TERMS OF USE
Agreement between user and Procrea Canada (Heartland) Inc. operating as the Heartland Fertility and Gynecology Clinic (“the Clinic”)
This website is being offered to you conditional upon your acceptance without any modification to the terms, conditions, and notices that are contained herein. Your use of the Clinic’s website constitutes your agreement to all such terms, conditions, and notices.
Choice of Law:
The Clinic operates in the Province of Manitoba, Canada (the “Province”). You agree that the laws of the Province and the laws of Canada applicable therein shall govern as to your access or use of this website and its content and as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of The Province in any action or proceeding instituted under or pursuant to this agreement and all matters relating to your access and use of this website and its content.
No Healthcare or Medical Advice:
The information that is provided on this website is not intended to be healthcare or medical advice. Many factors unknown to the Clinic may affect the applicability of any statement or comment to your circumstances. You should not act nor refrain from acting based upon any information contained on this website without consulting a qualified healthcare professional.
This website has been prepared specifically for the Clinic, not for any manufacturer or other company.
This website shall not be reproduced without the consent of the Clinic.
No unlawful or prohibited use:
As a condition of your use of the Clinic’s website, you warrant to the Clinic that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Clinic’s website in any way that could damage, disable, overburden, or impair the Clinic’s website or interfere with any other party's use and enjoyment of the Clinic’s website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Clinic’s website.
Limited License:
The Clinic grants the user of this website a limited license to display on their computer, print, download and/or use the underlying HTML, text and other content that is made available on the website, for non-commercial, personal or educational purposes only, provided that:
content is not modified, and
included with, and displayed on, each copy of such content is the associated copyright notice and this limited license.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
make any commercial use of such content,
include such content in or with any product that you create or distribute, and
copy such content onto your, or any other person’s, website.
Permission to Reproduce:
Advanced, written authorization is required from the Clinic if you wish to use and/or publish the name, logo, and/or likeness, photographs, graphics, illustrations, video, music and sound from the Clinic’s website. For more information, please contact the Clinic.
Unless otherwise noted, text on this website may be reproduced for non-commercial personal purposes. Any reproductions may not be represented as an official version of the materials reproduced, or as having been made in affiliation with, or with the endorsement of the Clinic.
Links to third party sites:
The Clinic’s website contains links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Clinic and the Clinic is not responsible for the contents of any Linked Sites, including but not limited to any link contained in any Linked Sites, or any changes or updates to any Linked Sites. The Clinic is not responsible for webcasting, or any other form of transmission received from any Linked Sites. The Clinic is providing these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by the Clinic of the site or any association with its operators.
Liability disclaimer:
You expressly understand and agree that the Clinic is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Clinic’s website or in reliance on the information available on the Clinic’s website, including any loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence), other tortious action or any other cause of action.
The Clinic disclaims any liability for unauthorized use or reproduction of any portion of this website.
The Clinic assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this website.
In no event shall the Clinic or any third parties mentioned on this website 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, misuse or inability to use this web site, whether based on warranty, contract, tort or other legal theory, and whether or not the Clinic is advised of the possibility of such damages.
No Advice or Warranties:
The Clinic does not warrant the quality, accuracy nor completeness of the information or services made available on this website. Such information and services are provided on an “as is” and “as available” basis without warranty or condition of any kind. The Clinic expressly disclaims any and all warranties and conditions of any kind whether express or implied, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. The Clinic’s website may include inaccuracies or typographical errors. You should not assume that this website will be error-free or that this website will operate without interruption.
The information on this website, including but not limited to, newsletters, articles, opinions, views, wording, graphics and images is provided for educational or information purposes only. It is not intended to provide medical, legal or professional advice whatsoever and should not be relied upon in that respect. You should not act or rely on any information on this website without seeking the advice of a professional.
The information provided on this website is believed to be reliable when posted. However, the Clinic does not guarantee the quality, accuracy, completeness or timelines of the information. The Clinic assumes no obligation to update the information or advise on further developments concerning topics mentioned. The information contained on this website may contain typographical errors. The Clinic does not warrant the completeness, timeliness or accuracy of any of the content on this site. The Clinic may make changes to the content at any time in its sole discretion without notice.
The Clinic, to the fullest extent permitted by law, disclaims all warranties, representations, covenants and conditions either express or implied, statutory or otherwise.
The Clinic disclaims all warranties, representations, covenants and conditions regarding the use of this website or the information, including all implied warranties or conditions of merchantability and fitness for a particular purpose and whether express or implied, or arising from a course of dealing, usage or trade practice.
Indemnity:
You agree to indemnify the Clinic from and against any and all actions, claims, losses, damages, liabilities and expenses, including reasonable legal fees, arising directly or indirectly from: (i) your breach of any of these Terms or any additional terms; (ii) your access to or use of this website or any website to which this website is or may be linked from time to time; (iii) your use of, reliance on, or publication, communication or distribution of anything on or from this website; or (iv) your violation of any law or regulation to the detriment of the Clinic. If you are dissatisfied with any material on this website or with any of the Terms of Use of this website, your sole and exclusive remedy is to discontinue using this website.
Conformance with Law:
You agree that your use of this website shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
You agree not to impersonate another person in your use of this website or the sending of any e-mail to an address listed on this website.
Access restriction:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Clinic as a result of this agreement or use of the Clinic’s website. The Clinic’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Clinic’s right to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Clinic’s website or information provided to or gathered by the Clinic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue to be in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Clinic with respect to the Clinic’s website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Clinic with respect to the Clinic’s website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Viruses and Infections:
While every effort is made to ensure that all information provided on this site does not contain computer viruses, the Clinic cannot and does not either guarantee or warrant that any files available for downloading through the website will be free of infection or viruses, worms, or codes that manifest contaminating or destructive properties. You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
Confidentiality Warning:
The Internet is not a secure medium and privacy cannot be assured. The Clinic cannot assume any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to anyone.
Collection of Information:
When you visit the website, the Clinic only collects information that is necessary for the purpose of the operation and security of this website, such as the Internet Protocol (IP) address of the computer, the operating system and the type and version of browser used to visit the website, the dates and times of such visits, the pages visited, and the key words entered into any search engine used to visit the website.
This information is collected so that we know how many people visit our website, the geographical region they are from, and which pages they view on our website. As a general practice, the information is aggregated and maintained in statistical reports and individuals are not identified. However, if an attempt to damage or disrupt the website is detected, we can take further action and may share the information with the legal authorities, who may use the information to investigate the breach of security and to trace and identify the individual(s). This information is not used for any other purpose. This website does not ask for nor does it collect any of your personal health information.
Cookies:
Cookies are text files which are placed on your computer while using a website so as to allow the website to recognize your computer. This website uses cookies as follows:
session cookies are used to allow this website to recognize your computer for the duration of your visit to this website, and expire when you leave this website; and
Google Analytics installs session and persistent cookies on your computer as is described above. The cookies introduced by Google Analytics are unknown to and not accessible by the Clinic.
Google Analytics:
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use this website. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for the website’s operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Termination of Access:
The Clinic reserves the right to terminate your access to this website at any time without notice. If your access has been terminated and you have any questions, please contact the Clinic.
Trademarks:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Copyright:
This website is protected under the copyright laws of Canada and other countries. The materials and images on this website are protected by copyright and are trademarked.
The Clinic either owns the intellectual property rights, including copyright, in and to this website, or has acquired the necessary licenses in the information, including all text, HTML code, multimedia clips, images, graphics, icons and the selection and arrangement of the contents of this website.
Unless otherwise noted, the content of the Clinic’s website is for visitor’s personal and non-commercial use.
Complete Agreement:
This Terms of Use Statement and the Privacy Policy represent the entire agreement between every user and the Clinic regarding the use of this website.
By agreeing to use this website and providing confidential information, you acknowledge reading the Terms of Use and Privacy Policy and agree with its terms including the collection, use, and disclosure of such information. The Clinic reserves the right to update the Terms of Use and Privacy on this website at any time. Users are responsible for reviewing this document periodically for changes.
The Clinic welcomes your comments and questions about our Terms of Use and Privacy Policy