As used in these Terms and Conditions, “Aleen” includes Aleen.ca, Aleen Inc. and its affiliates, subsidiaries, successors and assigns. In these Terms and Conditions Aleen may be referred to as “we,” “us,” “our” etc. Users may in some instances be referred to as a “user” or “users” herein.

These Terms and Conditions are deemed to incorporate our Privacy Policy as if fully stated herein. The foregoing introductory paragraphs are also deemed incorporated into this agreement.

By visiting, signing up for, accessing, viewing or otherwise utilizing our website and its information and content and by communicating with Aleen in any manner, you accept, without limitation or qualification, the following Terms and Conditions that constitute an agreement between you and Aleen. We may change these terms from time to time in our sole discretion. Please read and review these Terms and Conditions carefully before using this website and communicating with us. If you do not agree to these Terms and Conditions, you shall not access or use the website or communicate with us.
We reserve the right, at our sole discretion and at any time, to update and change these Terms and Conditions, and your continuing use of our website, services and/or your communication with us constitutes your acceptance of and agreement to any changed terms and conditions.

No Patient Relationship. Your use of the information and services available does not create a patient relationship with Aleen. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Do never disregard professional advice or delay in receiving it because of information you received from Aleen or due to information that is communicated to you by us.

Medical Emergency. If you think you may be having a medical emergency, call your doctor or ambulance immediately. Aleen is not intended for emergency situations and is for informational services only.
This website may contain general information relating to medical and/or healthcare conditions. Additionally, physicians and other healthcare professionals may contribute such information to the website.
ALL INFORMATION AND CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED MEDICAL OR CLINICAL PROFESSIONAL PURSUANT TO PERSONAL EXAMINATION AND PROFESSIONAL CONSULTATION. ALEEN DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON ALEEN.
You should not use the information contained on or provided by Aleen website for selecting a specific course or method of treatment. Healthcare professionals using this website and services should also remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. HEALTHCARE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE DO SO AT THEIR OWN AND SOLE RISK.

YOUR USE OF ALEEN IS AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE.
USE OF THE WEBSITE SERVICES AND OTHER ITEMS OR FEATURES AVAILABLE THROUGH OR VIA ALEEN IS WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR CUSTOM OF TRADE, AND NONINFRINGEMENT, OR OTHERWISE, AND ALEEN SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH USE, RESULTS OR RELIANCE.
WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO ALEEN, OUR WEBSITE OR THE INFORMATION AND CONTENT THEREON INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
It is your responsibility to evaluate the information provided on the website. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or other qualified healthcare professional.
IN NO EVENT SHALL ALEEN BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITES AND ITS FEATURES. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALEEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND THIS LIMITATION AND OTHER PROVISIONS/TERMS OF THIS AGREEMENT SHALL ONLY BE MODIFIED BY A COURT OR ARBITRATOR AS NECESSARY TO MAKE IT ENFORCEABLE TO THE MAXIMUM EXTENT POSSIBLE.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALEEN SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM SERVICES RENDERED OR DISPENSED/SOLD BY ANY THIRD PARTY EVEN IF MARKETED OR LINKED TO ON OUR WEBSITE OR COMMUNICATED TO YOU BY US IS SOLELY YOUR OWN.

These Terms and Conditions, the Privacy Policy and such additional terms you agree to upon using our website constitute the entire agreement between you and Aleen concerning your use of the websites. No joint venture, partnership, employment, or agency relationship exists between you and Aleen as a result of these Terms and Conditions or use of the website. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Except as otherwise stated in these Terms and Conditions, if any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be invalid or exceed the scope of lawful authority, the parties nevertheless agree that the court or arbitrator shall endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent available in the jurisdiction in which enforcement is available, and the other provisions of these Terms and Conditions remain in full force and effect.

Mandatory arbitration. Please read this carefully. It affects user’s rights. You and Aleen and each of our legal representatives, heirs, estates, successors, and assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
Commencing arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to Aleen should be addressed to [email protected], with a copy to Aleen Inc., 2164 Montreal Rd, Unit 5 PMB 1007, Ottawa ON K1J 1G4 Canada. The notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or Aleen may commence an arbitration proceeding as set forth below or file a claim in small claims court.
Arbitration proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of arbitration in Canada will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties, and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No class actions. User may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at Aleen’s option.
Decision of the arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply Canada law during the arbitration. To the extent these terms and user’s use of the service evidence a transaction involving interstate commerce, the arbitration act will govern the interpretation, enforcement, and proceedings pursuant to the mandatory arbitration clause in these Terms and Conditions.
Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Aleen seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond or other security, and notwithstanding anything herein to the contrary whatsoever, Aleen may seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired.
Claims. Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
Improperly filed claims. All claims a user brings against Aleen must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Aleen should not recover any incurred expenses.
Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at Aleen’s sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of Canada will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by Aleen. Any other provisions of this agreement which are invalid in their entirety are severable.

The laws of Canada, excluding its conflicts of law rules, govern these Terms and Conditions and your use of the websites. Your use of the websites may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is required to be brought in a court of law, subject to the exceptions stated herein, it will be subject to the exclusive jurisdiction of the state and federal courts located in Canada and you hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.
This website and its contents are intended to comply with the laws and regulations of Canada. Aleen makes no representation that materials on its website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. Aleen reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any services and/or products we provide. Any offer for any product or service made on this website is void where prohibited.

Users represent and warrant that their identity is accurately entered upon submitting a form, scheduling a service and/or creating an account and may not assign this agreement to anyone without the express written consent of Aleen. Aleen may assign Aleen’s rights and obligations under this agreement. Captions contained in this agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this agreement or the intent of any provision of this agreement. It is the intent of the parties that neither this agreement, nor any covenant in this agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this agreement shall be held invalid or unenforceable by any arbitrator or court of competent jurisdiction or as a result of future legislative action or otherwise, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this agreement. All provisions of this agreement which by their nature should survive termination of this agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, and limitations of liability. Users shall not at any time including after account or use/access cancellation disparage, impugn or deprecate the business, functionality, testing, services, products, software or reputation of Aleen. The parties acknowledge and agree that this agreement shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this agreement. Whenever the words “include,” “includes,” or “including” are used in this agreement, they shall be deemed to be followed by the words “without limitation.” The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this agreement whether or not specifically provided for in this agreement. All provisions of this agreement which by their express terms or reasonable implication must survive to be effectuated shall so be deemed to survive.


Effective date: 06/18/2021