(Last updated on Aug 20, 2016)
Lynne Racette ND (“Dr. Racette”, “we”, “us” and terms of similar meaning) provide the Services, including access to the site contained at www.DrLynne.ca (“Site”) and the Content subject to these terms and conditions of use (these “Terms”). An updated copy of these Terms will be available through the Site.
Throughout these Terms, we will refer to the services provided through the Site as the “Services”. Content on the Site, including all text, information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
Please read through these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
The Services are not intended to be used by children. You must be at least eighteen (18) years of age to use the Services.
Through the Site, you may be able to book and obtain online consultations with Dr. Racette, view relevant Content and participate in online programs and webinars.
You do not become a patient of Dr. Racette until you have completed the required patient intake and consent forms and you and Dr. Racette agree to enter into a patient-doctor relationship. Accessing or using the Site does not mean that you have become a patient of Dr. Racette. Similarly, corresponding with Dr. Racette does not mean that you have become a patient of Dr. Racette.
- Fees, Charges, Taxes
Fees and other charges for the use of the Services are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will be not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
- Registration Data; Account Security
To access certain Services on the Site, you must register for an account (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your User Account.
- Ownership, Copyright and Trademarks
Any Content provided by Users on the Site is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Site may include a comments on a post, information, data, images, videos, sounds and other data uploaded by a User to the Site. Dr. Racette reserves the right to remove any User Content that is, in Dr. Racette’s sole opinion, fraudulent, invasive, illegal or otherwise objectionable.
Dr. Racette’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 7 of these Terms.
Other than User Content, the Services, all Content and any other software used to create and operate the Services is the property of Dr. Racette or her licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
- License to Use the Site and License Restrictions
Dr. Racette grants to you a revocable, non-exclusive, non-sublicensable license to use the Site, access the Services and to view the Content available to you through the Services (“License”).
Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:
- The Services we provide through the Site are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Site.
- You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
- You may not otherwise use the Site or the Content other than for its intended purpose.
- Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Dr. Racette at any time.
- Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
- Your Limited License of Your User Content to Racette
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave a comment on an Article or blog post, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant Dr. Racette and her affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
- Warranty Disclaimer
The Site, the Content and the Services are provided to you on an “as is” basis without warranties from Dr. Racette of any kind, either express or implied. Dr. Racette expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Site and Content are provided to you for informational purposes only and should not be relied up on as accurate, complete, timely or fit for any particular purpose. The Content is not intended to be medical or naturopathic advice or an opinion of any kind. If you require medical or naturopathic advice, we advise you to seek such advice from a qualified medical professional. similarly, you should seek medical advice in advance of beginning or following a naturopathic or weight-loss program made available throgh the site. If there is an emergency, you should go to the nearest hospital or contact emergency services.
- Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Dr. Racette, her affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither Dr. Racette nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site, Content or other information obtained from Dr. Racette or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, any User, or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Dr. Racette, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site or the Services exceed any amount paid by you for access to the Site or Services during the three months prior to the date of any claim, if any.
You shall defend, indemnify and hold harmless Dr. Racette and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services and from the use of the Services by any person to whom you give access to your account.
Notices that we give you may be provided in any of the following ways. First, we may e-mail you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the account area of your User Account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
- Applicable Law and Venue
The Site is controlled by Dr. Racette and operated by her offices in Kirkland Lake, Ontario. You and Dr. Racette both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Dr. Racette explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Services or Content; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Dr. Racette related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Dr. Racette. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Dr. Racette and the other Released Parties for your failure to comply with any such laws.
- Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Dr. Racette reserves the right, without notice and in her sole discretion, without any notice or liability to you, to (a) terminate your License to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Site, Services or Content; and (d) impose limits on the Services or Content. When your account is terminated, any User Content you have uploaded to the Site may remain on the Site.
If these Terms expire or terminate for any reason, Sections 8, 9, 11, 12, 13 and 14, and any representation or warranty you make in these Terms, shall also survive indefinitely.
- Modification of Terms
Dr. Racette reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in her sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, or we will post a notice in the Site visible to you the next time you access the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Dr. Racette may assign any or all of her rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Dr. Racette, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Dr. Racette regarding your use of the Services, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Dr. Racette regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
- Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here.