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 Dr.
Robert H. Stubbs, 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.
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
Cosmetic Surgicentre and the Venus symbol 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 Ontario, Canada. Dr. Robert H.
Stubbs is licensed by the Ontario College of Physicians
and Surgeons to practise medicine in Ontario.
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 Ontario
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 Ontario 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 Ontario 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. Robert H. Stubbs at rhs@psurg.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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