Linking. The Services provide, and Third Parties may provide, links to other sites and resources on the Internet. Because Win-Shield has no control over such sites and resources, you acknowledge and agree that Win-Shield is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advice, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Win-Shield shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advice, advertising, products, or other materials available on or through any such hyperlinked site or resource.

Entire Agreement. This Agreement as well as Win-Shield’s Privacy Policy shall constitute the entire agreement of the parties in relation to the use of the Services, and this Agreement supersede any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.

Severability. If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.

Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.

Force Majeure. Win-Shield shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Win-Shield.

Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.

Cookies. Win-Shield may use Cookies and other forms of tracking technology to enhance and enable usability of the Website. They help us understand how our Services are being used, letting you navigate between pages efficiently, improving the security of your Personal Information, remembering your preferences, and generally improving your browsing experience. If you do not accept Cookies your use and enjoyment of the Website may be adversely affected.

Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.

Survival. All terms of this Agreement, which by their nature are intended to survive termination of this Agreement, including without limitation, sections entitled “Permitted and Prohibited Uses”, “Limitation of Liability”, “User Representations and Covenants”, and “No Advice or Endorsement”, shall so survive termination.