By using this website, you agree to the following.


ACCEPTANCE

It is important to read the following terms carefully. This Terms of Use Agreement (“the Agreement”) is a legal contract between you and the Université Family Medicine Group La Pommeraie, the owner and operator (“the Owner”) of this website (“the Website”). It sets out the terms and conditions under which you may visit and use the Website, as well as any written material and other material presented on or made available through the Website, including articles, texts, photographs, images, illustrations, audio clips, video clips, software, and computer code (“the Content”).

By accessing and using the Website, you indicate your acceptance of being 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 amend this Agreement at any time by updating this document. Use of the Website after posting changes indicates your acceptance of the new terms. You should periodically review this page to revisit the Agreement.


MEDICAL EMERGENCY

DO NOT use the Website for medical emergencies. If you have a medical emergency, call a physician, qualified healthcare professional, or dial 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.


GENERAL INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE

The general information provided on the Website is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or care, nor is it intended as a substitute. You should always seek the advice of your physician or other qualified healthcare professional, duly licensed in your area, concerning any questions you may have about information obtained from this Website or about any medical condition you believe may affect you or someone else.

Never ignore professional medical advice or delay seeking it because of something you have read on this Website. Always consult your physician or other qualified healthcare professional before starting any new treatment, diet, or fitness program.

The information available on this Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or treatments.


NO PHYSICIAN-PATIENT RELATIONSHIP

The presentation of general information on the Website does not establish a physician-patient relationship between you and the Owner (or its physicians), and it is not intended as an invitation for anyone to become a patient or client of the Owner. This section does not apply if you are using the Website to communicate with a physician with whom you already have a physician-patient relationship.


NO ENDORSEMENT

Unless expressly stated, the Owner makes no recommendations or endorsements of any specific brand of products, services, methods, or other information appearing on or advertised on the Website.


EMAIL COMMUNICATION WITH THE PUBLIC

The Owner does not wish to use this Website to communicate with the public (i) about medical questions or issues; (ii) to establish physician-patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services, or similar subjects.

Email communications on such matters will not be answered and will be deleted unread. If you are not already a patient and wish to contact the Owner or its physicians about medical matters, appointments, accounts, or other questions, please do so by telephone, fax, or mail as indicated on the Website.


DISCLAIMER OF WARRANTIES

The Website and its Content are provided “AS IS” and “AS AVAILABLE.” While the Owner strives to provide accurate, precise, up-to-date, and timely information, it makes no representations, warranties, or conditions, express or implied, regarding the Website and its Content, including, without limitation:

  1. that the Content will be merchantable and/or fit for any particular purpose,
  2. that the Website or its Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose,
  3. that the operation of the Website will be uninterrupted or error-free,
  4. that defects or errors will be corrected,
  5. that the Website will be free from viruses or harmful elements, and
  6. that communications to or from the Website will be secure and not intercepted.

You acknowledge and agree that your use of the Website and its Content is entirely at your own risk and responsibility.


LIMITATION OF LIABILITY

The Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns shall not be liable for damages of any kind, including, without limitation, direct, special, indirect, exemplary, punitive, incidental, or consequential damages, including business loss, medical injury, bodily injury, wrongful death, misdiagnosis, inaccurate information, inappropriate treatment, or any other loss related to your use or misuse of the Website or its Content, your reliance on it, or your inability to use it, regardless of cause.

This limitation applies even if the Owner knew or should have foreseen the possibility of such damages.

The Owner also expressly disclaims responsibility for the acts, omissions, and conduct of any third-party user of the Website, or of any advertiser or sponsor (“Third Party”).


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns from and against any claims, demands, liabilities, costs, or expenses of any kind, including legal fees, arising directly or indirectly from:

  1. your breach of this Agreement;
  2. your access to or use/misuse of the Website or reliance on any information it contains;
  3. your use of or reliance on information contained on the Website, or your posting, distribution, uploading, downloading, or transmission of such information.

USE OF THE WEBSITE

The Owner authorizes you to access and use the Website in Canada for non-commercial personal purposes, in accordance with this Agreement. You acknowledge and agree that the Website and its Content are intended for Canadian residents only.


COPYRIGHT

The Content is protected by copyright law and belongs to the Owner and its licensors, or the accredited content provider. Except as permitted in this Agreement’s limited license, any use of the Content, including modification, transmission, distribution, republication, or exploitation, is prohibited without prior express written consent of the Owner.


LIMITED LICENSE

Subject to the terms of this Agreement, you are granted a non-transferable, non-exclusive limited license to access, read, and use the Website and its Content for personal, non-commercial purposes.

You may download, save, and/or print single copies of the Content for personal, non-commercial use, provided all copyright and other notices are retained.


LINKS

The Website contains links to third-party websites. These links are provided only for your convenience and do not represent endorsement by the Owner. The Owner is not responsible for any third-party websites, their content, or operation.

The Owner reserves the right to refuse or withdraw links to the Website at any time.


REGISTRATION

To use certain Website features, you may be required to create an account. You agree to provide true, accurate, current, and complete information and to update it promptly.

The Owner may suspend or terminate your account if your information is false or incomplete.


PASSWORD

You are responsible for maintaining the confidentiality of your account password and for all activities under your username and password. The Owner is not liable for any loss or damage from your failure to protect your password or account.


SOFTWARE LICENSE

Any software integrated into or available on the Website is protected by copyright and may also be protected by other rights. Unless otherwise indicated, you are granted a non-transferable, non-exclusive license to install and use one copy of such software for personal, non-commercial purposes, subject to this Agreement.

All software is provided “as is,” without warranties of merchantability, fitness, or performance.


TOOLS

Any tools or calculators provided on the Website are for general information only and do not constitute medical advice.


SECURITY

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 OF THE WEBSITE

The Owner reserves the right to modify, suspend, or discontinue the Website (in whole or in part) at any time without notice, without liability.


PROHIBITED USE

You must not use the Website in any jurisdiction where doing so would violate applicable laws. Compliance with local laws is your responsibility.


GOVERNING LAW AND JURISDICTION

The Website is operated from the province of Quebec, Canada. Physicians associated with this Website are licensed by the Collège des médecins du Québec.

This Agreement is governed by the laws of Quebec and the applicable laws of Canada, without regard to conflict of laws rules. You agree to submit to the exclusive jurisdiction of the courts of Quebec.


WAIVER

Any waiver by the Owner of a breach of this Agreement does not constitute a waiver of any other or subsequent breach.


SEVERABILITY

If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain valid and enforceable.


NOTICES

Questions or comments regarding the Website must be addressed in writing to:

Université Family Medicine Group La Pommeraie
1599 Rue du Sud, Suite 110
Cowansville, QC J2K 2Z4
Canada


TERMINATION

The Owner may terminate your right to use the Website at any time without notice. Upon termination, you must cease accessing the Website.

Limitations of liability, disclaimers, and ownership rights survive termination.


ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and the Owner regarding your access to and use of the Website.


Source:
Adapted from the CMPA Model Website Terms of Use for Physicians:
https://www.cmpa-acpm.ca/static-assets/pdf/advice-and-publications/risk-management-toolbox/com_terms_of_use_agreement_template-f.pdf
Consulted February 15, 2021.