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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 The Sleep Surgery Centre Incorporated, the owner and operator ("Owner") of this Web
site (the “Web site”). It states the terms and conditions under which you may
access and use the Web site and all written and other materials displayed or
made available through the Web site, including, without limitation, articles,
text, photographs, images, illustrations, audio clips, video clips, computer
software and code (the “Content”). By accessing and using the Web site, 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 Web site. The Owner may revise this Agreement at any time by
updating this posting. Use of the Web site after such changes are posted will
signify your acceptance of these revised terms. You should visit this page
periodically to review this Agreement.
Not medical advice
The information provided on the Web site is for informational purposes only and
is not professional medical advice, diagnosis, treatment or care, nor is it
intended to be a substitute therefor. Always seek the advice of a physician or
other qualified health provider properly licensed to practise medicine or
general health care in your jurisdiction concerning any questions you may have
regarding any information obtained from this Web site 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 Web site. Always consult with your physician or other
qualified health care provider before embarking on a new treatment, diet or
fitness program. Information obtained on the Web site is not exhaustive and
does not cover all diseases, ailments, physical conditions or their treatment.
Medical emergency
Do not use the Web site for medical emergencies. If you have a medical
emergency, call a physician, qualified health care provider or 911 immediately.
Under no circumstances should you attempt self-treatment based on anything you
have seen or read on the Web site.
No physician-patient relationship
The presentation of information on the Web site does not establish a
physician-patient relationship between you and the Owner (or any of its
physicians) and is not intended as a solicitation of individuals to become
patients or clients of the Owner (or any of its physicians).
No endorsements
Unless specifically stated, the Owner does not recommend or endorse any
specific brand of products, services, procedures or other information that
appears or that may be advertised on the Web site.
E-mail
Due to the insecure nature of e-mail communication, the Owner does not wish to
use this Web site as a means of communication with the public or patients (i)
regarding questions or issues of a medical nature; (ii) to establish physician/patient
relationships; (iii) to book or cancel appointments; or (iv) for inquiries
regarding fees, services or similar matters. E-mail communications regarding
such matters will not be responded to and will be discarded unread. If you wish
to contact the Owner or its physicians regarding medical questions or issues or
with regard to appointments, accounts or other questions please do so by
telephone, fax or regular mail in the manner set out in the Web site.
Disclaimer of warranties
The Web site and the Content are provided “AS IS”. While the Owner endeavours
to provide information that is correct, accurate, current and timely, the Owner
makes no representations, warranties or covenants, express or implied,
regarding the Web site and the Content including, without limitation, no
representation, warranty or covenant that (i) the Content contained in or made
available through the Web site or any item(s) made available on or through the
Web site will be of merchantable quality and/or fit for a particular purpose,
(ii) the Web site or Content will be accurate, complete, current, reliable,
timely or suitable for any particular purpose, (iii) that the operation of the
Web site will be uninterrupted or error-free, (iv) that defects or errors in the
Web site or the Content, be it human or computer errors, will be corrected, (v)
that the Web site will be free from viruses or harmful components, and (vi)
that communications to or from the Web site will be secure and/or not
intercepted.
You acknowledge and agree that your access and use of the
Web site and the Content is entirely at your own risk and liability.
Limitation of liability
In no event shall the Owner, 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 Web site or the Content,
or your inability to use the Web site, 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
Owner knew of or ought to have known of the possibility of such damages.
The Owner also expressly disclaims any and all liability
for the acts, omissions and conduct of any third-party user of the Web site, or
any advertiser or sponsor of the Web site (“third-party”). Under no
circumstances shall the Owner, 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 Web site linked to or
from the Web site, 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 owner knew of or ought to have
known of the possibility of such damages.
Indemnity
You agree to indemnify, defend and hold harmless the Owner 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 Web site, the Content or any
Web site to which the Web site 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 Web
site.
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 Web site or of its Content, whether in whole or in part, is
prohibited without the express prior written consent of the Owner.
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
Web site and the Content for your personal, noncommercial 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 Web site. 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.
Trademarks
The logo Sleep Surgery Centre and the owl-with-headmirror emblem are trademarks of the Owner. Other
names, words, titles, phrases, logos, designs, graphics, icons and trademarks
displayed on the Web site may constitute registered or unregistered trademarks
of the Owner or third parties. While certain trademarks of third parties may be
used by the Owner under licence, the display of third-party trademarks on the
Web site should not be taken to imply any relationship or license between the
Owner and the owner of the trademark or to imply that the Owner endorses the
wares, services or business of the owner of the said trademark.
Linking
The Web site contains links to third-party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by the owner of any
third-party Web site or the content thereof. Unless expressly stated, the Owner
does not operate any third-party Web site linked to the Web site and is not
responsible for the content of any third-party Web site, nor does it make any
representation, warranty or covenant of any kind regarding any third-party Web
site 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 Web sites, (ii)
any representation, warranty or covenant regarding the merchantability and/or
fitness for a particular purpose of any third-party Web sites or material,
content, software, goods, or services located at or made available through such
third-party Web sites, or (iii) any representation, warranty or covenant that
the operation of such third-party Web sites will be uninterrupted or error
free, that defects or errors in such third-party Web sites will be corrected,
or that such third-party Web sites will be free from viruses or other harmful
components.
While the Owner encourages links to the Web site, it does
not wish to be linked to or from any third-party Web site 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, national, international law or regulation
which may be damaging or detrimental to the activities, operations, credibility
or integrity of the Owner, or (ii) any Web site 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 Web site, 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 Web site upon the
request of the owner.
Submissions
The Web site may provide features which allow you to post messages and content
to designated areas on the Web site, to participate in chat groups, to interact
with the Owner and other users and to upload files, documents, or other
materials (“Submission(s)”). The Owner does not control the content of any
Submissions and has no obligation to monitor the Submissions. However, the
Owner reserves 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 to remove any Submission, in whole or in part, that, in
the Owner's 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 Web site which allow you to post, upload
or make Submissions, it is a condition of your use of the Web site that you do
not:
- Restrict or inhibit any
other user from using and enjoying the Web site, interfere or attempt to
interfere with the proper workings of the Web site or do anything, which
in the sole discretion of the Owner, imposes an unreasonable or
disproportionately large load on the Web site infrastructure;
- 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 offense, give rise to civil
liability or otherwise violate any local, state, provincial, national or
international law or regulation;
- 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 owner or rights
holder;
- Post or transmit any
Submission which contains a virus or other harmful component;
- Post or transmit “junk
mail”, “chain letters”, unsolicited mass mailing or “spam”; and
- Use or "mine"
the Web site 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.
Grant of licence regarding
Submissions
By posting or uploading Submissions to the Web site, you grant the owner 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 Owner, (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 owner 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 Web site, you may be asked to create an account
with the Web site. When you register with the Web site, 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
Owner has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, the Owner has the right to suspend or
terminate your access to all or part of the Web site. The Owner's 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 Owner
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 Owner will not be liable for any loss or damage arising from
the Owner's 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 Web site, 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
Owner, 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 Web site, 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 Web site 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 Web site shall be construed as granting you any right, title,
interest or other licence in or to any software embedded or integrated into the
Web site or made available for download from the Web site, including, but not
limited, to any intellectual property rights in the software.
All software embedded or integrated into the Web site 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.
Tools
Any tools or calculators provided on the Web site are provided for general and
illustrative purposes only. Such tools and/or calculators are not medical
advice nor are they intended to be a substitute therefor. You should not act or
abstain from acting based on any information provided by any such tool or
calculator available on this Web site.
Security
Any information sent or received over the Internet is generally not secure. The
Owner cannot guarantee the security or confidentiality of any communication to
or from the Web site.
Modification to Web site
The Owner reserves the right any time, and from time to time, to modify or
discontinue, temporarily or permanently, the Web site (or any part thereof)
with or without notice to you. The Owner shall have no liability to you or any
third party for any modifications, suspension or discontinuance of the Web site
or any part thereof.
Use prohibited where contrary to
law
Use of this Web site is unauthorized in any jurisdiction where the Web site or
any of the Content may violate any laws or regulations. You agree not to access
or use the Web site 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 Web site is operated by the Owner from its offices within the
Province of
BritishColumbia
Canada
.
Dr. Richard R.J. Smyth is licensed by The College of Physicians and Surgeons of B.C. to practise medicine in
British
Columbia. You agree
that all matters relating to your access, or use of the Web site and its
Content shall be governed by the laws of the Province or
Territory
of
British Columbia 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 British Columbia with respect to all matters relating to your
access and use of the Web site 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 British
Columbia and of Canada.
Waiver
Any consent by the Owner 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.
Notice
Questions or comments regarding the Web site should be directed by e-mail to Dr.R.Smyth at
rsmyth@sleepsurgerycentre.com.
Termination
The Owner may, in its sole discretion, cancel or terminate your right to use
the Web site, or any part of the Web site, at any time without notice. In the
event of termination, you are no longer authorized to access the Web site, or
the part of the Web site affected by such cancellation or termination. The
restrictions imposed on you with respect to material downloaded from the Web
site and the disclaimers and limitations of liabilities set forth in this
Agreement, shall survive termination of this Agreement. The Owner shall not be
liable to any party for such termination.
Entire Agreement
This is the entire Agreement between you and the Owner relating to your access
and use of the Web site.
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