Additional terms: In addition to the Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Terms, then the Additional Terms apply in relation to the relevant Service.
Collectively, the Terms: The Terms, together with any Additional Terms, form a binding legal agreement between you and Mediclean in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
YOUR ACCESS TO OR USE OF ANY THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.
From time to time, Mediclean may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Mediclean is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, public domain tools, and choosers, does not constitute legal advice or create an attorney-client relationship.
Provided as-is: You acknowledge that Mediclean does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Mediclean liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree that you are solely responsible for your reuse of Content made available through the Services, including receiving license or authorization to use such Content and/or providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content: (a) is hereby licensed to Mediclean for use on its website and/or third party contractor’s website and may be used under the terms of that license or any later version, or (b) is in the public domain (such as Content that is not copyrightable or Content you make available), or if not owned by you, that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.
Removal: Mediclean may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Mediclean) does not impact any rights you granted in Your Content under the terms of a Mediclean license.
By registering for an account through any of the Services, you represent and warrant that you (1) are the age of majority in your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account. Services offered to registered users are provided subject to these Terms and any Additional Terms specified on the relevant Website(s).
Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged), (b) maintain the security of your passwords and identification, promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
No Membership in Mediclean: Creating an account or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder or affiliate of Mediclean for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined under the Laws of Ontario and Canada.
Termination: Mediclean reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
You agree not to engage in any of the following activities:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDICLEAN OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MEDICLEAN DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDICLEAN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDICLEAN BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF MEDICLEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDICLEAN IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless Mediclean, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or the Content you make available on any of the Services.
Mediclean’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Terms. Please review the Trademark Policy so you understand how Mediclean’s trademarks may be used.
Mediclean respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on a website owned or controlled by Mediclean, please email the website administrator.
Please note that Mediclean does not host the Content made available through any search. You should contact the web site or service hosting the Content to have it removed.
By Mediclean: Mediclean may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Mediclean at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services (including use of your ID account) terminates automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied Mediclean tools from your own Content.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
Choice of law: The Terms are governed by and construed by the laws of the Province of Ontario in Canada.
Dispute resolution: The parties agree that any disputes between Mediclean and you concerning these Terms, and/or any of the Services may only brought in a federal or provincial court of competent jurisdiction sitting in the Province of Ontario, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Mediclean as a result of the Terms or from your use of any of the Services.
Integration: These Terms and any applicable Additional Terms constitute the entire agreement between you and Mediclean relating to this subject matter and supersede any and all prior communications and/or agreements between you and Mediclean relating to access and use of the Services.
Effective Date: 2018-01-01 (January 1st 2018)