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Terms of Use Notice

 

 

Terms of Use Agreement ​Acceptance ​

 

It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Dr. JB Shum, the owner and operator ("Owner") of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”). By accessing and using the Website, you are indicating your acceptance 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 Website. The Owner may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

 

Medical emergency ​

Do not use the Website for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 (or the applicable local emergency number) immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have seen or read on the Website.

 

No physician-patient relationship 

The presentation of Content on the Website does not establish a physician-patient relationship between you (or someone else and the Owner (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians).

 

No endorsements ​

Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, business, or other information that appears or that may be advertised on the Website.

 

Disclaimer of warranties 

The Website and the Content are provided “AS IS”. While the Owner endeavours to provide Content that is correct, accurate, current and timely, the Owner makes no representations, warranties, conditions, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, condition, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose, (ii) the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected, (v) that the Website will be free from viruses or harmful components, and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

 

Limitation of liability 

​In no event shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages. The Owner also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party useradvertiser or sponsor of the Website (“Third-Party”). Under no circumstances shall the Owner, its physicians, officers, directors, employees, agents, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner 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 Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

 

Indemnity 

You agree to indemnify, defend and hold harmless the Owner and its physicians, 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 Website, the Content or any Website to which the Website 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 Website.

 

Copyright 

The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.

 

Security 

Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Website.

 

Modification to Website

The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.

 

Use prohibited where contrary to law

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

 

Governing law and jurisdiction 

The Website is operated by the Owner from its offices within the Province or Territory of Ontario, Canada. Dr. JB Shum is licensed by College of Physicians and Surgeons to practise medicine in Ontario. You agree that all matters relating to your access, or use of the Website and its Content shall be governed by the laws of the Province or Territory of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the Province or Territory of Ontario and of Canada.

 

Waiver 

Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

 

Severability 

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.  Notice Questions or comments regarding the Website should be directed by e-mail to surgery@drjbshum.com.

 

Termination  ​

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

 

Entire Agreement 

​This is the entire Agreement between you and the Owner relating to your access and use of the Website and Content. 

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