Terms of Services - Patients

CANCELLATIONSPOT.COM TERMS OF USE – PATIENTS

The following terms and conditions constitute an agreement between you and Stimulonimbus Incorporated (“Stimulonimbus”, “we”, or “us”), the operator of CancellationSpot.com (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site, whether as a casual visitor or as a registered user.

BY USING THE SITE AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE, including the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve any dispute that you may have with us or the Site in accordance with the dispute resolution provisions of these Terms of Use. If you do not agree to accept and abide by these Terms of Use, you should not access or use this Site. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf.

1. ABOUT THE SITE

Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what is on the Site is viewable without registering with us. However, to actively participate in the Services or save any information you may provide to us, you must register as a member and authorize the use and disclosure of certain of your personal and health information in accordance with our Privacy Policy, which is available at http://cancellationspot.com/privacy-policy/.

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.

4. REGISTRATION

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

In order to register, you must provide your name and Credentials.  No medical information is collected from you per se; however, to use the Services of the Site, you will associate your account with the name and contact information of a Healthcare Provider and your Healthcare Provider may associate your account with a specific service that they offer.  You hereby authorize Stimulonimbus, its employees, agents and others operating on its behalf, to use and/or disclose this personal and health-related information about you in order to carry out the functionality of the Site, including, without limitation, your name, location, contact information, and the name(s) and contact information of the Healthcare Provider(s) with whom you have associated your account, and any other information that is either requested by Stimulonimbus or volunteered by you ("Personal Information"). The CancellationSpot.com Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

The data that we collect from you may be transferred to, and stored at, a destination outside of Canada. It may also be processed by staff operating outside of Canada who work for us or our associated companies. Such staff may be engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

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):

  1. copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
  2. remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

7. CHANGES TO THESE TERMS OF USE

We may change these Terms of Use at any time and from time to time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended Terms of Use on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.

8. CHANGES TO THE SERVICES

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that Stimulonimbus will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

9. ADDITIONAL TERMS

Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

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.

12. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, but will attempt to notify you in advance of such cancellation or suspension. Stimulonimbus shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination.

13. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless Stimulonimbus and our employees, contractors, officers, directors, agents, parent or other affiliated companies, and suppliers, from any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use, of any intellectual property rights or any other rights of any person or entity by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

14. ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

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.

Stimulonimbus’ Policy. 

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"):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Stimulonimbus is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, email address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A sworn statement that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Following receipt of an Infringement Notification by the Designated Agent, it is Stimulonimbus’ policy, upon verification of the contents of such Infringement Notification:

  1. to remove or disable access to the infringing material;
  2. to notify the content provider, member or user that it has removed or disabled access to the material; and
  3. for repeat offenders, Stimulonimbus may also terminate such content provider’s, member’s or user’s access to the service.

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:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside Canada, for any judicial district in which Stimulonimbus is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal. 
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

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and Stimulonimbus and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Stimulonimbus to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

17. CHOICE OF LAW AND DISPUTE RESOLUTION

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Province of Alberta as applied to contracts made and to be performed entirely within Alberta, without giving reference to conflict of laws. Subject to paragraph 15, all disputes arising under these Terms of Use shall be settled and resolved by arbitration in Edmonton, Alberta, by a single arbitrator pursuant to the provisions of the Arbitration Act (Alberta), as it may be amended from time to time and any successor legislation thereto, or, where the user is located outside of Canada, the International Commercial Arbitration Act (Alberta), as it may be amended from time to time and any successor legislation thereto. The arbitrator shall be agreed upon by the parties within twenty (20) days of one party notifying the other parties that arbitration is desired. If the parties fail to agree upon a single arbitrator within such twenty (20) day period, the arbitrator will be appointed by a judge of the Court of Queen’s Bench of Alberta on the application of any party on notice to all the other parties. The award rendered by the arbitrator shall be final and binding and not subject to appeal. The law of Alberta shall apply to the resolution of all disputes resolved by arbitration. The arbitrator shall be empowered to determine all questions of law and fact and may grant injunctive relief. The prevailing party shall be entitled as part of the arbitration award to the reasonable costs and expenses (including legal fees and disbursements) of investigating, preparing and pursuing such claim or defence, and the party enforcing an award shall be entitled to reasonable costs and expenses (including legal fees and disbursements) incurred in connection therewith.

18. ASSIGNMENT

Stimulonimbus may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.

19. ELIGIBILITY

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in Canada and intended for Canadian users; any use outside of Canada is at the user’s own risk and users are responsible for their compliance with any local laws applicable to their use of the Services or the Site.

20. LANGUAGE


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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