WEB SITE TERMS AND CONDITIONS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("TERMS") BEFORE USING THIS SITE.
By continuing to access or use this site, or any service on this site, you signify your acceptance of the TERMS. From time to time, MedThree Insurance Group Inc. ("MedThree") may modify the TERMS. Accordingly, please continue to review the TERMS whenever accessing or using this site. Your use of this site, or any service on the site, after the posting of modifications to the TERMS will constitute your acceptance of the TERMS, as modified.
If, at any time, you do not wish to accept the TERMS, you may not use the site. Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly rejected by MedThree and shall be of no force or effect.
1. USER ASSENT TO TERMS AND CONDITIONS OF SERVICE.
You represent that you have read and agree to be bound by the TERMS for this site. You further agree: (i) to comply with Canadian law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TERMS; (ii) not to use the Service for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Service.
2. INTELLECTUAL PROPERTY.
This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada and other countries. The Service is also protected as a collective work or compilation under Canada copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3. RESTRICTIONS ON USE.
You may not use the Service for any illegal purpose or in any manner inconsistent with the TERMS. You agree to use the Service solely for the use and benefit of your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of MedThree. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by MedThree and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of MedThree and such others. You agree to protect the proprietary rights of MedThree and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by MedThree or its suppliers ofcontent, equipment or otherwise ("Suppliers") to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify MedThree in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. NO PROFESSIONAL ADVICE.
The Site is not intended to, and does not, provide specific insurance, financial, legal or other professional advice for any individual or business entity, and should not be relied on for such advice. Specifically and without limiting the generality of the foregoing, purchase of insurance through the Site does not in any way constitute advice, representation or warranty from MedThree with respect to the adequacy or suitability of that insurance for your particular situation or needs.
MedThree makes no representations or warranties with regard to the accuracy or completeness of information contained in the Site. You are responsible for evaluating the quality, accuracy, completeness, and usefulness of all information and opinions provided in the Site. In providing the information contained in the Site, MedThree is not rendering any professional advice or opinions with respect to specific facts or matters. MedThree assumes no responsibility or liability whatsoever in connection with your use of this information.
5. QUOTES NOT BINDING.
By providing material on the Site, MedThree does not in any way represent or warrant that the materials will remain available to you or that you will qualify for the products we offer. Specifically and without limiting the generality of the foregoing, any quotes for insurance products or services contained in the Site are quotes only and are not binding, and furthermore may not be available at the time the insurance policy is issued. Quoted rates are subject to change at any time, and without notice. MedThree expressly reserves the right to reject any application for insurance submitted through the Site. Insurance coverage is in place only after the application has been processed and accepted by MedThree, and the policy has been issued. MedThree is entitled to terminate all or part of any services offered through the Site at any time, without notice to you.
6 FURTHER RESTRICTIONS ON USE.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE PRINT COPIES FOR USE WITHIN YOUR ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT MEDTHREE’ PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF MEDTHREE’ COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTERNETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF MEDTHREE. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF MEDTHREE’ NAMES OR MARKS IN ANY MANNER THAT CREATES THE IMPRESSION SUCH NAMES OR MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR IMPLY ANY ENDORSEMENT BY MEDTHREE, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES OR MARKS. YOU WILL NOT USE THE SERVICE, THE INFORMATION CONTAINED THEREIN OR ANY OF MEDTHREE’ NAMES OR MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
You acquire no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the TERMS.
8. LINKING AND FRAMING.
- By linking to this Web site, you represent that you have read and agree to be bound by the TERMS.
- Upon linking to this site pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the "MedThree" name solely for providing an underlined, textual link from your Web site to this site, and for no other use;
- You may include a link(s) on your Web site to this site provided that you first send to MedThree via email to neil@MedThree.com (a) your name or the name of the technical contact responsible for the link(s); (b) the name of your company; (c) the email address and telephone number for you or the technical contact responsible for the link(s); and (d) the Web site address(es) where the link(s) to this Site will appear;
- Without specific, written consent by MedThree, you specifically may not link to an internal or subsidiary page of this Web site that is located one or several levels down from the home page ("deep link"), or bring up or present content of this Web site within another Web site ("frame").
9. NO CONFIDENTIALITY.
By entering the Site you acknowledge and agree that any communication or material you transmit to the Site, in any manner and for any reason, will not be treated as confidential or proprietary unless stated otherwise by MedThree. MedThree may share information about you as permitted by law. Such disclosures include those that MedThree feels are required to provide customer service, prevent fraud, perform research or comply with the law. Recipients may include MedThree’ family of insurance service companies, claims representatives, service providers, consumer reporting agencies, insurance agents and brokers, law enforcement, courts and government agencies. These parties may disclose the information to others as permitted by law.
Where permitted by law, we may also disclose information provided by you to service providers that help us market our products.
10. RIGHTS RESERVED.
All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "IP Rights") shall, as between you and MedThree, at all times be and remain the sole and exclusive property of MedThree. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to MedThree.
11. DISCLAIMER AND LIMITATION OF LIABILITY.
Information provided on this Website is believed to be accurate, but there is no guarantee it is accurate, current, or complete. While MedThree Insurance Services Limited shall endeavour to be accurate and timely, we shall not assume any responsibility whatsoever with respect to any contentincluding its accuracy or timeliness. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that MedThree makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. MedThree does not warrant that the Service is compatible with your equipment or is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that MedThree, its Suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of MedThree, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by MedThree. MedThree is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. MedThree does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. MedThree is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that MedThree and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TERMS. MedThree makes no representations or warranties, either expressor implied, or arising by statute, usage or trade, custom or otherwise, that the Site will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted by the Site, that the Site or its servers or any e-mail sent from MedThree are free of viruses or other harmful components, or that no damage will occur to your computer system as a result of your use of the Site. MedThree shall not be liable, whether due to the negligence of MedThree or otherwise and regardless of the duration, for any errors, inaccuracies, omissions or other defect in the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. By using or attempting to use the Site, the user expressly acknowledges that MedThree makes no warranties, representations or conditions regarding the site content including but not limited to currency, accuracy or completeness. You have sole responsibility for adequate protection and backup of your data, hardware and software, and to take reasonable and appropriate precautions against viruses and other contaminating or destructive properties.
12. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MEDTHREE, ITS SUPPLIERS OR ITS THIRDPARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF MEDTHREE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. (Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)
13. REPRESENTATIONS AND WARRANTIES.
You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) are at least eighteen (18) years old; (iii) shall not use any rights granted here under for any unlawful purpose; and (iv) shall use the Service only as set forth in these TERMS.
Where user is a broker or sub-broker ("Broker"), Broker also agrees to: (a) provide true,accurate, current and complete information about yourself and/or your company as prompted by any page(s) on the Site; and (b) maintain and promptly update such information to ensure that it remains true, accurate, current and complete. Specifically, and without limiting the generality of the foregoing, where Broker has submitted an Information or Supplementary Information Form to MedThree, Broker represents and warrants that the information contained in that form remains complete, current and accurate. If Broker provides any information that is untrue, inaccurate, not current or incomplete, MedThree has the right to suspend or terminate Broker’s account and/or refuse any and all current or future use of the Site (or any portion thereof). It is understood and agreed that MedThree will be under no obligation to confirm the actual identity or authority of any user of the Site, or any portion thereof.
14. NO HARMFUL USE.
You represent and warrant that information or material that you introduce into the Site electronically through your use of the Site is not harmful to others and does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you agree that you will not: interfere with or disrupt the Site or computer networks connected thereto; impersonate any other person or entity or make any misrepresentations generally, and specifically with respect to your identity or the purpose of your use of the Site; upload, post, or transmit any material or information to the Site which contains a computer virus or other material which is intended to, or which has the effect of, in any manner disrupting or interfering with the functioning of the Site or other computers or networks linking to the Site; upload, post, or transmit any message, information or images that are unlawful, harmful, defamatory, vulgar, obscene or otherwise tortious; or, violate any law or regulation related to internet use, generally, or interfere with any other Site user’s ability to use the Site or any of the services provided on the Site.
You agree, at your own expense, to indemnify, defend and hold harmless MedThree and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) a violation of the TERMS by you or anyone using your computer; (iii) a claim that any use of the Service by you or someone using your computer infringes any IP Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.
Either you or MedThree may terminate this agreement with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Service and destroying all materials obtained from the Service. This agreement will terminate immediately without notice from MedThree if MedThree determines, in its sole discretion that you have failed to comply with any provision of these TERMS. Upon termination by you or upon notice of termination by MedThree, you must promptly destroy all materials obtained from the Service and any copies thereof. Sections 2, 3, 10, 11, 12, 15, 16 and 17 shall survive any termination of this agreement.
17. GOVERNING LAW.
These TERMS shall be governed and construed in accordance with the laws of the Canada and the Province of Ontario, without giving effect to conflicts-of law principles thereof. You agree to submit to the personal jurisdiction of the provincial and federal courts located in the City of Toronto with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.
18. ACCESS OUTSIDE CANADA.
This website is available only in those jurisdictions where permitted by law. If you choose to access the Service from outside Canada, you are responsible for compliance with foreign and local laws. Software from the Service may be subject to Canadian export controls that prohibit downloading, exportation or re-exportation into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which Canada has embargoed goods. By using the Service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country.
Purchase of MedThree products or services offered through the Site is valid only in Canada and in other jurisdictions where they may be legally offered and purchased. Not all MedThree products and services are necessarily available throughout Canada.
You acknowledge that MedThree has the right to change the content or technical specifications of any aspect of the Service at any time at MedThree’ sole discretion. You further accept that such changes may result in your being unable to access the Service.
E-mail over the Internet is not a secure medium and privacy cannot be assured. MedThree Insurance Group Inc. shall not assume any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to MedThree over the Internet by e-mail, or if MedThree sends such information at your request.
20. OFFICIAL CORRESPONDENCE.
Official Correspondence must be sent via postal mail to: MedThree Insurance Group Inc., 401 The West Mall, Suite 700 Toronto, ON M9C 5J5
ADDITIONAL TERMS AND CONDITIONS OF SERVICE
- The content of this website contains only an outline of the coverages available under our insurance programs. Certain policy exclusions and limitations may apply in any given fact situation and limit the amount payable under the policy. Full terms and conditions of the insurance, including all exclusions and limitations are described in the policy document, a copy of which can be obtained from MedThree.
- Links from or to websites outside this website (the Site) are meant for convenience only. MedThree Insurance Group Inc. does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and MedThree Insurance Group Inc. will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and MedThree Insurance Group Inc. is not responsible or liable for any difficulties or consequences associated with downloading the software.
Copyright 2014 MedThree Insurance Group Inc. All rights reserved.