The following describes the Terms of Service and Conditions of Use for our website. This Terms of Services and Conditions of Use (this “Agreement”) is a legal agreement between you and [INSERT DAWSON CENTRES], carrying on business as Dawson Dental (“Dawson”, “we”, “us” or “our”), providing, among other things, the terms and conditions for your access to and use of our Canadian website http://dawsondental.ca (“Our Website”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE AND PRINT A COPY FOR YOUR RECORDS. BY ACCESSING OR USING OUR WEBSITE (INCLUDING USE OF THE ONLINE PAYMENT PORTION OF OUR WEBSITE), YOU AGREE TO BE BOUND BY THE AGREEMENT SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THE AGREEMENT, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER ANY AMENDMENTS ARE POSTED ON THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
Our Website (which includes any internal websites stemming from it, such as webpages pertinent to the main website or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with this Agreement.
You agree to obey all applicable laws and regulations regarding your use of Our Website and the content and materials provided in it.
Our Website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any other company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here.
1. Copyright, Trademarks and Licenses
The contents of Our Website are protected by intellectual property law, including international copyright and trademark laws. As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on Our Website. Publications, products, content, company names or services referenced herein or on Our Website may also be the exclusive trade-marks or service marks of Dawson, related parties or third parties.
The copyrights, trademarks and/or any other intellectual property provided on Our Website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
You do not own rights to any article, book, e-book, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from Our Website or via email. The posting of data on Our Website, such as a blog comment, does not change this fact and does not give you any right in the data.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. If you violate any of the terms of this Agreement, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use Our Website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of Our Website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of Our Website that forbids printing & downloading trumps all prior statements and controls.
Links to Our Website
You may provide links to Our Website, provided you will not change, remove, or obscure the copyright notice or other notices on Our Website and it is in accordance with this Agreement and any applicable laws. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to Our Website immediately upon request by Dawson.
2. Use of Our Website
In order to use Our Website, you must be at least of the age of majority in the jurisdiction in which you reside. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least of such age of majority. If you do not agree to, or cannot comply with, any of these terms or this Agreement, please do not attempt to access or use Our Website.
Data contained on or made available through Our Website is not intended to be, and does not constitute, medical or health advice. Our Website, and your use of it, does not create a dentist-patient relationship. While we do our best to provide you with informative content, we do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to Our Website.
Your use of Our Website or materials linked to Our Website is completely at your own risk. You should not act or rely on any data on Our Website, where applicable, without seeking the advice of a healthcare professional licensed to practice in your jurisdiction for your particular medical, dental or health issues.
We may make changes to the features, functionality or content of Our Website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on Our Website.
Your Duties To Our Website and Other Users
Your use of Our Website is for your own personal, non-commercial benefit. As a user, you agree to use the products and services offered by Our Website in a manner consistent with all applicable local, provincial and federal laws and regulations. When you submit information to Dawson through Our Website (including through the “chat now” or “virtual consultation” features of Our Website), you should only submit your own information and not submit any personal, medical, potentially sensitive or otherwise confidential information relating to anyone else unless you are authorized to do so.
By using Our Website, you represent, warrant and covenant that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining list of users or other information, or send chain letters or pyramid schemes via Our Website; (c) attempt to gain unauthorized access to our computer systems through Our Website; (d) transmit any viruses or any other disabling mechanisms; (e) use Our Website for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any internet activities that would violate the privacy or other rights of others; or (g) attempt to penetrate the security measures of Our Website or obtain or bypass others’ passwords. You agree that you will not use Our Website in any manner that could damage, disable, overburden or impair Our Website or interfere with any other party’s use and enjoyment of Our Website.
Our Website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of Our Website is also prohibited. Unless allowed by a written agreement with us, you may not post or transmit advertising or commercial solicitation on Our Website.
Access to certain areas of Our Website (such as the online payment feature described below) is restricted. We reserve the right to restrict access to other areas of Our Website at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of Our Website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of Our Website, including this Agreement, or any other contractual obligation you owe to us.
We maintain an online invoice payment system on Our Website as a service to patients in Canada who wish to pay their dental invoices online. If you are an existing patient and have a valid invoice, you may pay your dental invoices by logging in with your user ID (username) and password (or alternatively, paying as a “guest”), specifying the invoice number and payment amount, and providing your payment information. By providing us with your payment information, you hereby authorize us to charge that credit card or financial institution account for the amount specified. Upon completion of the invoice payment process, you will be charged in Canadian dollars (CAD) using the billing information provided.
Disclaimers and Assumption of Risk
THE FOLLOWING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE (INCLUDING BUT NOT LIMITED TO ALL ITS CONTENT) IS PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. DAWSON DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS OF A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. DAWSON DOES NOT WARRANT, AND PROVIDES NO CONDITIONS, THAT THE CONTENT OF OUR WEBSITE WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DAWSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF OUR WEBSITE OR IN LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE AND THAT DAWSON SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR WEBSITE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DAWSON OR ITS REPRESENTATIVES (INCLUDING THROUGH THE “CHAT NOW” FEATURE OF OUR WEBSITE) WILL CREATE A WARRANTY OR CONDITION AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAWSON, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON OUR WEBSITE BE LIABLE TO YOU FOR (I) ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF PROGRAMS OR INFORMATION, AND ANY OTHER PECUNIARY LOSS AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTION, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH DAWSON AND ANY AFFILIATED OR THIRD PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites
Our Website contains links to third party websites. Our Website makes no representations whatsoever about any other website which you may access through this one or which may link to Our Website. When you access a website from Our Website, please understand that it is independent from Our Website, and that Our Website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by Our Website of the contents on such third-party websites. Our Website is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of material on such third party websites and we are not responsible or liable for any damage or loss caused by or in connection with your use of or reliance on any content from any third party websites. If you decide to access linked third-party websites, you do so at your own risk.
You agree to indemnify, defend and hold harmless Dawson, its members, affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers to Our Website from and against all losses, expenses, damages and costs, including reasonable lawyers’ fees, resulting from any use or misuse of Our Website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing Our Website.
4. Third Party Rights
The provisions of paragraphs 2 (Use of Our Website), and 3 (Indemnification) are for the benefit of Dawson and its owners, affiliates, officers, directors, employees, agents, licensors, suppliers, and any third party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
5. Term; Termination
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Trademarks and Licenses), 2 (Use of Our Website), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring a Dentist or Other Health Professional), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6. Hiring a Dentist or Other Health Professional
Medical and dental issues are complex. Never should a website be used as a source of diagnosing or treating medical or dental problems. Content available through Our Website is for information purposes only and should not be used as medical, dental or health treatment advice. To obtain advice specific to your oral health needs, please book an appointment with a Dawson dentist or other dentist licensed to practice in your area.
You may send us a request or question through our “virtual consultation” or “chat now” features of Our Website or via email, but in no instance will this communication (or any responses provided) in any way be construed as initiating a dentist-patient relationship, or other professional relationship. Any messages or other material that you send to us will become the property of Dawson and will not be returned.
Except where prohibited by law, this Agreement shall treated as though executed, set in force, and performed in the Province of Ontario. Accordingly, it shall be governed and construed in accordance with the laws of the province of Ontario in terms of those applicable to agreements, without regard to conflict of law principles.
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. This Agreement constitutes the entire agreement between you and Dawson with respect to your use of Our Website and supersedes all previous agreements, understandings and representations relating thereto.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under this Agreement shall survive any termination of this Agreement.
Any rights not expressly granted herein are reserved.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this Agreement can and will change over time. Accordingly, this Agreement could read differently as of your very next visit. These changes are necessitated, and carried out, in order to protect you and Our Website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this Agreement, or simply wish to reach us for any other reason, you may do so by using our Contact information: 1-877-279-2794 or firstname.lastname@example.org. Alternatively, you may also write to us at: [1111 Davis Drive Suite 30 Newmarket, ON L3Y 8X2].
Last Updated: October, 2016