1. ABOUT THE SITE
2. WE DO NOT PROVIDE MEDICAL ADVICE
Although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to any questions or postings) may be provided by individuals in the medical profession, such Information is for information purposes only. The Information does not create a medical professional/patient relationship and is not intended to constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. The Information that you may obtain or receive from Stimulonimbus, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only.
THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911, OR YOUR LOCAL EMERGENCY CONTACT INFORMATION. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk. STIMULONIMBUS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR ASSOCIATED WITH THE USE OF OR RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
3. NO DOCTOR PATIENT RELATIONSHIP IS FORMED
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, THE BROWSE PROVIDER FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND A MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION WITH REGARD TO ANY MEDICAL PROFESSIONALS, SPECIALISTS OR OTHER HEALTHCARE PROVIDERS LISTED ON OUR SITE (COLLECTIVELY, "HEALTHCARE PROVIDERS"), NOR DO WE ENDORSE IN ANY WAY ANY INDIVIDUAL LISTED ON OUR SITE. WE DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION PROVIDED ABOUT HEALTHCARE PROVIDERS LISTED ON OUR SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
You are strongly advised to perform your own investigation prior to selecting a Healthcare Provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Provider by confirming with the Healthcare Provider’s office, your current physician, any medical association relative to the Healthcare Provider’s specialty, if any, and your provincial or state medical board, as applicable.
We have no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury or losses resulting therefrom, or for any other injury or losses resulting from the use of the Site or Services whatsoever.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to support@CancellationSpot.com.
5. YOUR PERSONAL INFORMATION
The transmission of information via the internet is not completely secure. We cannot therefore guarantee the security of data you transmit to the Website or to us by email. Once we have received your information, we will store it in electronic and physical records maintained by our associated companies and will use strict procedures and security features to try to prevent unauthorised access.
6. YOUR RESPONSIBILITIES
Even though some Services are provided free of charge to Patients, the usual and customary charges for any medical services rendered by collaborating Healthcare Providers profiled on the Site will apply and will be entirely your responsibility.
We do not charge patients to create an account or for use of the base Services. Additional carrier charges for roaming, data usage, SMS text messages received, and phone calls received may apply. Please contact your mobile phone carrier for more information.
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
8. CHANGES TO THE SERVICES
9. ADDITIONAL TERMS
10. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Stimulonimbus MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. Stimulonimbus DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
11. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES, OR ANY PART THEREOF. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. ELECTRONIC CONTRACTING AND NOTICES
15. COPYRIGHT DISPUTE POLICY
Stimulonimbus has adopted the following general policy toward copyright infringement. The address of Stimulonimbus’ designated agent to receive any notifications of claimed copyright infringement ("Designated Agent") is provided at the bottom of this section.
It is Stimulonimbus’ policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Infringement Notification"):
Following receipt of an Infringement Notification by the Designated Agent, it is Stimulonimbus’ policy, upon verification of the contents of such Infringement Notification:
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice (the "Counter-Notice") containing the following information to the Designated Agent listed below:
If a Counter-Notice is received by the Designated Agent, Stimulonimbus may send a copy of the Counter-Notice to the original complaining party informing that person that Stimulonimbus may replace the removed material or cease disabling it in 10 business days following Stimulonimbus’ receipt of the Counter-Notice. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 business days after receipt by Stimulonimbus of the Counter-Notice, or such longer period as Stimulonimbus may determine, in its discretion.
Address for Designated Agent.
Please contact Stimulonimbus’ Designated Agent at the following address:
Email to: support@CancellationSpot.com
16. ENTIRE AGREEMENT
17. CHOICE OF LAW AND DISPUTE RESOLUTION
The Site and the Services are available only in the English language.
Last Updated on September 12, 2016. © 2016 Stimulonimbus Incorporated All Rights Reserved.
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