To access and use the Portal, you must be 18 years of age or older.
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:
(c) Administrative Fee
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.
(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.
(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.
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:
(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.
(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.
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.
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.
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.
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).
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.
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:
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
Questions or comments regarding the Portal should be directed to the Portal Administrator at [email protected]