1. Medical Disclaimer All information on the Site is of a general nature and is furnished for informational purposes only. No information contained on the Site or in any e-mail sent to you by MediClim® ("MediClim® Content") is to be taken as medical or other health advice pertaining to any specific health or medical condition. Although we make an effort to provide quality information to you, MediClim® disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any MediClim® Content. The MediClim® Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all MediClim® Content.
MediClim® is not engaged in rendering medical or professional services. The MediClim® Content is not a substitute for the diagnosis and advice of your health care professional and the MediClim® Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your health care professional because of anything you may have read or interpreted in the MediClim® Content. Consult your health care professional before practicing any recommendations or acting on any MediClim® Content. The MediClim® Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.
YOU ACKNOWLEDGE THAT MediClim® IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE MediClim® CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE MediClim® CONTENT. You agree, at your expense, to indemnify and hold MediClim® harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against MediClim® arising from or related to decisions or recommendations you make using the MediClim® Content.
2. Privacy Your privacy is important to us. All information collected from you in connection with your use of the Site is governed by our Privacy Statement. For more information, please see our Privacy Statement, which is incorporated into these Terms.
3. Modifications to Terms We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Site. These Terms, as amended, will be effective upon the posting of any amended terms.
4. Modifications to the Site We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.
5. Restricted Activities You agree not to use the Site to: (a) violate or encourage the violation of any law or regulation; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site, including the social networking feature, to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by MediClim® in its sole discretion.
You may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any (a) portion of the Site; (b) use of the Site, or (c) access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
6. Your Submissions You may submit comments, testimonials, or other content to us (collectively, "Submissions") via e-mail links on the Site or otherwise as provided. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Submissions in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Submissions (collectively, "Use"). You retain all ownership rights in and to your Submissions. Any Use of your Content will be in accordance with our Privacy Statement. Notwithstanding any terms in our Privacy Statement, MediClim® may post on the Site any testimonial you submit to us.
8. Termination We may terminate your use of the Site without prior notice for any reason or no reason, in our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site at any time.
9. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MediClim® 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 USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE MediClim® CONTENT.
MediClim® MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MediClim® MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE MediClim® CONTENT OR THAT DEFECTS IN THE SITE OR THE MediClim® CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
10. Limitation of Liability TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MediClim® OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE MediClim® CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE MEDICLIM® CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
11. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
12. Indemnification You agree to indemnify, defend, and hold harmless MediClim®, and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your Submission, (2) your use of the Site or the MediClim® Content, (3) your violation of these Terms, (4) your violation of any rights of any other person or entity, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.
13. Intellectual Property MediClim® grants to you a non-exclusive right and license to reproduce the MediClim® Content for your personal use only. Except for the limited license granted to you in this Section 14, nothing contained on the Site, in the MediClim® Content, or in these Terms shall be construed as to grant any property rights, by license or otherwise, to any MediClim® content, copyright, trade-mark, or other intellectual property rights.
Trade-marks MediClim®, is the trade-mark of MediMet Inc., Inc. Any use of our trade-marks, service marks, and/or trade dress, whether registered or not, without the prior written consent of MediMet, Inc. is expressly forbidden. Any other trade-marks or service marks appearing anywhere on this site are the property of their respective owners.
Copyright The Site, the MediClim® Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of MedMetnews, Inc. and its licensors, and are protected by copyright and other laws. The MediClim® Content and any other content on the Site may be used for informational purposes only. Any other use of the MediClim® Content or such other contents on the Site without the prior written consent of MediMet, Inc. is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the contents of the Site or the MediClim® Content is expressly prohibited without the prior written consent of MediClim®.
14.1 MediClim® may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Conditions of Use without the prior written consent of MediClim®, and any such attempted assignment will be void and unenforceable.
15.1 If you send a testimonial or comment to us, we may post it on our Site or use it in advertising materials. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial on our Site or advertising materials, if provided.
Blogs, Video, and Other User-Generated Postings; Social Networking
If you elect to post material to any forums, participate in our social networking channels or mentoring features or other community features that may be offered from time to time on our Site, you will be solely responsible for all content (the "Postings"). You agree and warrant that any Postings you post to the Site will be true and accurate, will not defame any person or invade any person’s privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you acknowledge that visitors to the Site may post comments about your Postings which may be derogatory, and that MediClim® has no obligation to monitor or delete any such postings. You also acknowledge that any information you may receive from a mentor, expert or other advice-giver on our Site is not a substitute for professional medical information or advice and is governed by the disclaimers and limitations set forth herein.
Because MediClim® does not monitor the Postings, you agree to use and rely on them at your own risk. MediClim® cannot make any representation or warranty about the material contained in the Postings. MediClim® likewise assumes no responsibility for any contact you may have with other users of our Site, either online or offline. If you elect to meet in person with someone you may meet on our Site, you do so at your own risk, and under no circumstances will MediClim® be liable for any activity or injury that may occur.
16. GOVERNING LAW
16.1 The laws of the province of Ontario and the laws of Canada shall govern these Terms.
17. ENTIRE AGREEMENT
17.1 These Terms and Conditions, together with the Privacy Statement, constitute the entire agreement between you and MediClim® regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and MediClim® regarding your use of the Site.