Terms and Conditions of Use
1) ACCEPTANCE OF TERMS
2) YOUR ACKNOWLEDGEMENTS
You acknowledge that access to the Web Site and the Content is provided “AS IS” and you confirm and acknowledge that:
- you will not post, upload, publish, reproduce, transmit or otherwise distribute information or the other material on the Web Site that would constitute criminal offence or give rise to civil liability or which is protected by any intellectual property right, without the permission of the holder(s) of such right;
- you will not use the Web Site in a manner that would adversely impact the use of the Web Site by others;
- you possesses the requisite authority and capacity to enter into this agreement;
- you will use the Web Site in accordance with all of the Terms, and any other guidelines that may be posted on the Web Site from time to time;
3) PROPRIETARY CONTENT
You acknowledge and agree that the software incorporated into the Web Site, (the “Software”), is provided by DoctorDirect.com and that the Web Site and the Software contain copyrighted material, trade secrets and other proprietary material (the “Content”) that is protected by applicable intellectual property and other laws. Except as otherwise indicated, all of the Content is the property of DoctorDirect.com, its third party service providers or licensors. Any other use of the Content, including without limitation, use on any other website, modification, distribution, reproduction, republication without the prior written consent of DoctorDirect.com or its third party service providers or licensors, as the case may be, is strictly prohibited and may subject you to liability for violation of copyright, trademark or other laws. Moreover, you specifically agree not to decompile, reverse engineer, disassemble or otherwise reduce the Software, or modify, rent, lease, loan, sell, distribute or create derivative works based on the Content or the service, in whole or in part.
Use of the Content is limited to your personal use on the Web Site and you agree not to use any portion of the service, the Content or the Software, for any commercial purposes.
You agree to indemnify and hold DoctorDirect.com, and its subsidiaries, affiliates, officers, agents, service providers, and employees, harmless from and against any and all damages, liabilities, claims, demands, or expenses whatsoever, including reasonable attorneys’ fees, resulting directly or indirectly from:
- your breach of any of the Terms; or,
- your access to, use, misuse, reliance upon or inability to access or use the Web Site or the Content;
The Web Site may contain links to other sites (“Links”) operated by parties with which DoctorDirect.com has no contractual or other relationship. DoctorDirect.com does not review or monitor such web sites and assumes no responsibility for the accuracy or appropriateness of the information contained on such web sites or for any products or services offered through them. Furthermore, DoctorDirect.com does not recommend or endorse such Links and you acknowledge that DoctorDirect.com shall not be responsible, either directly or indirectly for any damage caused in connection with the use of any such web site or the goods and services available through them. DoctorDirect.com provides access to the Web Site on an “as is” at your sole risk. Neither DoctorDirect.com or any of its officers, directors, employees, owners, agents, third party content and service providers, sponsors or licensors makes any representation or warranties, either expressed or implied and expressly disclaims all such warranties with respect to the Links.
7) DEALINGS WITH ADVERTISERS
Your correspondence or dealings with advertisers found on the Web Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Unless specifically stated, DoctorDirect.com 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. You agree that DoctorDirect.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Site.
8) DISCLAIMER; LIMITATION OF LIABILITY
WHILE DoctorDirect.com USES REASONABLE EFFORTS TO ENSURE THAT THE CONTENT ON THE WEB SITE IS CORRECT, ACCURATE, CURRENT AND TIMELY, DoctorDirect.com MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEB SITE, THE CONTENT, THE SERVICE OR ANY OTHER DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY DoctorDirect.com IN CONNECTION WITH THE USE OF THE WEB SITE. UNDER NO CIRCUMSTANCES WILL DoctorDirect.com, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE WEB SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILE OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DoctorDirect.com’S RECORDS, PROGRAMS OR SERVICES.
These Terms constitute the entire agreement between you and DoctorDirect.com and govern your use of the Web Site. The agreement and the relationship between you and DoctorDirect.com shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions. The failure of DoctorDirect.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the Terms and the other provisions thereof should remain in full force and effect.