Terms of Service

1. Legal Agreement

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Markham M Medical , which is the owner and operator of the Markham M Medical Health Patient Portal (“Portal”). This Agreement sets out the terms and conditions under which you may access and use the Portal and all materials displayed or made available through the Portal, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software and code (“Content”). By accessing and using the Portal, you are indicating that you accept 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 Portal. Markham M Medical may revise this Agreement at any time without notice. Use of the Portal after such changes are posted will indicate your acceptance of the revised terms.

2. Portal Description

Markham M Medical provides a service that uses an internet-based Portal in order to give selected patients greater access to their personal health information, thereby allowing such patients to participate more fully in their own health care.

Eligible patients with access to this Portal will be able to interact with health care providers regarding their personal care, view relevant treatment information received from the health care providers, and seek general information pertinent to their medical condition. Patients will be able to instigate the creation of a health record by providing personal information, such as personal and family health history, medications, and allergies. This secure Portal will grant participating patients unlimited access to their own health care profiles.

To access and use the Portal, you must be 18 years of age or older.

3. Services Offered

The Portal will make available personal health information related to the health care you receive from Markham M Medical and may include the following services, which are subject to change without notice:

(a) Online access to your Portal account and to your personal health information held within the Portal;

(b) Interaction with health care providers and the ability to receive up-to-date health information (including certain test results);

(d) Use of online links to third-party websites, which provide health education. Certain services may be made available to you by a Markham M Medical physician’s direct invitation only. In addition, Markham M Medical physicians reserve the right to refuse to give an appointment or provide medical services.

4. Portal Account

(a) Registration

To use certain features of the Portal, you may be asked to create an account consisting of an online user name and a password. When you register for the Portal account, you agree to:

(i) provide true, accurate, current, and complete information;

(ii) maintain and promptly update the information to ensure it remains true, accurate, current, and complete; and

(iii) if your patient health record, or the information it contains, is inaccurate, to immediately notify the Markham M Medical Privacy Custodian at info@covidtestnearme.org and to keep confidential any information you may inadvertently learn about a third party. If Markham M Medical has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, Markham M Medical will have the right to suspend or terminate your Portal account and your access to all or part of the Portal. Markham M Medical’s use of any personally identifying information you provide as part of the registration process is governed by the terms of Markham M Medical’s privacy policy. Markham M Medical will not provide your user name or password to any third party.

(b) User Names and Passwords

You are responsible for maintaining the confidentiality of the password you use in association with your Portal account. You are also responsible for all activities that occur under your user name and password. If Markham M Medical has reasonable grounds to suspect that you are sharing your user name and/or password with anyone, Markham M Medical will have the right to suspend or terminate your Portal account and your access to all or part of the Portal. You agree to notify Markham M Medical immediately of any unauthorized use of your user name and/or password, or any other breach of security, and to ensure that you exit from your account at the end of each session. Markham M Medical will not be liable for any loss or damage arising from its failure or your failure to protect your user name, password, or any other account information.

(c) Administrative Fee

Currently, the Portal service is provided free of charge. However, Markham M Medical, on its own behalf and on behalf of any third party providing the Portal service (presently or in the future), reserves the right to charge an administrative fee for this service, or any part thereof, in the future, in which case Markham M Medical will provide a 30 days’ notice on the Portal before implementing such fee.

5. Discontinuance

Your participation in the Portal is voluntary. If you decide not to participate in the Portal, this will not affect the care that you receive from Markham M Medical. You are free to discontinue your participation in the Portal at any time by notifying the Portal Administrator at info@covidtestnearme.org. If your access to the Portal is discontinued, your portal account will be deactivated.

6. Privacy and Personal Health Information

The Portal is secured through encryption technologies, and your Portal account will be password protected and only you and authorized Markham M Medical personnel will have access to your personal health information. All personal health information, as defined under the Personal Health Information Protection Act, 2004, collected on the Portal will be held in the strictest confidence by Markham M Medical to the extent permitted by law and in accordance with Markham M Medical’s privacy policy and information practices. Further information regarding our privacy policy and procedures is available at http://www.covidtestnearme.org or by contacting our Markham M Medical Privacy Custodian at info@covidtestnearme.org.

Personal health information posted on the Portal is provided by Markham M Medical at the patient’s request for their personal use only and may be subject to verification without notice. In addition, by providing your personal information while accessing and using the Portal, you are indicating that you agree to receive information from Markham M Medical about new Markham M Medical locations and new services offered by Markham M Medical.

7. Copyright

The Content is copyrighted and is owned by Markham M Medical, its licensors, or the provider of the Content, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the Portal or of its Content, whether in whole or in part, is prohibited without Markham M Medical’s express prior written consent.

8. Limited Licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Portal and the Content, including personal health information, for your personal, non-commercial use. Access to the Portal for any other purpose is prohibited. 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 cannot copy and/or repost items comprising the Content online other than within this Portal. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Portal. In the event of a conflict between the terms of a licence governing particular content and this Agreement, the terms of the specific licence will govern.

9. Software Licence

(a) All software embedded in or located on or at the Portal, including, without limitation, all computer code of all types and all files and/or images contained in or generated by such software (collectively, “Software”) is protected by copyright and may be protected by other rights. All Software is owned by Markham M Medical, its licensors, or the party accredited with ownership of the Software. You are hereby granted the right to access and use the Software embedded and integrated into the Portal, 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 the Software.

(b) If the Portal provides Software for download, unless otherwise specified, 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 license 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) reproduce the Software only as reasonably required to install, run, and make reasonable backup copies to the extent permitted by law.

(c) 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, licenses, transfer, or otherwise provide access to the Software;

(iii) alter, remove, or cover any trademarks or proprietary notices, including from the Software; and/or

(iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

(d) Other than the limited licence granted herein, nothing contained in the Portal shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Portal or made available for download from the Portal, including, but not limited to, any intellectual property rights in the Software.

(e) All Software embedded or integrated into the Portal is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that the Software:

(i) is of merchantable quality and/or is fit for any particular purpose;

(ii) will conform with any specifications relating to the Software;

(iii) will be free from material defects;

(iv) contains no computer viruses or other contaminants; or

(v) shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

10. Submissions to the Portal

(a) Content

The Portal may allow you to post messages and content, participate in discussion groups, to interact with Markham M Medical, their agents, physicians, qualified health care providers, and other users, as well as to upload files, documents, or other materials (collectively, “Submission(s)”). Markham M Medical does not control the content of any Submission and has no obligation to monitor any Submission. While Markham M Medical may attempt to delete insulting, offensive or inaccurate Submissions of which it is notified, it cannot prevent them and is not responsible for any damage such Submissions may cause. However, Markham M Medical 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 upload or to remove any Submission, in whole or in part, that, in Markham M Medical’s sole discretion, are objectionable, inaccurate, misleading, or in violation of this Agreement. Markham M Medical will fully cooperate with any legal obligation to disclose the identity of anyone making a threatening, libelous, obscene, pornographic, profane, or otherwise offensive or illegal Submission. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.

(b) Rules of Conduct

It is a condition of your use of the Portal that, when you make a Submission to the Portal, you do not do any of the following:

(i) Restrict or hinder another user from using and enjoying the Portal, interfere or attempt to interfere with the proper workings of the Portal, or do anything which, in the sole discretion of Markham M Medical, imposes an unreasonable or disproportionately large burden on the Portal infrastructure;

(ii) Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any Submission comprising of or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, federal, or international law or regulation;

(iii) 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;

(iv) Post or transmit any Submission which contains a virus or other harmful component;

(v) Post or transmit “junk mail”, “chain letters”, unsolicited mass mailing or “spam”; and

(vi) “Mine” or otherwise use the Portal for commercial purposes, including, without limitation, posting, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, or pyramid schemes.

(c) Non-Confidential Communications

Subject to any applicable law, any communications, excluding those containing your personal health information, sent by or to you through the Portal or otherwise to Markham M Medical, are on a non-confidential basis and Markham M Medical is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. Markham M Medical shall be free to use the content of any such communication, including, without limitation, any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing, and/or marketing goods and services. You agree not to assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication including, without limitation, acknowledgement that you are the source of such communications.

(d) Grant of Licence

By making a Submission to the Portal, other than your personal health information, you grant the Owner a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license 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) sublicense to third parties the unrestricted right to exercise any other of the foregoing rights.

In addition, you hereby:

(i) waive all moral rights in your Submissions in favor of the Owner;

(ii) consent to your name, address, and email 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 Markham M Medical 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.

11. Tools

All tools, calculators, or quizzes (“Tool(s)”) made available on the Portal are provided for general and illustrative purposes only. Tools do not constitute medical advice and are not intended to be a substitute thereof. You should not act or refrain from acting based on any information provided by any such Tool.

12. Medical Advice

Always seek the advice of a physician or other qualified health care provider practicing in your jurisdiction concerning any questions you may have regarding any medical conditions or any information obtained from the Portal. Never disregard professional medical advice or delay in seeking it because of something you have read on the Portal. Always consult with your physician or other qualified health care provider before beginning a new treatment, diet, or fitness program. Information obtained on the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

13. Medical Emergency

Do not use the Portal for medical emergencies and do not attempt self-treatment based on anything you have seen or read on the Portal. If you have a medical emergency, call a physician, qualified health care provider, or 911 immediately.

14. No Doctor-Patient Relationship

The presentation of information on the Portal does not establish a doctor-patient relationship between you and Markham M Medical (or any of its physicians or other qualified health care providers) and is not intended as a solicitation of individuals to become Markham M Medical’s patients or clients (or any of its physicians or other health care providers).

15. No Endorsements

Unless expressly stated, Markham M Medical does not recommend or endorse any particular brand of products, services, procedures, or other information that appears or is advertised from time to time on the Portal.

16. Linking

The Portal may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by Markham M Medical of any third-party website and its content. Unless specifically stated, Markham M Medical does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:

(i) regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;

(ii) regarding the merchantability and/or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third-party websites; or

(iii) that the operation of such third-party websites will be uninterrupted or error-free, that defects or errors in such third-party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.

Markham M Medical does not wish the Portal to be linked to or from any third-party website. Markham M Medical reserves the right to prohibit or refuse to accept any link to the Portal at any time and may remove a link without notice. You agree to remove any link to the Portal you may have acquired or stored at Markham M Medical’s request.

17. Disclaimer

The Portal and the Content are provided “as is”. While Markham M Medical endeavors to provide accurate, current, and timely information, Markham M Medical makes no representation, warranties, or covenants, express or implied, regarding the Portal and the Content including, without limitation, no representation, warranty or covenant that:

(i) the Content contained in or made available through the Portal will be of merchantable quality and/or fit for a particular purpose;

(ii) the Portal or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;

(iii) the operation of the Portal will be uninterrupted or error-free;

(iv) defects or errors, whether human or computer errors, in the Portal or the Content will be corrected;

(v) the Portal will be free from viruses or harmful components; and that

(vi) communications to or from the Portal will be secure and/or not intercepted.

Markham M Medical cannot guarantee the security or confidentiality of any communication to or from the Portal given that any information transmitted over the internet is generally not secure. Markham M Medical and its physicians, qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns assume no liability resulting from the release of any information or material contained in the Portal.

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

18. Limitation of Liability

In no event shall Markham M Medical and its physicians, qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, or consequential damages, including, without limitation, any loss or damages in the nature of or relating to medical or personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, lost business, or any other loss incurred in connection with your use, misuse, reliance upon the Portal or the Content, or your inability to use the Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Markham M Medical knew of or ought to have known of the possibility of such damages.

Markham M Medical disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Portal, or any advertiser or sponsor of the Portal (collectively, “third-party”). Under no circumstances shall Markham M Medical or its physicians, qualified health care providers, officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion 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 Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Markham M Medical knew of or ought to have known of the possibility of such damages.

19.Indemnity

You agree to indemnify, defend, and hold harmless Markham M Medical and its physicians, qualified health care providers, 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 Portal, the Content, or any website to which the Portal 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 Portal.

20. Modification to the Portal

Markham M Medical reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Portal or any part thereof with or without notice to you. Markham M Medical shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Portal or any part thereof.

21. Termination

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

22. Use Prohibited Where Contrary to Law

Use of this Portal is unauthorized in any jurisdiction where the Portal or any of the Content may violate any laws or regulations. You agree not to access or use the Portal in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.

23. Governing Law

The Portal is operated by Markham M Medical from its offices in Ontario, Canada. You agree that all matters relating to your access or use of the Portal and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Portal and the Content, as well as any dispute that may arise therefrom.

24. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.

25. Waiver

Any consent by Markham M Medical, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.

26. Entire Agreement

This is the entire agreement between you and Markham M Medical relating to your access and use of the Portal. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and Markham M Medical relating to the subject matter of this Agreement.

27. Contact Us

Questions or comments regarding the Portal should be directed to the Portal Administrator at info@covidtestnearme.org.

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