RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK
BY USING THIS SERVICE YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN CERTAIN SITUATIONS. READ THIS DOCUMENT CAREFULLY.
This release of liability may also be referred to as the “User Agreement.”
By using this reporting service (the “Service”) provided by Online Nurse (hereafter the “Service Provider”), you (the “User”) agree and swear to the following:
- SERVICE: The Service Provider provides the User with referrals to counselors, therapists, lawyers, or other third parties, that the User has selected and to whom the User has consented to be referred. The User may submit an anonymous report to the Service. Upon receipt, the User will be referred to the third party of choice. Certain measures are used to help protect Users from abuse of the Service by other individuals with malicious or inappropriate intent.
- LIMITATIONS: The Service Provider grants the User a limited, non-exclusive, non-transferable, revocable licence to use the Service for the User’s personal, non-commercial purposes. The User may only use the Service on a device that the User owns or controls, or that the User has made an agreement with another party to use for the purpose of using the Service.
- RESTRICTIONS: The User will use the Service strictly in accordance with the terms of this User Agreement. The User will not
- Decompile, reverse engineer, attempt to derive the private underlying code of, or decrypt data or information from the Service;
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
- Violate any applicable laws, rules, or regulations in connection with the User’s access or use of the Service;
- Remove, alter, or obscure any proprietary notice, copyright, or trademark of the Service Provider;
- Use the Service for any revenue generating business or other operation, commercial enterprise, or other purpose for which it is not designed or intended;
- Use the Service to create an application, product, service, or software that is directly or indirectly competitive with the Service or the Service Provider, or that in any way substitutes the Service; OR
- Use the Service only to conduct background checks or obtain information about persons named in the Service.
- TERMINATION: THE SERVICE PROVIDER MAY, AT ITS SOLE AND ABSOLUTE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE, SUSPEND OR TERMINATE THE USER AGREEMENT WITH THE USER. IF THE USER FAILS TO COMPLY WITH ANY TERMS OR CONDITIONS OF THE USER AGREEMENT, THEN THE USER AGREEMENT WILL AUTOMATICALLY AND IMMEDIATELY TERMINATE, WITHOUT ANY NOTICE OR OTHER ACTION BY THE SERVICE PROVIDER.
- WARRANTY: THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ABOUT THE SERVICE.
- SEVERABILITY: IF ANY PROVISION OF THIS USER AGREEMENT IS HELD TO BE UNENFORCEABLE OR INVALID, SUCH PROVISION WILL BE CHANGED AND INTERPRETED TO ACCOMPLISH THE OBJECTIVES OF SUCH PROVISION TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW AND THE REMAINING PROVISIONS WILL CONTINUE IN FULL FORCE AND EFFECT.
- INTELLECTUAL PROPERTY: This Agreement does not transfer from the Service Provider to you any the Service Provider or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with the Service Provider . the Service Provider , the the Service Provider logo, and all other trademarks, service marks, graphics and logos used in connection with the Service Provider , or the Services are trademarks or registered trademarks of the Service Provider or the Service Provider licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any the Service Provider or third-party trademarks.
- DATA RESIDENCY AND CANADIAN PRIVACY LAW: The Service Provider may contract with third parties to store or process data provided while using the Service. While User personal information is in the hands of any foreign third-party service provider, it is subject to the laws of that country and is no longer protected by Canadian privacy law.
- CHANGES/AMENDMENTS: the Service Provider reserves the right, at its sole discretion, to modify or replace any part of this User Agreement. It is your responsibility to check this User Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this User Agreement constitutes acceptance of those changes. the Service Provider may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this User Agreement. If a change to this User Agreement materially affects your underlying rights, notification of said modification or replacement will be provided within 30 days. What constitutes material will be determined at the sole discretion of the Service Provider.
- VOLUNTARY: The User VOLUNTARILY makes use of the Service.
- CAPACITY: The User has the REQUIRED CAPACITY in their jurisdiction and in accordance with all applicable laws to enter into this User Agreement.
- PROFESSIONAL SERVICES: The User may be connected to one or many certain professional(s) (the “Professional(s)”) by operation of the Service for the purpose of receiving counselling; therapy; advice whether personal, legal, or otherwise; or other inputs, benefits, or services. The User understands that:
- The Professionals are not employees, agents, or representatives of the Service Provider or the Service.
- Once the User contacts a Professional, they enter a separate legal relationship with that Professional. The Service Provider is NOT THE PROVIDER of the services provided by the Professionals.
- The Service Provider assumes NO LIABILITY for any acts or omissions of the Professionals.
- While the Service Provider takes steps to ensure the Professionals are certified and in good standing with their respective professional orders when they are added to the Service, the Service Provider makes NO GUARANTEE as to the continuing certification or good standing of the Professionals.
- The Service Provider DOES NOT GUARANTEE the quality of the services provided by the Professionals.
- RISKS: The User understands that use of the Service by the User CARRIES WITH IT THE POTENTIAL FOR CERTAIN RISKS, some of which may not be reasonably foreseeable. These risks include but are not limited to:
- UNWANTED CONTACT by third parties (being any party other than the Service Provider and the User);
- The UNINTENTIONAL DISCLOSURE of information provided by the User to third parties; and
- OTHER ABUSES of the Service by third parties seeking to impact, harm, or injure the User.
- WAIVER OF LIABILITY: THE USER WAIVES ANY AND ALL CLAIMS THAT THE USER OR THE USER’S NEXT OF KIN, SPOUSE, HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, AND ASSIGNS HAVE OR MAY HAVE IN THE FUTURE AGAINST THE SERVICE PROVIDER. THE USER RELEASES THE SERVICE PROVIDER FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY, OF ANY KIND OR NATURE WHATSOEVER THAT THE USER MAY SUFFER OR THAT THE USER’S NEXT OF KIN, SPOUSE, HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, AND ASSIGNS MAY SUFFER AS A RESULT OF THE USER’S PARTICIPATION IN OR USE OF THE SERVICE, EXCEPT WHERE THE EXCLUSION OF SUCH IS LIMITED BY LAW, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER OBLIGATION OR DUTY OF CARE ON THE PART OF THE SERVICE PROVIDER, INCLUDING THE FAILURE ON THE PART OF THE SERVICE PROVIDER TO TAKE REASONABLE STEPS TO SAFEGUARD THE USER FROM THE RISK, DANGERS, AND HAZARDS OF PARTICIPATING IN OR MAKING USE OF THE SERVICE.
- Every dispute or claim between the User and Service Provider in respect of the provisions of this User Agreement, including without limitation, the interpretation of its provisions, the application or enforcement of its provisions shall be submitted for determination by arbitration to the exclusion of all other courts and tribunals, except with respect of conservatory and injunctive measures required to preserve or safeguard a right or the exercise of such right. A Quebec arbitrator will be selected by mutual consent by both parties.
- NO ADMISSION OF LIABILITY: By the terms of this User Agreement, the Service Provider makes NO ADMISSION OF LIABILITY.
- GOVERNING LAW: This User Agreement and the relationship between the Service Provider and the User will be CONSTRUED in accordance with and GOVERNED BY THE LAWS OF THE PROVINCE OF QUEBEC.
- UNDERSTANDING: The User has READ AND UNDERSTOOD (1) the DISCLAIMER and (2) the RECOMMENDATIONS provided by the Service Provider to protect the User’s privacy, identity, and confidential information, and the TERMS OF (3) THIS USER AGREEMENT.