Terms of Use


Please read these terms of use (the “Terms of Use”) carefully before using this website and its related webpages (collectively, the “Site”).

By using the Site, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, you may not use the Site! Leading Medical Clinics of the World® Inc. (“Leading Medical Clinics of the World®”, “LMCW®”, “we” or “us”) reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Material changes will take effect 30 days after their posting. The posting date of each document will be set out at the end of the document. Any continued use of the Site will be conclusively deemed your acceptance of the modified Terms of Use. When you use services on the Site, you are also subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

Table of Contents

The Site Does Not Provide Medical Advice
Children’s Privacy
Copyright and Use of Content
Hyperlinking
Notice re Copyright Infringement
Take Down Procedures
Liability of LMCW® and Its Members
Privacy Policy
User Submissions
User Media Submissions – Image, Video, Audio Files
Community and Member to Member Areas
Search and Links to Other Sites
Indemnity
General
Jurisdiction
Complete Agreement

The Site Does Not Provide Medical Advice

The content of the Site, such as text, graphics, images, information obtained from LMCW® member clinics (“Members”) and researchers, and other material contained on the Site (collectively, “Content“) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a question of a medical nature or medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! If you have concerns or questions about what you read on the Site, you should contact your physician or other qualified health care provider. If you think you may have a medical emergency, contact your doctor or call 911 immediately.

LMCW® does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Site. Reliance on any information provided by Leading Medical Clinics of the World®, LMCW® employees, or its Members, or by others Leading Medical Clinics of the World® may have invited to contribute to the Site, or by other visitors to the Site, is solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, do not visit the Site.
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Children’s Privacy

We are committed to protecting the privacy of children. The Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know to be under the age of 13.

Copyright and Use of Content

The Content are © 2015 Leading Medical Clinics of the World® Inc. (the “LMCW®”). The Site and its content are protected by copyright and other intellectual property rights. The content of the Site may be displayed, reformatted and printed for personal, non-commercial use only. Any copy of Site content obtained through the Site must include the copyright notice above. Removing or altering the copyright notice on any material on the Site is prohibited. The LMCW® name and associated design and logo displayed on the Site are registered and/or common law trademarks or service marks of LMCW® or its licensors, and may not be copied, imitated or used, in whole or in part, except for personal, non-commercial use, without the prior written permission of LMCW® or the applicable trademark holder. In addition, the design, look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of LMCW® and may not be copied, imitated or used, in whole or in part, except for personal, non-commercial use, without the prior written permission of LMCW®. All other trademarks, service marks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacture, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by LMCW®. Use or misuse of LMCW®’s trademarks, service marks or logos is expressly prohibited and may violate provincial/state and federal law.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies your have made of the Content or any part thereof.

Hyperlinking

You may create a link (the “Hyperlink”) to the Site provided that:

  1. you do not replicate any of the Content of the Site;
  2. you do not create a frame or any other bordered environment around the Site or any of the Content contained on the Site;
  3. the Hyperlink does not imply any endorsement of any product or services;
  4. the website linking to the Site does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and
  5. the website linking to the Site does not contain any information, content or material that would interfere with the operation of the Site nor which libels, defames, invades privacy, is obscene, abusive or threatening, infringes intellectual property laws or violates any other laws.

LMCW® may withdraw your right to link to the Site at any time in its sole discretion.

Notice re Copyright Infringement

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Leading Medical Clinics of the World®’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
  3. Your name, address, telephone number and (if available) e-mail address;
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law;
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  6. A signature or the electronic equivalent from the copyright holder or its authorized representative.

Leading Medical Clinics of the World®’s agent for copyright issues relating to the Site is as follows:

Mail:​

Leading Medical Clinics of the World® Inc.

140 Yonge Street, Suite 200
​Toronto, Ontario
M5C 1X6
CANADA
Attention: ​Member Services

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Takedown Procedures

Although LMCW® has no obligation to screen, edit or monitor any of the Content posted to or distributed on the Site, LMCW® reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
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Liability of Leading Medical Clinics of the World® and its Members

The use of the Site and the Content is at your own risk.

When you use the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Leading Medical Clinics of the World®, its Members, suppliers and licensors. Accordingly, Leading Medical Clinics of the World® assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site and the Content are provided on an “as is” basis. LEADING MEDICAL CLINICS OF THE WORLD®, ITS MEMBERS, SUPPLIERS, AND LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Leading Medical Clinics of the World®, its Members, suppliers and licensors make no representations or warranties regarding any of the following:

  1. The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or Leading Medical Clinics of the World®; or
  2. ​The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content.

In no event shall Leading Medical Clinics of the World®, its Members, its suppliers, its licensors and any third parties mentioned on the Site be liable for any damages (including, without limitation, indirect, incidental, special, exemplary, consequential and punitive damages, personal injury/wrongful death, damage to property, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Leading Medical Clinics of the World®, its Members, its suppliers, its licensors and any third parties mentioned on the Site are advised of the possibility of such damages. Leading Medical Clinics of the World®, its Members, its suppliers, its licensors, and any third parties mentioned on the Site shall be liable only to the extent of actual direct damages incurred by you, not to exceed USD$1,000. Leading Medical Clinics of the World®, its Members, its suppliers, its licensors or any third parties mentioned on the Site are not liable for any personal injury, including death, or damage to property caused by your use or misuse of the Site, any Content or the Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content or the Public Areas must be brought within the timelines established by the limitations legislation of the applicable jurisdiction. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
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Privacy Policy

The personal information you submit to Leading Medical Clinics of the World® is governed by the Leading Medical Clinics of the World® Privacy Policy (the “Privacy Policy”) available here. To the extent there is an inconsistency between these Terms of Use and the Leading Medical Clinics of the World® Privacy Policy, the Privacy Policy shall govern.

User Submission

The Site contains functionality (including blogs, Healthy Living Tips, etc.) that allows users to upload content to the Site (collectively, the “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. LMCW® may refuse or remove any content that, in its sole judgment, violates these Terms of Use. LMCW® has the right, but not the obligation, to monitor the Site for inappropriate content. You are solely responsible for any Content you post on the Site.

If you make any such submission you agree that you will not send or transmit to Leading Medical Clinics of the World® by email or through the Site, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Leading Medical Clinics of the World® by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Leading Medical Clinics of the World® by email or other means, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Leading Medical Clinics of the World® a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Leading Medical Clinics of the World® may sublicense its rights through multiple tiers of sublicenses. You agree that you will, at your own expense, defend, indemnify, and hold harmless LMCW® and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, reasonable legal and accounting fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties.

If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Leading Medical Clinics of the World® by email. We try to answer every email in a timely manner, but are not always able to do so.
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User Media Submissions — Image, Video, Audio Files

You agree to only post or upload media such as photos, videos or audio (collectively, “Media”) that you have created yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any Media that contains Personal Information (like name, phone number, email address or web site URL) as such term is defined in the Privacy Policy of you or of anyone else. Uploading Media featuring persons without their permission is strictly prohibited.

By uploading any Media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.

By uploading any Media you: (a) grant to Leading Medical Clinics of the World® site a perpetual, non-exclusive, world-wide, irrevocable, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in the Media; (b) certify that any person pictured in the Media (or, if a minor, his/her parent/legal guardian) authorizes Leading Medical Clinics of the World® to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in such Media; and (c) agree to indemnify Leading Medical Clinics of the World®, its affiliates, directors, officers, employees, Members, suppliers and/or licensors, and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the Media and/or your failure to comply with these Terms of Use.

Leading Medical Clinics of the World® reserves the right to review all media prior to posting to the Site and to remove any Media for any reason, at any time, without prior notice, at LMCW®’s sole discretion.
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Community and Member to Member Areas

If you use a Public Area, such as message boards, blogs, Healthy Living Tips or other Member communities, you are solely responsible for your own communications, the consequences of posting those communications and your reliance on any communications found in the Public Areas. Leading Medical Clinics of the World®, its suppliers, Members, and licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that each of the following actions shall constitute a material breach of these Terms of Use:

  1. Using a Public Area for any purpose in violation of local, provincial, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Leading Medical Clinics of the World® in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or “spamming”; and
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Leading Medical Clinics of the World®, exposes Leading Medical Clinics of the World® its suppliers, Members or licensors to any liability or detriment of any type.

Leading Medical Clinics of the World® reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms;
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
  4. Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms of Use;
  5. Monitor, edit, or disclose any communication in the Public Areas; or
  6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Leading Medical Clinics of the World®, its Members, suppliers, and licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
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Searches and Links to Other Sites

Leading Medical Clinics of the World® may provide links to third-party web sites. Leading Medical Clinics of the World® also may select certain sites as priority responses to search terms you enter. Leading Medical Clinics of the World® does not recommend and does not endorse the content on any third-party websites. Leading Medical Clinics of the World® is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Leading Medical Clinics of the World® does not endorse any product, service, or treatment advertised on the Site.
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Indemnity

You agree to defend, indemnify, and hold Leading Medical Clinics of the World®, its officers, directors, employees, agents, suppliers, Members and licensors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees and disbursements, resulting from, or alleged to result from, your violation of these Terms of Use.
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General

Leading Medical Clinics of the World® is based in Toronto, Ontario, in Canada with principal offices in Toronto, Ontario, New York, New York, and Scottsdale, Arizona. Leading Medical Clinics of the World® makes no claims that Leading Medical Clinics of the World®, the Site or the Content are appropriate or may be accessed or downloaded outside of Canada or the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Leading Medical Clinics of the World® network from outside Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – Image, Video, Audio Files, Indemnity, Jurisdiction and Complete Agreement.
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Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Leading Medical Clinics of the World®, or in any way relating to your use of the Leading Medical Clinics of the World® Site, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any such dispute including any claim involving Leading Medical Clinics of the World® or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
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Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and the Leading Medical Clinics of the World® Privacy Policy constitute the entire agreement between you and Leading Medical Clinics of the World® with respect to the use of the Site and Content.

Thank you for your cooperation. We hope you find the LMCW® Site helpful and convenient to use! Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted using our Contact Us form or via Canada mail to: Leading Medical Clinics of the World® Inc., 140 Yonge St. Suite 200, Toronto, Ontario M5C 1X6, Canada.

Posting date: September 23, 2014

© 2014 Leading Medical Clinics of the World®™ Inc. All rights reserved.