MedStack Legal Documents
Last updated: August 6, 2019
Welcome to the MedStack site (the “MedStack Site”). MedStack, Inc. and/or its affiliates (“MedStack”) provides the MedStack Site to you subject to the following terms of use (“Site Terms”). By visiting the MedStack Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future MedStack services, content or other materials, you also will be subject to the MedStack Customer Agreement or other agreement governing your use of our services (the “Agreement”).
Please review our Privacy Notice, which also governs your visit to the MedStack Site, to understand our practices.
When you visit the MedStack Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the MedStack Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the MedStack Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MedStack or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the MedStack Site is the exclusive property of MedStack and protected by Canadian and international copyright laws. All software used on the MedStack Site is the property of MedStack or its software suppliers and protected by Canadian and international copyright laws.
“MedStack”, “MedStack Control”, “MedStack Dashboard”, “MedStack Monitoring”, and other MedStack graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MedStack in Canada and/or other countries. MedStack’s trademarks and trade dress may not be used in connection with any product or service that is not MedStack’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MedStack. All other trademarks not owned by MedStack that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MedStack.
MedStack grants you a limited license to access and make personal use of the MedStack Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of MedStack. This license does not include any resale or commercial use of the MedStack Site or its contents; any derivative use of the MedStack Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by MedStack in a separate license, your right to use any software, data, documentation or other materials that you access or download through the MedStack Site is subject to these Site Terms or, if you have a MedStack account, the Agreement.
The MedStack Site or any portion of the MedStack Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MedStack. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MedStack without express written consent. You may not use any meta tags or any other “hidden text” utilizing MedStack’s name or trademarks without the express written consent of MedStack. Any unauthorized use terminates the permission or license granted by MedStack. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the MedStack Site, so long as the link does not portray MedStack, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MedStack logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the MedStack Site, you are responsible for maintaining the confidentiality of your MedStack account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MedStack reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
THE MEDSTACK SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MEDSTACK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. MEDSTACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEDSTACK SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDSTACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDSTACK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEDSTACK SITE; ITS SERVERS; OR E-MAIL SENT FROM MEDSTACK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDSTACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MEDSTACK SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEDSTACK SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the MedStack Site, you agree that the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and MedStack.
You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Site Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Site Terms and is hereby expressly excluded.
Please review our other policies on the MedStack Site. These policies also govern your visit to the MedStack Site. We reserve the right to make changes to the MedStack Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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