Important! Please read carefully. This is a contract. By using this website, you accept all terms and conditions as set out below (“Terms and Conditions”). If you do not agree to be bound by these Terms and Conditions, do not use this website. The Lucas Clinic Inc., its parent, subsidiaries and affiliated companies (“The Lucas Clinic”) maintain The Lucas Clinic Website (the “Site”) for promotional purposes (collectively, the “Materials”). You may view the Materials displayed on the Site strictly for informational and recreational purposes provided you do not distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without the written permission of The Lucas Clinic and, further, that you retain all copyright and other proprietary notices contained on the materials. The Lucas Clinic reserves the right, in our sole discretion, to modify, alter or otherwise change these Terms and Conditions and you agree to be bound by such modifications, alterations or changes. The Lucas Clinic assumes no liability or responsibility whatsoever for any error or omissions in the content of the Site.
OWNERSHIP OF THE MATERIALS
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of The Lucas Clinic. The Lucas Clinic neither warrants nor represents that your use of the Materials displayed on the Site will not infringe rights of third parties.
OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
Images of people or places displayed on the Site and in the Materials are either the property of The Lucas Clinic, or used by The Lucas Clinic with permission. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of The Lucas Clinic and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Lucas Clinic or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content or Materials on the Site, except as provided in these Terms and Conditions, is strictly prohibited. The Lucas Clinic will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
ACCEPTANCE OF TERMS
In consideration for the entitlement to access our Materials on the Site (the “Service”), you agree to comply with the Terms and Conditions. If you violate the Terms and Conditions The Lucas Clinic may, in its sole discretion, have you permanently banned from the Site.
You understand and agree that The Lucas Clinic may, in its sole discretion and at any time, terminate your access to the Site for any reason. The Lucas Clinic may also, in its sole discretion and at any time, discontinue the Site or Service or limit or restrict any user access thereto, for any reason. You understand and agree that The Lucas Clinic may take any one or more of these actions without any notice to you, prior or otherwise.
The Lucas Clinic respects the privacy concerns of the users of its Sites. As a general policy, no personal information is automatically collected from users of its Sites. However, certain non-personal information is recorded by the standard operation of the internet servers of The Lucas Clinic’. Information, such as the type of browser being used, its operating system, and your domain name may be gathered. Other uses of this information include internal review of the number of users to the Sites, but only in an aggregate and non-personally-identifiable form.
You agree to indemnify, defend and hold The Lucas Clinic, its parent, subsidiaries and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. The Lucas Clinic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim by The Lucas Clinic.
DISCLAIMER/LIMITATION OF LIABILITY
Your use of, and browsing, the Site are strictly at your own risk. Neither The Lucas Clinic nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Lucas Clinic also assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any Materials , data, text, images, video, or audio from the Site.
COMPLIANCE WITH LAWS
Unless otherwise specified, the Materials on the Site are presented solely for the purpose of allowing you to assess information regarding The Lucas Clinic. We make no representation that Materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario. Any action you, any third party or The Lucas Clinic bring to enforce the Terms and Conditions or, in connection with, any matters related to the Site shall be brought in the Province of Ontario, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions shall not affect the validity and enforceability of any remaining provisions.