BEFORE USING THIS WEBSITE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

By using this site, you consent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

Lifestyle Oncology, G.P. (“Lifestyle Oncology”) may revise and update these Terms and Conditions at any time. Your continued usage of the Lifestyle Oncology website (“Lifestyle Oncology Website,” or the “Site,”) will mean you accept those changes.

This Site Does Not Provide Medical Advice

The contents of the Lifestyle Oncology Website, such as text, graphics, images, information obtained from Lifestyle Oncology’s licensors, and other material contained on this Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. In no way these views, comments and information constitute a recommendation of treatment (preventive or curative), an ordinance or a diagnosis and should not be considered as such. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Lifestyle Oncology does not recommend or endorse any specific treatments, activities, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Lifestyle Oncology is solely at your own risk.

Lifestyle Oncology will also not provide case-by-case medical advice or opinions to Site users. If you have questions regarding your specific situation, please contact your physician or other qualified health provider. Do not use the Site’s contact page to seek a medical advice or opinion.

Use of Content

Lifestyle Oncology authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2015, Lifestyle Oncology, G.P. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.

The Content is protected by copyright under Canadian and foreign laws. Title to the Content remains with Lifestyle Oncology or its licensors. Any use of Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of Lifestyle Oncology. All rights not expressly granted herein are reserved to Lifestyle Oncology and its licensors.

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

Liability of Lifestyle Oncology

THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Lifestyle Oncology and its suppliers. Accordingly, Lifestyle Oncology 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. LIFESTYLE ONCOLOGY, ITS LICENSORS, AND ITS SUPPLIERS, 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, Lifestyle Oncology, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or Lifestyle Oncology.
  2. The satisfaction of any government regulations requiring disclosure of information on treatments or prescription drug products.

In no event shall Lifestyle Oncology, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, 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 Lifestyle Oncology, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. Lifestyle Oncology, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).

User Submissions

The personal information you submit to Lifestyle Oncology is governed by the Lifestyle Oncology Privacy Policy. To the extent there is an inconsistency between this Agreement and the Lifestyle Oncology Privacy Policy, this Agreement shall govern.

The Site contains functionality (including comment sections, blogs, message boards, user reviews, etc.) that allows users to upload content to the Site (collectively “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.

If you make any submission to a Public Area, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Lifestyle Oncology a royalty-free, perpetual, irrevocable, world-wide nonexclusive 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. Lifestyle Oncology may sublicense its rights through multiple tiers of sublicenses.

User Submissions — Image, Video, Audio Files

You agree to only post or upload Media (like photos, videos or audio) that do not violate trademark, copyright, privacy or any other rights of any other person. You will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else.

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 and Conditions or Lifestyle Oncology 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 this Site.

By uploading any media like a photo or video, (a) you grant to Lifestyle Oncology a perpetual, non-exclusive, worldwide, 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) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Lifestyle Oncology to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Lifestyle Oncology and its affiliates, directors, officers and employees 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 the terms described in this document.

Lifestyle Oncology reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Passwords

Lifestyle Oncology has tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Lifestyle Oncology account and password; (3) promptly inform Lifestyle Oncology if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” page of the Site. You grant Lifestyle Oncology and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Lifestyle Oncology cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Lifestyle Oncology tools and services.

Public Areas

If you use a Public Area, as defined above, such as comment sections, blogs, message boards, user reviews, etc., 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. Lifestyle Oncology and its licensors are not responsible for the consequences of any communications in the Public Areas. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Lifestyle Oncology Reserves the Right to Do Any or All of the Following:

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).

Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.

Monitor, edit, or disclose any communication in the Public Areas.

Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Lifestyle Oncology or its 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.

Advertisements, Searches, and Links to Other Sites

Lifestyle Oncology may provide links to third-party websites. Lifestyle Oncology also may select certain sites as priority responses to search terms you enter and Lifestyle Oncology may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Lifestyle Oncology does not recommend and does not endorse the content on any third-party websites. Lifestyle Oncology 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. Lifestyle Oncology does not endorse any product, service, or treatment advertised on the Site.

Framing, Mirroring, Scraping and Data-Mining

The framing, mirroring, scraping or data-mining of this Site or any of its Content in any form and by any means is also strictly prohibited.

Indemnity

You agree to defend, indemnify, and hold Lifestyle Oncology, its officers, partners, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

Lifestyle Oncology is based in Montreal, Québec, Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, 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.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Lifestyle Oncology, or in any way relating to your use of the Site, resides in the courts of the Province of Québec and the judicial District of Montreal. You also agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Québec and the judicial District of Montreal in connection with any such dispute including any claim involving Lifestyle Oncology or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the laws of the Province of Québec and Canadian Federal laws, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

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 this web site by contacting Lifestyle Oncology and providing the following information:

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.

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.

Your name, address, telephone number and (if available) e-mail address.

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.

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.

A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, Lifestyle Oncology maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

These Terms and Conditions and the Lifestyle Oncology Privacy Policy constitute the entire agreement between you and Lifestyle Oncology with respect to the use of the Site, and Content.

Other

This Agreement shall enure to the benefit of and be binding upon you and Lifestyle Oncology and our respective successors and permitted assigns.
Any rights not expressly granted by this Agreement are reserved to us.

It is at the request of the parties that this Agreement and all other related documents are written in the English language; C’est à la demande des parties que la présente entente et tous les documents s’y rapportant sont rédigés en anglais.

Last Updated: November 5, 2015

© 2015 Lifestyle Oncology, G.P. All rights reserved.