Legal Agreement. The Terms of Service (the “Agreement”) is a legal agreement that governs the access and use of services through the web platform www.hopestonetherapy.com (the “Website”), to facilitate connection with a registered social worker of HOPESTONE THERAPY and related administrative functions, including but not limited to telephone and customer services, reception, appointment scheduling, and booking (collectively the “Services”), operated and managed by HOPESTONE THERAPY (“we”, “us”, “our”, or “HOPESTONE THERAPY”). Individuals (“you”, “your”, or the “User(s)” throughout) who visit our Website to learn about our services and to engage a registered social worker. References to you, your and User(s) used throughout this Agreement also include a User’s substitute decision maker as defined under the Health Care Consent Act, 1996, where applicable. This Agreement also governs your access and use of the Website by you and all materials displayed or made available on the Website, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software, and code (the “Content”) on the Website.
By using the Website, you acknowledge, understand and agree that:
- The content of the Website and Website could include technical, typographical or photographic errors. HOPESTONE THERAPY does not warrant that any of the materials provided are accurate, current or complete.
- HOPESTONE THERAPY does not warrant the accuracy, fitness or merchantability of any third-party websites linked to our Website and your use of such third party websites is entirely at your own risk.
By accessing and using our Services, you are indicating that you accept to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use our Services. HOPESTONE THERAPY may revise this Agreement at any time with reasonable notice to you. Use of the Services after such changes are made available to you constitutes your acceptance of and agreement with the revised terms of this Agreement.
Medical Emergency. HOPESTONE THERAPY must not be relied upon for medical or other emergencies at any time, and under any circumstances. Do not attempt self-treatment based on anything you have seen or read on the Website. HOPESTONE THERAPY DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER, VISIT YOUR NEAREST HOSPITAL EMERGENCY DEPARTMENT OR DIAL 911 IMMEDIATELY. Always seek the advice of a physician or other qualified health care provider practicing in your jurisdiction concerning any questions you may have regarding your medical condition.
Misuse of Services. HOPESTONE THERAPY retains sole discretion to refuse or discontinue the provision of Services to any User at any time, including for actual or potential misuse of the Services by a User.
Copyright. The Content is copyrighted and owned by HOPESTONE THERAPY, its licensors, or the provider of the Content, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the Website or Content, whether in whole or in part, is prohibited without HOPESTONE THERAPY’s express prior written consent.
Limited Licence. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Website, Content, and any part of our Services for your personal, non-commercial use. Access to the Website and Services for any other purpose is prohibited.
Restrictions. Except to the extent expressly permitted in this Agreement, you may not reproduce, modify, adapt, translate, transmit, sell, rent, lease, license, or transfer the Content in whole or in part. Other than the limited licence granted herein, nothing contained on the Website shall be construed as granting you any right, title, interest, or other license in or to any Content, including, but not limited to, any intellectual property rights in the Content.
Posted Information. All Content and other information made available on the Website or through any other part of our Services is provided for general, illustrative or informational purposes only and does not constitute medical or health care advice and is not intended to be a substitute therefor. You should not act or refrain from acting based on any information provided on the Website or through any other part of our Services.
No Endorsements. Unless expressly stated, HOPESTONE THERAPY does not recommend or endorse any particular brand of products, services, procedures, or other information that may appear from time to time on the Website or through any other part of our Services.
Linking. The Website or Content may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by HOPESTONE THERAPY of any third-party website and its content. Unless specifically stated, HOPESTONE THERAPY does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:
- regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
- regarding the merchantability or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third-party websites; or
- that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.
HOPESTONE THERAPY reserves the right to provide or remove any links on the Website at any time and do so without notice.
Disclaimer. The Website and Content are provided “as is” and “as available”. While HOPESTONE THERAPY endeavors to provide accurate, current, and timely information, HOPESTONE THERAPY makes no representation, warranties or covenants, express or implied, regarding the Website or Content including, without limitation, no representation, warranty or covenant that:
- the Website or Content contained in or made available through the Website will be of merchantable quality or fit for a particular purpose;
- the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;
- the operation of the Website or Content will be uninterrupted or error free;
- defects or errors, whether human or computer errors, in the Website, Content or any other part of our Services will be corrected;
- the Website or Content will be free from viruses or harmful components; and
- that communications to or from the Website or Content will be secure or not intercepted.
You acknowledge and agree that your access and use of the Website or Content is solely at your own risk and liability.
Limitation of Liability. In no event shall HOPESTONE THERAPY or its officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, or consequential damages, including, without limitation, any loss or damages relating to your use or misuse of any part of our Services, Website or Content or your inability to use our Services including the Website or Content.
Under no circumstances shall HOPESTONE THERAPY or its officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from:
- the acts, omissions, or conduct of any third-party, and
- any access, use, reliance upon or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if HOPESTONE THERAPY knew of or ought to have known of the possibility of such damages.
Indemnity. You agree to indemnify, defend, and hold harmless HOPESTONE THERAPY, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from:
- your breach of any of the terms and conditions of this Agreement;
- your access to, use, misuse, reliance upon, or inability to access or use the Website or Content or any other part of our Services from time to time; or
- your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website or any other part of our Services.
Modification to the Website. HOPESTONE THERAPY reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website and any other part of our Services without notice to you. We may provide notice to you out of courtesy, but that does not obligate us to provide notice for any subsequent amendments to our Services including our Website. HOPESTONE THERAPY shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Website or Content or any part thereof.
Termination. HOPESTONE THERAPY may, in its sole discretion, cancel or terminate your right to use the Website, Content or any part of our Services at any time without notice. In the event of termination, you are no longer authorized to access the Website or the parts of the Website affected by such cancellation or termination. The restrictions imposed on you with shall survive termination of this Agreement. HOPESTONE THERAP Y shall not be liable to you or to any third-party for such termination.
Use Prohibited Where Contrary to Law. Use of the Website, Content and any part of our Services is unauthorized in any jurisdiction where the Website or any part of our Services may violate any laws or regulations. You agree not to access or use the Website or any part of our Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.
Governing Law. The Website and all parts of our Services are operated by HOPESTONE THERAPY from its offices in Ontario, Canada. You agree that all matters relating to your access or use of the Website, Content and any part of our Services shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website or any part of our Services as well as any dispute that may arise therefrom.
Severability. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.
Assignment. This Agreement is not assignable, transferable, or to be sublicensed by you except with the prior written consent of HOPESTONE THERAPY. HOPESTONE THERAPY may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Waiver. Any consent by HOPESTONE THERAPY, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.
Entire Agreement. This is the entire Agreement between you and HOPESTONE THERAPY relating to your access and use of the Website. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and HOPESTONE THERAPY relating to the subject matter of this Agreement.
Contact Us. Questions or comments regarding the Website or any part of our Services should be directed to HOPESTONE THERAPY’s administrator at firstname.lastname@example.org.