Terms of Use

LAST UPDATE: May 2, 2008

Please read these Terms of Use (the "Terms") carefully before using this site. These Terms are a legal agreement that apply to all users of the Healthscreen Solutions Inc. ("Healthscreen", "We" or "Us") website (the "Website"), and to all products, services, resources, information, materials and other content available on the site (which we collectively refer to in these Terms as the "Content"). These Terms incorporate by reference the Healthscreen Privacy Policy .

BY ACCESSING OR USING THIS WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE. THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES.

1. No Medical Advice

The Content of the Website is for informational purposes only. The Content is not intended to be professional medical advice or suggest treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have. Never disregard professional medical advice or delay in seeking it because of something you read on this Website. Healthscreen does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this Website. RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK.

2. Electronic Communications

When you visit the Website, or any pages thereof, send e-mails to us, or submit information to us, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.

3. Copyright

All Content on this site, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the Website, is owned by Healthscreen or its content licensors and suppliers and protected by Canadian laws and international treaties.

You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any Content.

Any feedback provided to us regarding the Website or its Content may be used by us without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral. We will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.

4. Trademarks

HSpractice, HSphysician, HSpatient, HSbilling, CallerMD, PrevCareMD, and ScriptsMD. are trademarks of Healthscreen and may be registered in certain jurisdictions. Other Healthscreen graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Healthscreen. All other trademarks not owned by Healthscreen that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Healthscreen. The display of trademarks and tradenames on this site does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All Rights Reserved.

5. License and Site Access

We grant you a limited license to access and make personal use of this site but not to download its Contents (other than page caching or where expressly permitted by Healthscreen). This license does NOT include and expressly prohibits: (i) any resale or commercial use of this site or its contents; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of this site or its Contents; or (iv) any use of data mining, robots, spiders, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Healthscreen without express prior written consent. Any unauthorized use terminates the permission or license granted by us.

6. Additional Terms

Your use of certain resources made available on the site or your participation in certain transactions on the site (such as on-line purchases) may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.

7. Product Descriptions

We attempt to be as accurate as possible. However, we do not warrant that product and service descriptions or Content of this site are accurate, complete, reliable, current, or error-free.

8. Third Party Sites and Products

We may provide links to various third party web sites solely as a convenience for our users and these terms DO NOT apply to such sites. Such third party sites are not under our control or direction and we have not reviewed them. We do not endorse or sponsor, and are not responsible or liable for, the contents, products or services available at any such linked site or the practices of these web sites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use of such third party web sites.

From time to time we may offer third party products and services for purchase by users. These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and we provide no representations or warranties whatsoever regarding them.

9. Disclaimer of Warranties and Limitation of Liability

YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK.

THIS WEBSITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHSCREEN, OUR SUPPLIERS, LICENSORS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE REGARDING THE WEBSITE OR THE CONTENT. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEALTHSCREEN, OUR SUPPLIERS, LICENSORS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN PARTICULAR, AND WITHOUT LIMITING GENERALITY OF THE FOREGOING, WE DO NOT WARRANT:

(A) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

(B) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OF THE CONTENT OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR HEALTHSCREEN; OR

(C) THAT ANY PRODUCTS OR SERVICES PURCHASED FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEALTHSCREEN, OUR LICENSORS, SUPPLIERS, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, THE CONTENTS OR ANY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY/WRONGFUL DEATH, LOSS OF PROFITS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, LOST OR DAMAGED DATA OR OTHER INTANGIBLE LOSSES, OR ANY OTHER ECONOMIC LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.

10. Indemnity

You agree to defend, indemnify and hold Healthscreen, its suppliers, licensors and each of our respective officers, directors, employees, and agents, harmless from and against any claims, actions, demands, damages, liabilities, costs, expenses and settlements (including without limitation, reasonable attorney's fees) resulting from, or alleged to result from, your use of the Website or violation of these Terms.

11. Changes

We reserve the right to change these Terms at our sole discretion and without notice. Changes are effective on the date they are posted (which you can determine by looking at the top of this document). We recommend that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes. Your continued use of the Website signifies your acceptance of any changed Terms.

12. Governing Law

Healthscreen is based in Ontario, Canada with principle offices in the province of Ontario, Canada. By visiting the Website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Healthscreen. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. You consent and submit to the non-exclusive jurisdiction of Ontario courts.

We make no representation that the Website or Content are appropriate or available for use in other locations. Accessing the Website or Content from jurisdictions where they are illegal is prohibited. If you choose to access this Website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and the Content and your purchase of any products or services.

13. Survival

In the event of termination of your access to or use of the Website or the Content, the provisions respecting your representations, warranties and indemnities; Healthscreen's Disclaimer of Warranties and Limitations of Liability; Governing Law; Copyrights; and Trademarks will survive unless waived in writing by Healthscreen.

14. Entire Agreement; Severance, Headings; No Waiver

These Terms and any and all other legal notices and policies on this site (including the Privacy Policy) constitute the entire agreement between Healthscreen and you with respect to access and use of the Website and the Contents. If any provision of these Terms are hold to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.

15. Basis of Bargain

The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the Website or its associated products or services on an economic basis without such limitations.