TERMS AND CONDITIONS
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Dr. Paul Smith Professional Corporation (The “Website”)
Your access or use of the Website indicates that you have read, understood and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company, and its licensors; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data or information developed and researched by us, and other materials which may assist in the use of the Website Services (Company Materials). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.
3. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Dr Paul Smith Professional Corporation
A) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
B) To violate any intellectual property rights of us or any third party;
C) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
D) To perpetuate any fraud;
E) To engange in or create any unlawful gambling, sweepstakes or pyramid scheme;
F) To publish or distribute any obscene or defamatory material;
G) To publish or distribute any material that incites violence hate or discrimination towards any group.
H) To unlawfully gather information about others.
4. PROTECTION OF PRIVACY
Through your use of the website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we operate.
We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our visibility in the web, for this we may work with third-party providers, including other marketers. Nonetheless, all medical information collected will be kept within the confidential boundaries of Dr Paul Smith Professional Corporation and his patients and will not be intentionally disclosed to third parties who have not signed a confidentiality agreement.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
5. ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice or financial advice. Although we provide medical advice based on current research, we do not assume responsibility or liability for any patients who apply this advice arbitrarily without the supervision or authorization from a licensed Doctor.
6. INDEMNIFICATION
You defend and indemnify Dr Paul Smith Professional Corporation and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so.
7. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
8. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are no liable for any such damage or loss.
9. PRIVACY
Internet communications are subject to interception, loss or alteration and as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are no confidential or exclusive except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
10. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Dr Paul Smith Professional Corporation arising from your use of the Website is limited to the greater of one hundred Canadian Dollars (100) or the amount you paid to Dr Paul Smith Professional Corporation in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
11. THE ENTIRE AGREEMENT
Failure to execute any of the rights implied by the Terms and Conditions presented here does not waive this right or disposition. These Terms and Conditions and website politics, and operation rules published by us with respect to our website services constitute the entire agreement between you and Dr Paul Smith Professional Corporation and shall replace any previous or simultaneous agreement established between you and Dr Paul Smith Professional Corporation be it written or verbal.
12. LAW
These Terms and Conditions shall be interpreted in agreeance with Canadian law.
CONTACT: info@drpaulsmithclinic.com