1. ACCEPTANCE OF TERMS.
(a) By using or visiting a Careand Family Health Inc. (“Careand”, “we”, “us”, or “our(s)”) website (the “Website”) you agree to these terms and conditions (the “Terms”).
(a) Unless specifically provided by you or a third party, all content on the Website, including but not limited to any and all information, materials, works, graphics, trademarks, trade names, logos and graphics, is owned or licensed by Careand (“Careand’s Content”).
(b) If you choose to upload any content to the Website, including but not limited to photos, comments, responses, ratings, rankings, notes, opinions, health records and data (the “User’s Content”), you represent and warrant that you own the User’s Content, or have the necessary rights in or to the User’s Content, in order to grant Careand the rights provided under these Terms in respect of the User’s Content.
3. LICENSE TO USE.
(a) You hereby grant to Careand and its affiliates a perpetual, royalty-free, worldwide, non-exclusive, transferable, sub-licensable license to: (i) use, on and in connection with the Website, the User’s Content; and (ii) allow any user of the Website to view such User’s Content. You hereby waive any and all moral rights in any User’s Content in favor of Careand and its officers, directors, employees, agents and affiliates.
(b) Unless otherwise expressly stated in these Terms, you shall use the Website in compliance with all applicable laws and you shall not use the Website to do anything unlawful, misleading, malicious, criminal, quasi-criminal or discriminatory, or infringe the rights of any person, including, but not limited to, intellectual property rights (including, without limitation copyright and related rights, moral rights, trademarks, patents), privacy rights and rights to personality and personhood. You shall not encourage, enable or assist anyone else in doing any of the foregoing.
(c) Any content uploaded by an independent third party, including but not limited to, photos, links, “tweets” and “retweets”, responses, comments, blog posts, “likes”, links or endorsements for products and services on third party website and social media sites (“Third Party Content”), to the Website shall remain the property of the applicable third party. You agree that Careand does not control the use of, and is in no way liable for, any Third Party Content. Your use of Third Party Content is at your own risk and may be subject to additional licenses, policies and laws not set out in these Terms. For certainty, the mention of another person or its/his/her/their information, data, product or service on this Website should not be construed as an endorsement of that person or its/his/her/their information, data productor service.
4. NO MEDICAL ADVICE.
(a) The Website, including the Careand’s Content and User’s Content, is provided for general informational purposes only, and does not constitute any representation as to the medical or health conditions, or safety, efficacy, suitability, effectiveness of any treatments or consultations obtained through the Website, and is not intended to provide, or to be a substitute for, professional medical advice.
(b) ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THESUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THIS WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
5. PERSONAL INFORMATION, PERSONAL HEALTH INFORMATION AND PRIVACY.
(b) By using the Website you consent to the collection, use and disclosure of your personal health information by any Authorized Contractor and you acknowledge that an Authorized Contractor may share any such personal health information with its agents and contractors, including, without limitation, Careand. For the purpose of these Terms, “personal health information” shall have the meaning ascribed to that term in the Personal Health Information Protection Act, 2004 (Ontario).
If you provide Careand with any comments, suggestions, recommendations, feedback or other information with respect to the Website (“Feedback”), including, without limitation, Feedback relating to modifications, enhancements and improvements to the Website, you agree that you have the right to provide such Feedback to Careand and hereby grant Careand an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose to the fullest extent permitted by applicable law.
7. LIMITATIONS OF LIABILITY.
(a) IN NO EVENT WILL CAREAND, ANY AUTHORIZED CONTRACTOR, THEIR RESPECTIVE AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES (THE “CAREAND PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED,ECONOMIC OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, IN EACH CASE HOWSOEVER CAUSED, EVEN IF CAREAND OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) IN NO EVENT WILL CAREAND PARTIES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM:VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS;TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE WEBSITE; ANY OTHER WEBSITE ACCESSED TO OR FROM THE WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF CAREAND, EVEN IF CAREAND OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
(c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE CAREAND PARTIES’ COLLECTIVE AND TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES or the website EXCEED THE SUM OF FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ALL of its CONTENT, INCLUDING BUT NOT LIMITED TO CAREAND’S CONTENT, User Content, THIRD PARTY CONTENT, THIRD PARTY PRODUCTS, SERVICES AND Software listed OR MADE AVAILABLE THROUGH this WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANT¬ABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
You shall indemnify, defend and hold harmless the Careand Parties forthwith following written demand, from any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages, taxes, penalties, liabilities or other obligations whatsoever, whether civil or statutory (including reasonable legal fees and expenses) arising in connection with: (i) the infringement of another person’s rights by the User’s Content; (ii) your use of the Website in breach of these Terms; or (iii) your failure to comply with any provision of these Terms.
10. GOVERNING LAW.
These Terms are governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law.
11. DISPUTE RESOLUTION.
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION,COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND CAREAND or any authorized contractor ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCESSOR USE OF THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered under the Arbitration Act, 1991 (Ontario) (the “Arbitration Act”) by one (1) arbitrator (the “Arbitrator”) in Toronto, Ontario. The Arbitrator shall be selected by the mutual agreement of the parties to the arbitration or, failing such agreement, shall be appointed by a judge pursuant to the Arbitration Act. The Arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Section 11, including any unconscionability challenge or any other challenge that this Section 11 or the Terms are void, voidable or otherwise invalid. The Arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the Arbitrator will be final and binding on each of the parties to the arbitration and may be entered as a judgment in any court of competent jurisdiction.
You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TOJOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS of the website IN COURT ORIN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The Arbitrator may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The Arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to this class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this Section 11 is found to be unenforceable, such provision will be severed and the remainder of this Section 11 will be enforced.
12. ENTIRE AGREEMENT.
No waiver of any provision of these Terms shall be binding on Careand unless executed by Careand in writing. No waiver of any of the provisions of these Terms shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of these Terms which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
These Terms maybe assigned by Careand without notice to you or consent from you. These Terms may only be assigned by you with the prior written consent of Careand.
These Terms shall inure to the benefit of and be binding upon you and Careand and their permitted successors and assigns.
You acknowledge that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
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