Acceptance
It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and the present owner and operator (“Owner”) of this Web site (the “Web site”). It states the terms and conditions under which you may access and use the Web site and all written and other materials displayed or made available through the Web site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”). By accessing and using the Web site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. The Owner may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
Not medical advice
The information provided on the Web site is for informational purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute therefor. Always seek the advice of a physician or other qualified health provider properly licensed to practise medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from this Web site and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web site. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
Medical emergency
Do not use the Web site for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Web site.
No physician-patient relationship
The presentation of information on the Web site does not establish a physician-patient relationship between you and the Owner (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians).
No endorsements
Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures or other information that appears or that may be advertised on the Web site.
Due to the insecure nature of e-mail communication, the Owner does not wish to use this Web site as a means of communication with the public or patients (i) regarding questions or issues of a medical nature; (ii) to establish physician/patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services or similar matters. E-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact the Owner or its physicians regarding medical questions or issues or with regard to appointments, accounts or other questions please do so by telephone, fax or regular mail in the manner set out in the Web site.
Disclaimer of warranties
The Web site and the Content are provided “AS IS”. While the Owner endeavours to provide information that is correct, accurate, current and timely, the Owner makes no representations, warranties or covenants, express or implied, regarding the Web site and the Content including, without limitation, no representation, warranty or covenant that (i) the Content contained in or made available through the Web site or any item(s) made available on or through the Web site will be of merchantable quality and/or fit for a particular purpose, (ii) the Web site or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose, (iii) that the operation of the Web site will be uninterrupted or error-free, (iv) that defects or errors in the Web site or the Content, be it human or computer errors, will be corrected, (v) that the Web site will be free from viruses or harmful components, and (vi) that communications to or from the Web site will be secure and/or not intercepted.
You acknowledge and agree that your access and use of the Web site and the Content is entirely at your own risk and liability.
Limitation of liability
In no event shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Web site or the Content, or your inability to use the Web site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
The Owner also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Web site, or any advertiser or sponsor of the Web site (“third-party”). Under no circumstances shall the Owner, its physicians, officers, directors, employees, agents, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any Web site linked to or from the Web site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the owner knew of or ought to have known of the possibility of such damages.
Indemnity
You agree to indemnify, defend and hold harmless the Owner and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Web site, the Content or any Web site to which the Web site is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Web site.
Copyright
The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.
Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Web site and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Web site. In the event of a conflict between the terms of a licence governing specific content and this Agreement, the terms of the specific licence shall govern.
Trademarks
Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under licence, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services or business of the owner of the said trademark.
Linking
The Web site contains links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the owner of any third-party Web site or the content thereof. Unless expressly stated, the Owner does not operate any third-party Web site linked to the Web site and is not responsible for the content of any third-party Web site, nor does it make any representation, warranty or covenant of any kind regarding any third-party Web site including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party Web sites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Web sites or material, content, software, goods, or services located at or made available through such third-party Web sites, or (iii) any representation, warranty or covenant that the operation of such third-party Web sites will be uninterrupted or error free, that defects or errors in such third-party Web sites will be corrected, or that such third-party Web sites will be free from viruses or other harmful components.
While the Owner encourages links to the Web site, it does not wish to be linked to or from any third-party Web site which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of the Owner, or (ii) any Web site which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. The Owner reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of the owner.
Software licence and ownership
All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“software”) is protected by copyright and may be protected by other rights. All such software is owned by the Owner, its licensors or the party accredited with ownership of such software. You are hereby granted the right to access and use the software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such software.
If the Web site provides software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such software, a personal, non-transferable, non-exclusive licence to (i) install and run one copy of the software in object code format on a non-networked computer for your personal, non-commercial use, and (ii) to reproduce the software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download or transmit the software in whole or in part, (ii) sell, rent, lease, license, transfer or otherwise provide access to the software, (iii) alter, remove, or cover any trademarks or proprietary notices included in the software, and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the software or assist others in doing so.
Other than the limited licence granted herein, nothing contained in the Web site shall be construed as granting you any right, title, interest or other licence in or to any software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the software.
All software embedded or integrated into the Web site is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the software is of merchantable quality and/or is fit for any particular purpose, (ii) that the software will conform with any specification(s) relating to the software, (iii) that the software will be free from material defects, (iv) that the software contains no computer viruses or other contaminants, or (v) that the software shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
Tools
Any tools or calculators provided on the Web site are provided for general and illustrative purposes only. Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Web site.
Security
Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Web site.
Modification to Web site
The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Web site or any part thereof.
Use prohibited where contrary to law
Use of this Web site is unauthorized in any jurisdiction where the Web site or any of the Content may violate any laws or regulations. You agree not to access or use the Web site in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction
The Web site is operated by the Owner from its offices within the Province of Ontario, Canada. You agree that all matters relating to your access, or use of the Web site and its Content shall be governed by the laws of the Province or Territory of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Web site and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the Province of Ontario and of Canada.
Waiver
Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Termination
The Owner may, in its sole discretion, cancel or terminate your right to use the Web site, or any part of the Web site, at any time without notice. In the event of termination, you are no longer authorized to access the Web site, or the part of the Web site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web site and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.
Entire Agreement
This is the entire Agreement between you and the Owner relating to your access and use of the Web site.