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Terms & Conditions

This web site herein referred to as the "Site", owned and operated by MD Weightloss Ltd.. By using the Site, you, the user agrees to the following terms and conditions (Terms & Conditions). If you do not agree to all of the Terms & Conditions, please discontinue your use of the Site immediately.MD Weightloss Ltd. and their agents, suppliers, service providers and other representatives are all together referred to as “we” or “us” or “MDWL” in this User Agreement.MDWL may change the content of the Site, including all text, data, information, recordings, graphics, images, icons and any other content (collectively, the Content) at any time without notice. These Terms & Conditions may be revised by MDWL at any time without notice. Please review the Terms & Conditions regularly, as your continued use of the Site will constitute your agreement to any changes.General These Terms & Conditions, Copyright & Disclaimer represent the entire agreement between every user and MDWL regarding use of the Site and its Content. In the event a court of competent jurisdiction finds any provision of the Terms & Conditions to be unenforceable, the remainder of the provisions shall be unaffected and continue in full force and effect. The failure of MDWL to enforce strict performance of any provision of the Terms & Conditions shall not be construed as a waiver of any such provision or right.You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. If you violate any of the Terms & Conditions, your limited license to use the Content will automatically terminate. You must immediately cease your use of the Site and destroy any copies of the Content or any portion thereof.Jurisdiction This Site is administered by MDWL, which is located in Alberta, Canada. Any matter arising out of the use of this Site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Alberta to determine any action or proceeding arising out of or in connection with this Site.Use of Links This Site may contain links to websites and servers maintained by third parties over whom MDWL has no control. These links have been provided solely as a convenience for users of this Site and do not constitute an endorsement by MyHealth.Alberta.ca of the content of such third party sites. MDWL makes no representations regarding the content or accuracy of materials on such third party websites. MDWL does not endorse, authorize, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such addresses. MDWLis not responsible for the privacy practices of such websites. MDWL encourages users to review the privacy policies of any linked websites before navigating any website or disclosing personal information online.Commercial and Non-Commercial Reproduction Re-production of multiple copies of materials on the site, in whole or in part, for the purposes of commercial or non-commercial distribution is prohibited, except with written permission from MDWL. To obtain permission to reproduce materials on this site for commercial purposes, please contact:info@mdweightloss.caTermination MDWL may terminate this agreement, including any licenses contained herein, at any time and further may terminate the user’s access to any and all portions of this website if, MDWL determines, in its sole discretion, that the user failed to comply with any term of these Terms of Use. Upon termination, the user must cease use of this website and destroy all materials obtained from this website, and all related documentation and all copies thereof, whether made under these Terms or otherwise, and/or take any additional or alternative reasonable steps that MDWL may direct in respect of the termination of the use.Copyright & DisclaimerProprietary Right and Grant of Limited License This Site and the Content are protected by copyright, trade-mark and other proprietary rights of MDWL. Except as expressly permitted in these Terms and Conditions, no portion of the Site or the Content, including without limitation trade-marks, trade names and logos, may be reproduced in any form, or by any means, without prior written permission from MDWL or the applicable third party. Any unauthorized downloading, redistribution, retransmission, copying, modification or commercial use of the Content may be a violation of federal or other law and could result in legal action.Subject to the preceding paragraph, MDWL grants to you a limited license to display, print and use the Content of this Site solely for your personal, non-commercial use. Such license is revocable by MDWL at any time at the sole option of MDWL. In consideration of this limited license, you shall ensure that all copyright, trade-mark and other proprietary notices are retained on any copy of the Site materials in the same form and manner as on the original.Copyright Copyright of all materials on this website, including the underlying HTML, text, illustrations, designs, icons, audio clips, video clips, documents, products, software and all other content is either owned by Alberta Health or AHS, or MDWL has obtained a license to use the materials for the website.The materials on the site are protected by the Copyright Act. Except as noted in Using this Site, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written consent of the Government of Alberta, or the original creator, where applicable.Trademarks and Official Marks All trademarks used and/or displayed on this website are registered or unregistered trademarks or official marks of MDWL. Nothing on this website should be interpreted to grant any license to use any trademark or official mark without the express written permission of MDWL.To obtain permission to use trademarks, please send a request to:MD Weightloss Ltd.4120 15 Sunpark Plaza SECalgary, AB T2X 0M5 Disclaimer MDWL makes every effort to ensure that its users are kept up-to-date on the latest activities. In doing so, we go to great length to ensure the accuracy of the information posted. However, it must be noted that there may be instances where information is not as current as it can possibly be.The materials on this site are provided "as is" without warranties or conditions of any kind either expressed or implied. To the fullest extent possible under applicable law, MDWL disclaims all warranties and conditions, expressed or implied, including but not limited to, implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement or other violation of rights. MDWL does not warrant or make any other representations regarding the use, accuracy, timelines, applicability, performance, security, availability or reliability of this website or any sites linked to this site, or the results from the use of this website or any sites linked to this website, or otherwise respecting the materials on this website or any sites linked to this website.This Site Does Not Provide Professional Medical Advice The Content of this Site is provided for general information purposes only. The Content is not intended to replace consultations with a health care professional or to provide medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health care provider with any medical or health questions. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.Currency and Accuracy of Information MDWL has used reasonable efforts to ensure the information provided on this Site is accurate when posted. However, MDWL does not make any representation or warranty of any kind as to the quality, accuracy, currency or completeness of the Content on this Site. The views or opinions expressed in the Content on this Site do not necessarily reflect those views or opinions of MDWL. MDWL does not endorse or recommend any products, services, techniques or procedures mentioned on this Site.Limitation of Liability In no event shall Alberta Health, AHS, their officers, employees or agents or any supplier of Content mentioned on this Site be liable for any losses, damages, claims or expenses whatsoever including, without limitation, direct, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, resulting from the use, misuse or inability to use this Site or the Content, whether based on warranty, contract, tort or other legal theory, and whether or not Alberta Health or AHS, is advised of the possibility of such damages.Non-Confidentiality Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Information provided to MDWL by virtue of this Site will be received by MDWL on a non-confidential basis. We recommend the use of appropriate security, antivirus and other protective software.MDWL assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this Site and does not warrant that the Site is free of infection, viruses, worms, Trojan horses or codes that manifest contaminating or destructive properties.© 2020 MD Weightloss Ltd. Copyright and DisclaimerMD Weightloss Ltd. User AgreementWelcome to the Personal Health Record service (“PHR”). The PHR is a web-based service, accessible via MyHealth Records Personal Health Portal.My Personal Records and MyAHS Connect are two different digital health services offered through MyHealth Records. MyAHS Connect offers patients personalized and secure online access to their Connect Care record, together with the communications, care management and health monitoring tools that can help them achieve their healthcare goals.The MD Weightloss Ltd. User Agreement applies to subscribers and non-subscribers of our website, www.mdweightloss.ca “MDWL”.In order to use the MDWL, you must agree to our terms and conditions by clicking “I Accept” and successfully complete the online registration and/or verification processes. By accepting these terms and conditions you confirm that you are at least 14 years of age. By registering and/or being verified and clicking “I Accept” at the end of this agreement, you acknowledge you have read, understand, and agree to our terms of use and to be legally bound by them. By doing so, you also agree to be bound to the terms of use, privacy policy, and copyright and disclaimer notices found on MDWeightloss.ca.Terms of Use, Copyright Notice, and Disclaimer Notice: linkPrivacy Policy: linkWe reserve the right to modify or change the terms of use at any time, which will be indicated by the date of the most recent change located beside the “Last Modified” date after this section. By continuing to use MDWL, the user agrees any modification of these terms. If at any time you do not wish to be bound by the terms of use, you must immediately deactivate your subscription in accordance with these terms of use and stop using MDWL.We also reserve the right to modify or discontinue (temporarily or permanently) this service (or any part of it) with or without prior notice to you. However, in most instances a notice will be sent to your account regarding large-scale changes 30 days prior to the modification. We are not liable to you or any third party for any modification, discontinuance, or suspension of MDWL.Date Last Modified: September 24, 2020Medical Disclaimer Information provided by or on behalf of MDWL is intended for general information purposes only. You agree and acknowledge that we are not providing the service to you for the purposes of giving you medical or health advice.To be clear, any service providers that provide technological assistance to MDWL (e.g. by providing the software or “software as a service”) do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned in the website or other MDWL materials.You should not solely rely on the MDWL to decide on a treatment plan, drug usage, or for any other medical or health advice. You should consult with the appropriate health service provider in connection with any and all treatment options that may be available to you.By accessing the MDWL, you acknowledge you may be receiving general information you have not yet discussed with your health services provider. You will not use the MDWL if you know that you have a mental or physical health condition, such that your receipt of the type of information contained in the MDWL could reasonably cause harm to your mental or physical health or that of another individual.MDWL should not be considered as a replacement or substitute for the standard practices, professional judgment, skill and expertise of the health service provider using them, but rather as a source of general health information. The user’s health service provider retains ultimate responsibility for treatment provided to the patient, including exercising all due skill and care and professional judgement. MDWL is not intended to be used as a medical device. Nothing contained in MDWL is or should be considered, or used as a substitute for, individual health advice, diagnosis or treatment.The accuracy and completeness of PHR Information that you enter or cause to be entered into MDWL is solely within your control.Information within the MDWL may not always be accurate or up-to-date and you should view it as informational only.General Disclaimer The use and access of MDWL are made “as is”, without any additional representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and no infringement. We do not represent or warrant that the use or access of the PHR will be uninterrupted or error-free, timely, or secure, or that data loss will not occur. You acknowledge that computer systems are not fault-free and occasionally there will be down time and system errors. We do not represent that the functions of the PHR will meet any user requirements you may have.User Registration and Login You are solely responsible to maintain the confidentiality of the MDWL Account and passwords you use to access the PHR, and agree MDWL has any obligations with regard thereto. You will be required to enter a valid password to access the MDWL. It is your sole responsibility to monitor and control use of these passwords for all purposes. You accept all responsibility for the security of your passwords and use of the MDWL via the passwords, including whether or not you choose to use the PHR in public places. You agree that you are solely liable for all authorized and unauthorized access using your passwords. You agree to keep your passwords strictly confidential and to not disclose them to anyone not authorized to act on your behalf. We are not liable for any loss or damage arising from your failure to comply with this section of the terms of use or for any unauthorized access to information you have entered or asked to be entered in the MDWL. Please notify User Support of any potential unauthorized use(s) of your account or suspected breach(es) of security.Use of PHR by Health Services Providers [For future consideration]Restrictions on Use We grant you a limited license to make personal use only of the MDWL in accordance with these terms of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of MDWL, making any derivative of the MDWL, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.You must not use the MDWL for any purpose other than that for which it is designed and intended, as set out in this User Agreement. In addition, (i) unless otherwise expressly permitted in the Terms and Conditions, you must not alter, tamper with or attempt to repair MDWL; and (ii) unless otherwise expressly permitted in the Terms and Conditions, you are not entitled to resell MDWL.You must not (i) license, sublicense, sell, resell, rent, lease, transfer, assign (except as expressly permitted), distribute, time share or otherwise commercially exploit or make MDWL available to any third-party, other than to Users; (ii) remove, alter, or obstruct copyright notices, trademarks or other legends on MDWL, or its packaging, documentation or related materials; (iii) intentionally send or store: (a) spam or otherwise duplicative or unsolicited messages in violation of applicable laws, (b) infringing, obscene, threatening, harassing, abusive, slanderous, hateful, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy rights, or (c) malicious or harmful code, including but not limited to viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the PHR service or the data contained therein; (v) attempt to gain unauthorized access to the product or its related systems or networks (vi) modify the PHR service or create derivative works (vii) create internet links to MDWL or copy, frame or mirror any part of the MDWL service (or any source code or object code thereof) (viii) reverse engineer, disassemble, de-compile, modify, translate, create derivatives, disassemble or use for competitive analysis the MDWL service (ix) access, copy or use the MDWL service in order to: (a) build a competitive product or service, or (b) copy any features, functions or graphics of the MDWL, or (x) use the MDWL service to impersonate another person or infringe the Intellectual Property of any third party.You further agree you will not use MDWL in any manner that violates provincial, national, or international laws. You will not infringe upon the intellectual property of others. You will not attempt to disable, spam, hack, or interfere with the proper function of the MDWL. You will not upload viruses or malicious content, perform SQL injections, or hack the system in any manner.Ownership of MDWLMDWL, including but not limited to its contents and design are the property of MD Weightloss Ltd., their subsidiaries, affiliates, vendors and/or licensors. MDWL is protected by Canadian and international copyright, trademark and/or patent laws. Any rights not expressly granted herein are reserved.The contents of the MDWL including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through the MDWL are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of MDWL, except that you may download content from the PHR for your personal use only, provided you keep intact all copyright, trademark, patent and other proprietary notices and comply with any applicable end user license agreements. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).For purposes of these terms of use, any use of these materials on any other web site is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the MDWL. The posting of information or materials on MDWL does not constitute a waiver of any right in such information and materials. All software used on the MDWL is the property of MD Weightloss Ltd. or their software suppliers and protected by Canadian and international copyright laws.Limitation of Liability We are neither responsible nor liable for any injuries (including wrongful death), direct, indirect, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the MDWL, content or information contained within the MDWL,  advice, the performance or possession of the platform, any hyperlinked website, any defect in the MDWL or its contents, and/or any breach of these terms of use. This limitation applies (a) whether the alleged claims are based on warranty, contract, tort, or any other legal theory and (b) regardless of whether or not we have been advised of the possibility of such damages.In no event will we have any responsibility or liability in connection with MDWL or these terms for any losses or damages whatsoever, for issues including fundamental breach or breach of a fundamental term, tort (including negligence) or other legal or equitable basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or data, loss of profit, loss of savings or revenue, loss of goodwill or other economic loss), arising from or in connection with or relating to the use of or access to, or any inconvenience, delay or loss of use of or access to MDWL, even if we have been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.Your sole remedy for dissatisfaction with MDWL, related services, and/or hyperlinked websites is to stop using MDWL and/or those services.Disclaimer of Warranties We make, and you shall receive, no warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement or title. We do not warrant or represent that messages sent through the PHR will be read or responded to by your health services provider, or in a timely manner. We make no representation as to the reliability, accuracy, timeliness, completeness, or suitability of MDWL made available through it.Choice of Law & Venue Although MDWL can be accessed all across Canada, as well as from other countries around the world. Each of these places has laws that may differ from those of Alberta. By accessing MDWL, you agree the laws of the province of Alberta will apply to all matters related to these terms of use and the use of the MDWL, without regard to conflicts of laws or principles thereof. Each party also agrees and hereby attorns to the exclusive personal jurisdiction and venue of the courts of the province of Alberta, and waives any jurisdictional, venue or inconvenient forum objections to such courts.We make no representation that materials on the MDWL are appropriate or available for use in other locations outside Alberta. Those who choose to access MDWL from other locations do so on their own initiative and are responsible for compliance with local laws.Equitable Relief You agree that monetary damages may not provide a sufficient remedy to us for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.International Use By choosing to access the MDWL from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. MDWL does not make any representation that materials on MDWL are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from MDWL in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.Severability In the event that any of these terms of use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms of use shall otherwise remain in full force and effect.Entire Agreement These terms of use constitute the entire agreement between us and you pertaining to the subject matter hereof. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages within the PHR.Indemnity If you are 18 years old or older, you agree to indemnity and hold us harmless from any loss, liability, injury (including injuries resulting in death), claim, or demand, including reasonable legal fees and costs, of any kind due to, arising out of, or relating to your use of the MDWL or its contents, including your use of MDWL to provide a link to another site or to upload content or other information to MDWL or otherwise, or your breach of the terms of use.Contact Information If you have any questions about this agreement, please contact: info@mdweightloss.ca.