Terms & Conditions
USE AND RESTRICTIONS
Except as set forth herein, you must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, display, post, disseminate, distribute, publish, broadcast, transfer, transmit, perform, create derivative works from, sell or sublicense the Content without the express written consent of GenCare. These prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
GenCare is not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, the Website or any Content rests with you. You further agree that GenCare shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Website or any Content.
INTELLECTUAL PROPERTY RIGHTS
The Website is owned and operated by GenCare. The Website and all of the Content are, and at all times remain, the property of GenCare, its affiliates or third-party licensors. The Website and all of the Content are protected by Canadian, United States and international intellectual property laws. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by GenCare may be subject to additional restrictions.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of GenCare (the “GenCare IP”) or third parties (the “Third Party IP”). GenCare is, and at all times remains, the sole owner of the GenCare IP. The display of the Content, the GenCare IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the GenCare IP or the Third Party IP. Use of any of the Content, the GenCare IP or the Third Party IP, without the prior written consent of GenCare, is strictly prohibited.
THIRD PARTY WEBSITES AND CONTENT LINKED TO THE WEBSITE
The Website may contain links to third party websites or content posted on third party websites (the “Links”). GenCare provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.
You acknowledge that in providing the Links, GenCare:
- does not endorse any third party website or content accessible via the Links;
- does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website or content;
- does not make any representation or warranty of any kind regarding the Links;
- is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
- is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that you are solely responsible for:
- taking all protective measures to guard against viruses and other destructive elements;
- abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
- evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
LINKS TO THE WEBSITE ON THIRD PARTY WEBSITES
If you want to include a link to the Website on your website (the “Third Party Link”),You must:
- provide GenCare with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
- obtain the prior written consent of GenCare to establish the Third Party Link and abide by any terms and conditions required by GenCare as part of its consent.
GenCare may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to You. Upon exercise of this right by GenCare, you must immediately remove all of your links to the Website. If you refuse or neglect to remove all of your links to the Website, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to GenCare and that GenCare shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
GenCare is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
You expressly understand and agree that:
- The Content and the Links are provided for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
- The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, either express or implied.
- GenCare, does not make any, and to the maximum extent permitted by law, expressly disclaims all representations, warranties, covenants and conditions, express or implied by operation of law or otherwise, with respect to the Website, the Content and/or the Links, including, without limitation:
- Warranties or conditions of title and non-infringement;
- Implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
- Warranties or conditions that the Content will be useful or meet your requirements or expectations or that the Content or Website will be available, uninterrupted, timely, secure, error free, or free of defects, computer viruses or other harmful components;
- Warranties or conditions as to privacy or security; and
- Warranties or conditions arising from any course of dealing, course of performance or usage of trade, with respect to the website, the content or the links.
LIMITATION OF LIABILITY
You expressly understand and agree that in no event will GenCare, or its affiliates, and each of their respective directors, trustees, officers, employees and agents have any responsibility or liability in connection with the website for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation, direct, indirect, special, punitive, exemplary or consequential damages or other damages arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the website, any content or any links or failure of the website or any links (including, without limitation, any damages suffered as a result of omissions or inaccuracies in the website, any content or any links or the transmission of confidential or sensitive information to or from the website or any links). These limitations apply to the maximum extent permitted by law and even if the party liable or allegedly liable had been advised of the possibility of such damage or loss or if such loss or damage was foreseeable.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- You are an individual and have reached the age of majority in the jurisdiction in which you are resident.
- You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
You agree to defend, indemnify and hold harmless each of GenCare, its affiliates and each of their respective directors, trustees, officers, employees, and agents from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
- your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links.
CHANGES TO THE WEBSITE
CHOICE OF LAW
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of law principles. GenCare and you each agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
CHANGES & TERMINATION
GenCare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, you acknowledge and agree that GenCare may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links. You agree that GenCare will not be liable to You or any other individual or entity as a result of any such suspension or termination.
GenCare Services Limited
Address: 360 Sovereign Road, London, ON N6M 1A8
Phone: (519) 659-7118
Fax: (519) 659-7301