Terms of Use - Plan Well Guide

WEBSITE TERMS OF USE

This website is owned and operated by Dr. Daren Heyland (referred to in this Privacy Policy as the “Owner”, or sometimes as “we” or “us”).

Acceptance
By accessing or otherwise using the Plan Well Guide website located at planwellguide.com (the “Site”) and any products or services offered through the Site (collectively the “Services”), you agree to both these terms and conditions (“Terms of Use”) and the Privacy Policy applicable to the Site, which is incorporated herein by reference. If you disagree with any provision in these Terms of Use at any time, your sole remedy is to terminate your use of the Site. Continued use of the Site constitutes your agreement to the Terms of Use as in effect. These Terms of Use apply to all users of the Site and Services.

Medical Emergency
Do NOT use the Site for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Site.

General Information is Not Medical Advice
The general information provided on the Site is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from the Site and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

No Physician-Patient Relationship
The presentation of general information on the Site does not establish a physician-patient relationship between you and the Owner and is not intended as a solicitation of individuals to become patients or clients of the Owner.

Email Communication with the Public
The Owner does not wish to use the Site as a means of communication with the public (i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services, or similar matters. Email communications regarding such matters will not be responded to and will be discarded unread.

Use Prohibited where Contrary to Law
You acknowledge and agree that the Site and Services are intended only for residents of Canada. Use of the Site is unauthorized in any jurisdiction where the Site, Services or any of the Content may violate any laws or regulations. You agree not to access or use the Site 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.

Website Access
The Owner hereby grants you permission to access or otherwise use the Site and the Services in accordance with these Terms of Use, provided that:
(i) your use of the Site and Services is solely for your personal non-commercial use unless specifically authorized in writing by the Owner;
(ii) you will not copy or distribute any part of the Site in any medium or manner inconsistent with these Terms of Use without the Owner’s prior written consent;
(iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site and Services for their intended purpose; and
(iv) you will otherwise comply with these Terms of Use.
In order to access some features of the Site and Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Owner immediately of any breach of security or unauthorized use of your account. Although the Owner will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Owner or others due to such unauthorized use.

The Owner reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by the Owner should the total amount of data transfer exceed an amount deemed excessive in the Owner’s sole discretion.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site and Services in a manner that sends more request messages to the Owner’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, the Owner grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Owner reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site.

Intellectual Property Rights
Other than content that may be submitted by users of the Site and advertisers from time to time, all content on the Site, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to the Owner, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. The Owner reserves all rights not expressly granted in and to the Site and Services and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Disclaimers
The Site and Services are provided strictly as a source of information to assist you in making decisions. They are not to be construed as a form of promotion or an offer to sell any product or service, nor are they intended to constitute medical or any other form of professional advice. You are solely responsible for the retrieval and use of the Site and Services. You should apply your own judgment, and conduct your own research and investigation before making any use of any Site and Services, including, without limitation, the use of the information as the basis for any medical decisions or conclusions. The information contained on the Site should not be considered exhaustive and should not be used in place of consultation with qualified medical professionals to meet your individual needs. You acknowledge and agree that your access and use of the Site and the Services is entirely at your own risk and liability.

User Submissions
The Site may permit the submission of comments, advertisements, content or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. You understand that whether or not such User Submissions are published and regardless of category, the Owner does not guarantee any confidentiality with respect to any such submissions. You understand and agree that the Site may publish User Submissions from others and that such User Submissions may appear in the same place, category, directory or otherwise on the site in addition to User Submissions submitted by you.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Owner to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and Services and these Terms of Use; and
(ii) you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Site and Services and these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Owner for public use, you hereby grant the Owner a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Services and the Owner’s business, including without limitation for promotion and redistribution of part or all of the Site and Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions, if submitted for public use, through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and Services and under these Terms of Use.
For User Submissions you submit, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Owner all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage the Owner or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business other than as specifically authorized by the Owner through its affiliate and/or advertising program(s);
(v) impersonate another person.
The Owner does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Owner expressly disclaims any and all liability in connection with User Submissions. The Owner will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. The Owner also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns obscene or defamatory material, or excessive length.
You understand that when using the Site and Services, you may be exposed to User Submissions from a variety of sources, and that the Owner is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against the Owner with respect thereto.

Third Party Websites
This Site may contain links to other websites. The Owner does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Owner is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Owner is affiliated or associated with same. THE OWNER DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.

Warranty, Indemnity and Limitation of Liability
You agree that your use of the Site and Services is at your sole risk. The Owner makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Site and Services by any third party, or concerning damage of any kind incurred resulting from use of the Site and Services.
In no event shall the Owner, its heirs, estate, successors, personal representatives, assigns, officers, directors, employees or agents 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 Site or the Services, or your inability to use the Site or Services, 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.
You agree to defend, indemnify and hold harmless the Owner, its heirs, estate, successors, personal representatives, assigns, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees on a solicitor and his own client basis) arising from:
(i) your use of and access to the Site and Services;
(ii) your violation of any aspect of these Terms of Use;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Submissions caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Use and your use of the Site and Services.

Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada, and shall be treated in all respects as an Alberta contract, without reference to the principles of conflicts of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Alberta, Canada. The Site is physically maintained and operated by the Owner from the Province of Alberta.
You agree that any cause of action in relation to the Site and Services must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.
You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use, in whole or in part, whether voluntarily or by operation of law, without the Owner’s prior written consent.

Termination
The Owner may, in its sole discretion, cancel or terminate your right to use the Site and Services, or any part of the Site, and may remove any User Submission or Content at any time without notice. In the event of termination, you are no longer authorized to access the Site and Services, or the part of the Site and Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site 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.

Age Restriction
The Site and Services are intended only for those persons that are at least 18 years of age. If you are under the age of 18, you must immediately cease access to and use of the Site and Services.

General
These Terms of Use constitute the entire agreement between you and the Owner with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remaining provisions of the Terms of Use will continue in full force and effect without invalidating the remaining provisions hereof, or affecting the validity or enforceability of that provision or part thereof in any other jurisdiction.
The division of these Terms of Use into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. In these Terms of Use, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
These Terms of Use shall enure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

Dr. Daren Heyland
Dkh2@queensu.ca
613-548-6051

Last Updated

These Terms of Use were last updated on March 1st, 2019.