Terms of Use Agreement

 

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 Drs. Colin Taylor & Sara Taylor, the owners and operators (“Owners”) of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, 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 Website.

The Owners may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. 

 

General information is not medical advice

The general information provided on the Website, such as text, graphics, images, information obtained from the Website licensor’s, and other material contained on the Website (“Content”) is for informational/educational purposes only. The Content is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website 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 Website.

If you think you have a medical emergency, call your doctor or 911 immediately. 

 

Endorsement

The Website does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website.

 

Participants

If you are a participant of an online course or retreat, you agree to the terms of being a participant (i.e. if labelled as for physicians, you are a physician). Any information you share through homework, posts, etc., you retain the intellectual property and rights in. Unless otherwise specified, you are aware participation in the courses does not offer formal CME credits.

 

No physician-patient relationship

The presentation of general information on the Website does not establish a physician-patient relationship between you and the Owners (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of the Owners (or any of its physicians). 

 

Disclaimer of warranties

The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the Owners endeavour to provide information that is correct, accurate, current, and timely, the Owners make no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted.

You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability. 

 

Limitation of liability

In no event shall the Owners, 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 Website or the Content, or your inability to use the Website, 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 Owners knew of or ought to have known of the possibility of such damages.

The Owners also expressly disclaim any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall the Owners, 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 Website linked to or from the Website, 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 Owners knew of or ought to have known of the possibility of such damages. 

 

Indemnity

You agree to indemnify, defend, and hold harmless the Owners 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 Website, the Content, or any website to which the Website 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 Website.

 

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 Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner. 

 

Trademark

There are names, words, titles, phrases, logos, designs, images, sketches, graphics, icons, sounds, and trademarks displayed on this Website which may constitute registered or unregistered trademarks of the Owner or third parties. Some of these trademarks may be used by the Owner under license, the display of third-party trademarks on the Website should not be taken to imply that any relationship exists between the Owner and the owner of that trademark. Similarly, it should not be taken to imply that the Owner endorses the goods, products, wares, services, or business of the owner of that trademark.

 

Use of the Website

The Owners authorizes you to access and use the Website for your personal non-commercial use in accordance with the terms and conditions of this Agreement. 

 

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 Website 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 Website. 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. 

 

Linking

The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Owners of any third-party website or the content thereof. Unless expressly stated, the Owners do not operate any third-party website linked to the Website and is not responsible for the content of any third-party website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party website 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 websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or (iii) any representation, warranty, or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While the Owners encourages links to the Website, it does not wish to be linked to or from any third-party website 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 offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of the Owner; or (ii) any website 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 Website, 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 Website upon the request of the Owners. 

 

Submissions

The Website may provide features which allow you to post messages and content to designated areas on the Website, to participate in chat groups, to interact with the Owner and other users and to upload files, documents, or other materials (“Submission(s)”). Submissions do not include communications between you and your physician pursuant to the physician-patient relationship. The Owners do not control the content of any Submissions and has no obligation to monitor the Submissions. However, the Owners reserve the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in the Owners’ sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof. 

 

Rules of conduct regarding submissions

When using any of the features of the Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Website that you do not:

  1. Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of the Owners, imposes an unreasonable or disproportionately large load on the Website infrastructure;
  2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;
  3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, 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 any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the Owners or rights holder;
  4. Misrepresent your identity or affiliation in any way;
  5. Post or transmit any Submission which contains a virus or other harmful component;
  6. Post or transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”;
  7. Use, reverse engineer, or “mine” the Website for commercial purposes, including, without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes;
  8. Assist or permit any persons in engaging in any of the activities described above.

 

Grant of licence regarding submissions

By posting or uploading Submissions to the Website, you grant the Owners a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of the Owners; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that the Owners is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential. 

 

Registration

To use certain features of the Website, you may be asked to create an account with the Website. When you register with the Website, you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If the Owners have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Owners have the right to suspend or terminate your access to all or part of the Website. The Owners’ use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.  

 

Passwords

You are responsible for maintaining the confidentiality of the password you use in association with your account and are responsible for all activities that occur under your user name and password. You agree to notify the Owners immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Owners will not be liable for any loss or damage arising from the Owners’ failure or your failure to protect your password or account information. 

 

Software licence and ownership

All software embedded in or located on or at the Website, 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 Owners, 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 Website, 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 Website 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 Website shall be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Website 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. 

 

Security

Any information sent or received over the Internet is generally not secure. The Owners cannot guarantee the security or confidentiality of any communication to or from the Website. 

 

Modification to website

The Owners reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. The Owners shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof. 

 

Use prohibited where contrary to law

Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website 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 Website is operated by the Owners from its offices within the province of Alberta, Canada. Drs. Colin and Sara Taylor are licensed by the College of Physicians and Surgeons of Alberta (CPSA) to practise medicine in Alberta. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province or territory of Alberta 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 Alberta with respect to all matters relating to your access and use of the Website 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 Alberta and of Canada. 

 

Waiver

Any consent by the Owners 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. 

 

Children

The Website is not intended for the use of children under the age of 13. If you are under the age of 13, please do not use or access this Website at any time or in any manner. By using this Website you affirm that you are over the age of 13. The Owners do not seek to gather or store personal information from or about persons who are under the age of 13 without the consent of their parent or guardian.

 

Notice

Questions or comments regarding the Website should be directed by email to info@physiciansforphysicians.com.

 

Termination

The Owners may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owners shall not be liable to any party for such termination. 

 

Entire Agreement

This is the entire Agreement between you and the Owners relating to your access and use of the Website. 

 

* Thank you to the Canadian Medical Protective Association for providing this Terms of Use Agreement template.