Terms of Use

Effective Date of these Online Terms of Use: August 31, 2016

One of Canada's leading health care companies (the "Sponsor") is responsible for maintaining the Web site www.lowt.ca (the "Web site"). These Online Terms of Use govern your access to and use of the Web site. These Online Terms of Use do not apply to web sites that do not link to these Online Terms of Use, to non-Canadian residents, or to third-party web sites to which the Web site may link. Your use of the Web site is subject to these Online Terms of Use and the Privacy Policy.

Without prejudice to your rights under applicable law, the Sponsor reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If the Sponsor changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the Web site, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing the Web site. If you disagree with these Online Terms of Use, or are dissatisfied with the Web site, your sole and exclusive remedy is to discontinue using this Web site.

DISCLAIMERS

You acknowledge and agree that:

  • Although we strive to provide on the Web site the latest developments relating to the information, the Sponsor does not warrant the accuracy, effectiveness and suitability of any information contained in the Web site. Each person assumes full responsibility and all risks arising from his/her use of the Web site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. The Sponsor reserves the right to make additions, deletions, or modifications to the information contained on the Web site at any time without any prior notification.
  • THE SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE WEB SITE. THE SPONSOR HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SPONSOR BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE WEB SITE, AND/OR THE INFORMATION OR CONTENT POSTED ON THE WEB SITE, REGARDLESS OF WHETHER THE SPONSOR HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY OF THE ABOVE EXCLUSIONS OF WARRANTIES IS UNENFORCEABLE IN YOUR JURISDICTION, THE OTHER EXCLUSIONS LISTED ABOVE WILL STILL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY THAT JURISDICTION'S LAW.
  • The Sponsor is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. These links are provided solely as a convenience to you and not as an endorsement by the Sponsor of the contents on such third-party web sites, which are not under the control of the Sponsor. Such information should, therefore, be considered as suspect and is not endorsed by the Sponsor.
  • The information provided in this Web site is intended solely as general information for educational purposes only. THE INFORMATION ON THE WEB SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL, AND MUST NOT BE USED TO DIAGNOSE OR TREAT A DISEASE OR CONDITION. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE AND SERVICES. Sponsor is not liable or responsible for any information you obtain through this Web site. Reliance on any information provided on this Web site or any linked websites is solely at your own risk. Health and medical information changes constantly. Therefore the information on this Web site or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual.

YOUR USE

  • By using the Web site, you agree not to disrupt or intercept our electronic information posted on the Web site or on any of our servers. You also agree not to attempt to circumvent any security features of the Web site. Violations of our system or network security may result in civil or criminal liability, and the Sponsor will investigate occurrences which may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
  • By using the Web site, you agree to abide by all applicable, local, state, provincial, federal and international laws, rules and regulations. You agree that you will not use the Web site in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
  • Except as expressly stated and agreed upon in advance by the Sponsor, no confidential relationship shall be established in the event that any user of the Web site should make any oral, written or electronic communication to the Sponsor (such as feedback, questions, comments, suggestions, ideas, etc.). The sender of any information to the Sponsor is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published in the Web site (the "Information") are the sole property of the Sponsor, except for information provided by third-party providers under contract to the Sponsor. Permission to use the Information is granted, provided that (1) the Web site copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from the Web site are used separate from accompanying text. The Sponsor is not responsible for content provided by third-party providers, and you are prohibited from distributing such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of the Sponsor.


No use of any trademark, trade names, trade dress in the Web site may be made without the prior written authorization of the Sponsor.

PRIVACY AND SECURITY

The Sponsor is committed to safeguarding your privacy online. We understand the importance of privacy to our Web site visitors. We do not actively or passively collect your personal information. By accessing and using the Web site, you agree to be bound by the Sponsor's Privacy Policy.


WHILE THE SPONSOR HAS SAFEGUARDS IN PLACE TO PREVENT UNAUTHORIZED ACCESS OR INTERCEPTION, THERE IS NO ABSOLUTE GUARANTEE OF SECURITY. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, THE SPONSOR SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A USER, EVEN IF THE SPONSOR HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SPONSOR DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Sponsor, its affiliates and their respective officers, directors, employees and agents ("Representatives"), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Sponsor, arising out of or in connection with (i) your use of the Web site, (ii) your breach of these Online Terms of Use, including any abusive or unlawful behaviour on the part of you or your dependents, or (iii) your infringement of any intellectual property or privacy right of any person. This indemnification provision shall apply to third-party claims as well as claims between you and the Sponsor.

LIMITATION OF LIABILITY

The Sponsor does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the Web site. Reliance on these materials, information and opinions is solely at your own risk. The Sponsor disclaims any liability for injury or damages resulting from the use of the Web site, or the content contained thereon.


THE WEB SITE, THE SITE CONTENT, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. IN NO EVENT SHALL THE SPONSOR, ITS AFFILIATES AND/OR THEIR RESPECTIVE REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE SPONSOR AND WHETHER OR NOT THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.


You agree that, regardless of any applicable law to the contrary, you will not file a claim or cause of action arising out of or related to the Web site or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Sponsor, its affiliates and their respective officers, directors, employees and agents ("Representatives"), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Sponsor, arising out of or in connection with (i) your use of the Web site, (ii) your breach of these Online Terms of Use, including any abusive or unlawful behaviour on the part of you or your dependents, or (iii) your infringement of any intellectual property or privacy right of any person. This indemnification provision shall apply to third-party claims as well as claims between you and the Sponsor.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE WEB SITE.

GENERAL

You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The Web site will be governed by and construed and interpreted in accordance with the laws of the province of Ontario. The laws of the province of Ontario and the federal laws of Canada applicable therein will control the terms provided in these Online Terms and Conditions, to the extent that the laws of the province of Ontario are not overridden by applicable mandatory law, e.g. consumer protection laws applying to you. You agree that the jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Web site will be resolved before the courts of the province of Ontario sitting in the city of Toronto. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect. The parties have required that these Online Terms and Conditions and all related documents be drawn up in English. Les parties ont demandé que les présentes Modalités d'utilisation ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Copyright © 2017. Brought to you by one of Canada's leading health care companies. All Rights Reserved.

The information provided in this Web site is designed to be an educational aid only.

It is not intended to replace the advice and care of your doctor, nor is it intended to be used for medical diagnosis or treatment.

Should you have any questions regarding your treatment or condition, always consult your doctor or another health care professional.

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