Last updated: December 22, 2020
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.modernhealing.ca website (the "Service") operated by Modern Healing ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
The information on the Service is for general educational purposes only. Your use of the Service, including any communication features forming part of its Content, does not establish a physician-patient relationship. The Service should never be used to solicit medical advice nor should any Content or communications made through the Service be construed as medical advice (including, for example, a diagnosis or treatment).
Neither the Content nor any communications made through the Service is intended to nor shall be construed a replacement or substitute for the practices, professional judgment, skill and expertise of health professionals and the advice of your physician and/or other health professionals should be sought in respect of any medical questions you may have. In the event of a medical emergency, call 911 or proceed to your nearest emergency room.
The Service may contain links to third-party web sites or services that are not owned or controlled by Modern Healing.
Modern Healing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Modern Healing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
Modern Healing and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights which make up the design and function (technical procedures, processes, and methods of operation) of the Service. Modern Healing holds not property or property interest in any data and information which you provide to us.
The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using www.modernhealing.ca by a user or otherwise provided for accessing www.modernhealing.ca on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Modern Healing a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by the user in connection with www.modernhealing.ca and the Services for uses related to the delivery of the Services.
Materials on and relating to www.modernhealing.ca, including the content of www.modernhealing.ca and any software downloaded from www.modernhealing.ca, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Modern Healing reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of www.modernhealing.ca or any content therefrom without Modern Healing’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to www.modernhealing.ca.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: a) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and b) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: a) abusive, defamatory, or obscene; b) fraudulent, deceptive, or misleading; c) in violation of a copyright, trademark or, other intellectual property right of another or; d) offensive or otherwise unacceptable to us based solely on our discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a conduit for such distribution and do not undertake any obligation or liability relating to any contents, activities, data, or information released on the Service.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
You agree to indemnify, defend, and hold harmless Modern Healing inclusive of its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, damages, losses, obligations, costs, actions or demands.
This indemnification includes but is not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Modern Healing makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
If you breach any of these Terms and Modern Healing chooses not to immediately act or chooses not to act at all, Modern Healing will still be entitled to any and all rights and remedies at a later date subject to no limitation save that mandated by relevant legislative or statutory authority. Modern Healing does not waive any of its rights. Modern Healing shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control.
Any person, persons, business, or other entity who is not party to these Terms and Conditions shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms and Conditions.
Modern Healing holds no responsibility for the sharing of information or content owned or licensed by an external third-party. Any claim of damages or legal action resulting from the sharing, loss, or exploitation of third-party information are the sole responsibility of the user. Modern Healing assumes no responsibility for the safety or privacy of this information or content.
These Terms and Conditions shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as they are applied to agreements entered into and to performed entirely within Ontario. This is without regard to conflict of law principles that would require application of law of a different jurisdiction.
These Terms and Conditions and any actions undertaken with regards to the Service, software, tool, application or functionality, will be deemed to have been performed in Ontario. All parties to this agreement irrevocably submit to the exclusive jurisdiction and venue of the courts of the province of Ontario.
Any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
Any non-criminal dispute or claim relating in any way to your use of the Service or to any other product or services provided by Modern Healing will be resolved in binding arbitration rather than in a court of law as set out under the Arbitration Act of Ontario. This arbitration will be undertaken at a cost shared jointly and evenly by both parties.
All parties to this agreement acknowledge that the following provisions have been negotiated and accepted and reflect a fair allocation of risk, forming an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy.
To the maximum extent permitted under Ontario law, in no event will Modern Healing be liable to any customer for any: a) special, exemplary, punitive, indirect, incidental, or consequential damages, b) lost savings, profit, data, use, or goodwill, c) business interruption, d) any costs for the procurement of substitute products or services, e) personal injury or death, or f) personal or property damage arising out of or in any way connected to these terms, regardless of cause or action or the theory of liability whether in contract, tort (including but not limited to negligence, gross negligence, or fundamental breach) or otherwise and even if notified in advance of the possibilities of such damages – the user retains responsibility for cancelling their service.
If any provision of these Terms and Conditions should be determined to be unenforceable by a court or arbitrator of competent jurisdiction the remaining Terms and Conditions shall survive and remain in full force and effect. If any provision within a subsection of these Terms and Conditions is determined to be unenforceable as mentioned above, the remainder of the subsection of the agreement will remain in force.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.