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Legal statement

Privacy Policy

1. This site does not collect any personally identifying information about individuals except when specifically and knowingly provided by such individuals. Personally identifying information provided by individuals will be used only in connection with accessing their personalized Internet website, or emergency site, or for such other purposes as are described at the point of collection.

2. Such information will not be transferred to any other parties unless otherwise stated at the time of collection. While Clarity Health Inc. will seek to require third-party content providers and other parties to adhere to its and their privacy policies, neither bears any responsibility for any actions or policies of such third parties.

3. Subscribers and members should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address) on the bulletin boards, discussion forums or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.

KIDS: Be sure to ask your parents for permission before you send any information about yourself to us or anyone else over the Internet.

PARENTS: Any such information collected by Clarity Health from children is used for editorial participation and feedback purposes, together with any other purposes that will be described where the information is collected, and will not be transferred to any third party.

Privacy Statement

1. Customer Privacy Statement

Date of original issue: May 2, 2005.

2. Our Commitment to Privacy

(1) Clarity Health Inc. (“Clarity Health”) is committed to controlling the collection, use and disclosure of the personal information provided by its customers.

(2) This Privacy Statement is a simplified version of Our Privacy Policy adopted by Clarity Health to ensure the accuracy, confidentiality and integrity of your personal information.

(3) Our Privacy Policy is modeled after the Canadian Standards Association Model Code for the Protection of Personal Information and is compliant with Canadian privacy laws, both federal and provincial, and including the federal Personal Information Protection and Electronic Documents Act. A summary of the ten principles of fair information practices adopted in Our Privacy Policy is included at the end of this Privacy Statement. A complete copy of Our Privacy Policy is available on request by contacting your local Privacy Compliance Officer or on Clarity Health web site at http://www.clarityhealthjournal.com.

(4) Additionally, Clarity Health Inc. adheres to United States of America federal privacy legislation, in particular, the 1998 Children’s Online Privacy Protection Act (COPPA). Whenever we collect or maintain information at our Web site from those we actually know are under 13, we obtain parental consent before any personally identifiable information is collected, used or disclosed. We obtain parental consent before children are allowed to post or communicate directly with others. We avoid collecting more information than necessary when offering children’s games and activities. We also follow strict rules when sending email; and we provide parents reasonable access to information collected from their children, and the ability to correct or remove that information.

3. What is Personal Information?

(1) “Personal information” is personally identifiable information such as your name, residential address and e-mail address and includes information about your product and service subscriptions and usage, credit information and billing records, service and recorded complaints.

(2) Personal information is collected by Clarity Health only when you specifically and knowingly choose to provide it to us such as when you subscribe to a Clarity Health publication. We may also receive personal information from our business partners and other third parties provided that such third parties confirm to us that they have obtained your consent to the disclosure of your personal information.

(3) Publicly available information, such as a public directory listing of your name, address, telephone number and electronic address, is not considered personal information.

4. Collection and Use of Personal Information

(1) Clarity Health collects and uses your personal information primarily for the purpose of providing you with the products and services you have requested from us.

(2) Your personal information is used to communicate with you about your account and to provide you with information related to other services. If you indicated that you were interested in receiving offers or information from selected sponsors or advertisers, your personal information would also be used to contact you or to send you e-mail materials and other mailings about products and services that might be of interest to you. You always have the option, however, to tell us not to share your personal information with or to exclude you from offers for other products or services.

(3) Clarity Health may also contact you from time to time to conduct market research and surveys in an effort to continually improve our product and service offerings.

(4) Unless you specifically authorize us to release your personal information, or release is required or permitted by law, Clarity Health will not sell, lease or trade your personal information to other third parties.

(5) Anonymous or “non-personal” information gathered by Clarity Health through our web sites may be used for technical, research and analytical purposes. Information collected (through surveys, existing files and public archives may be used by Clarity Health to analyze their markets and to develop or enhance service offerings.

(6) Clarity Health will only ask for information about you that we need and will only ask for it when we need it. When we ask you for the information, we will explain to you why we need it and what we are going to do with it.

(7) We will seek your prior consent to the collection, use and disclosure of the information as required by applicable privacy legislation. Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of information about you. You may also withdraw your consent to any further collection, use or disclosure of information about you at any time by giving us reasonable notice. If our intended disclosures or uses of information change, we will notify you accordingly.

(8) Your personal information will not be used for any other purpose without your consent.

5. Disclosure

To enable us to more efficiently provide the products and services you have requested from us, Clarity Health may share your personal information with selected third parties who are acting on our behalf as our agents, suppliers or service providers. Such third party service providers are provided only with such information as is necessary in the circumstances. Information provided to third parties may be used only for the purpose stipulated and is subject to strict terms of confidentiality.

6. Use of Cookies

(1) Clarity Health uses a browser feature called a cookie to collect information anonymously and track user patterns on Services web sites. A cookie is a small text file that is placed on your hard disk by a web site. “Cookies” contain a unique identification number that identifies your browser, but not you, to our computers each time you visit one of our web sites. Cookies tell us which pages of our web sites are visited and by how many people.

(2) The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on our web sites.

7. Accuracy

Clarity Health will try to ensure that information about you is accurate, complete and up-to-date. However, please inform Clarity Health to whom you provided your information of any change of name, address or other information. In the event you have questions about the accuracy of factual information we have collected about you, you will have access to that information in order to verify and update it. If we have disclosed inaccurate information about you to a third party, we will be pleased to contact the third party in order to correct the information.

8. Security

Clarity Health is committed to protecting your privacy. Security measures, such as locked filing cabinets, restricted access and the use of passwords and encryption have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Our employees have been trained to respect your privacy at all times and those employees with access to your personal information shall use your personal information strictly in accordance with our Privacy Policy and the laws applicable to each specific business.

9. Access

(1) If you have any questions about the collection, use or disclosure of your personal information or if you simply want to know whether we have any of your personal information on file, you may contact our Privacy Compliance Officer. Except in limited circumstances, as specifically provided by applicable privacy legislation, Clarity Health can tell you whether they hold personal information about you. They can tell you the source of the information, allow you access to your personal information and find an account of the use that has been made or is being made of the information and the third parties to which it has been disclosed.

(2) Clarity Health will only refuse access to information about you in those circumstances permitted or required by applicable privacy legislation. If Clarity Health refuses access to you, it will provide you with the reasons for its refusal upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege. Clarity Health will respond to your requests for access in accordance with applicable privacy legislation.

10. Questions or Concerns

(1) If you have any questions or concerns about the personal information about you held by Clarity Health or about the compliance by Clarity Health with our Privacy Policy, please contact our Privacy Compliance Officer. Contact information for our Privacy Compliance Officer may be found on our web site or by contacting Clarity Health .

(2) Clarity Health has procedures in place to receive and respond to complaints or inquiries about its handling of personal information. They will describe the complaint procedures to anyone who makes inquiries or lodges complaints.

(3) If you are not satisfied with the response from our Privacy Compliance Officer after making a complaint, you may have recourse to additional remedies under applicable privacy legislation. For further information, please contact the federal Privacy Commissioner or your provincial Privacy Commissioner, as applicable. Contact information is available on our web site or by contacting Clarity Health .

11. Ten Principles of Fair Information Practices

(1) Accountability. Clarity Health is responsible for the personal information under its control and shall designate one or more individuals who shall be accountable for the company’s compliance with the procedures and principles set out in our Privacy Policy.

(2) Identifying Purpose. Clarity Health will identify the purpose for which personal information is collected at or before the time the information is collected. The purposes for which information is collected, used or disclosed by Clarity Health must be those that a reasonable person would consider are appropriate in the circumstances.

(3) Consent. The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where consent is not required by privacy legislation as, for example, where the collection, use or disclosure of personal information is solely for journalistic, artistic or literary purposes.

(4) Limiting Collection. Clarity Health shall limit the collection of personal information to that which is necessary for the purposes identified by the company. Personal information shall be collected by fair and lawful means.

(5) Limiting Use; Disclosure and Retention. Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of the purposes for which it was collected.

(6) Accuracy. Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

(7) Safeguards. Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

(8) Openness. Clarity Health shall make readily available to its customers and employees specific information about its policies and practices relating to the management of personal information.

(9) Individual Access. Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information except where Clarity Health is permitted or required by law not to disclose personal information to the individual customer or employee. An individual customer or employee shall be able to challenge the accuracy and completeness of the information disclosed to him or her and have it amended as appropriate.

(10) Challenging Compliance. An individual customer or employee shall be able to address a challenge concerning compliance with the principles in our Privacy Policy to his or her designated Privacy Compliance Officer.

Disclaimer

The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. It is for general information and referral purposes only, and does not diagnose medical conditions, offer medical advice, or endorse specific products or services. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician and/or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.

The information is compiled from a variety of sources (“Information Providers”). Neither Clarity Health , its affiliates, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of Clarity Health or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Clarity Health or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Clarity Health or the Information Provider has been advised of the possibility of such damages.

The user hereby acknowledges that using the software on the user’s personal microcomputer while connected to the Internet will result in information, typically in the form of suggested hyperlinks, being automatically downloaded to said microcomputer for the purpose of continually keeping the software current and updated. Information accessed using the software is from third party sources and is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Clarity Health and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. Clarity Health and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Clarity Health and Information Providers cannot and do not guarantee or warrant that files available for downloading from this Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Online discussion boards, forums and other communities on this Service are moderated forums. The messages posted in these forums and in chat rooms are not checked for medical accuracy. The opinions expressed in these forums reflect only the opinions of the individual authors and do not reflect the viewpoint of Clarity Health or any of its Information Providers. The Service is not responsible for any statements or materials posted in these forums.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE

TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. Clarity Health AND INFORMATION PROVIDERS HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Terms and Conditions

The Service is an online information and communications service provided by Clarity Health , subject to your compliance with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service (“Information”) and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. Clarity Health MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

  1. Software License. By this Agreement, Clarity Health grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license (“License”) to use any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by Clarity Health and/or its Information Providers and other licensors (together with the Information Providers, “Licensors”).
  2. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and Internet access service) necessary to use any Internet-related feature of the software.
  3. Operating Policies. You agree to comply with the Operating Policies set forth in Exhibit A which are the rules that govern user activity in connection with the use of the software, as they may be amended by Clarity Health from time to time. Clarity Health may remove any communications and materials that Clarity Health believes in its sole discretion to violate the Operating Policies; however Clarity Health does not guarantee that it will remove any or all of such material. Violations of the Operating Policies or other provisions of this Agreement may also result in termination or suspension of your license, as defined in paragraph 1 above.
  4. Copyright and Licenses. The entire contents of the Service are copyrighted as a collective work under Canadian and other copyright laws. Clarity Health holds full rights to use the copyright for the collective work. The collective work includes works which are the property of Clarity Health ’s Licensors which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of material from the different areas of the Service solely for your own non-commercial use. Any redistribution, retransmission or publication of any material, however, is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the website.

    You agree to grant to Clarity Health a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicence, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as chat rooms, discussion boards, forums and other communities) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Clarity Health for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
  5. Review. Clarity Health RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED USING THE SERVICE AND TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER, OR (D) OFFENSIVE, OBJECTIONABLE OR OTHERWISE UNACCEPTABLE TO Clarity Health AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
  6. Indemnification. You agree to indemnify, defend and hold harmless Clarity Health , its officers, directors, employees, agents, suppliers and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
  7. Third Party Rights. The provisions of paragraphs 5 (Review) and 6 (Indemnification) are for the benefit of Clarity Health and its officers, directors, employees, agents, suppliers and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  8. Term; Termination. This Agreement shall commence upon your accessing the Service. This Agreement may be terminated by Clarity Health without notice at any time for any reason and may be terminated by you upon notice to Clarity Health at any time for any reason. The provisions of the Disclaimer set forth above and of paragraphs 4 (Copyright, Licenses and Idea Submission), 5 (Review), 6 (Indemnification), 7 (Third Party Rights) and 9 (Miscellaneous) shall survive any termination of this Agreement.
  9. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. You agree that any legal action or proceeding between Clarity Health Inc. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Toronto, Ontario, Canada. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. Clarity Health ’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Clarity Health may assign its rights and duties under this Agreement to any party at any time without notice to you. Clarity Health Journal is a trade mark of Clarity Health Inc. Other trademarks and service marks appearing on the Service may be owned by other parties including third parties not affiliated with Clarity Health .
  10. Notice. Clarity Health may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by Canada Post Lettermail to your address on record in Clarity Health ’s account information. You may give notice to Clarity Health at any time via electronic mail to Clarity Health or by letter delivered by postage prepaid Canada Post lettermail or overnight courier to the following address:

    Clarity Health Inc.
    Attention: Customer Service
    PO Box 1017
    Lambton Shores, Ontario, Canada
    N0M 1T0

Operating Policies—Exhibit A

These operating policies govern your conduct on the Service. Your failure to comply with these policies may result in suspension or termination of your access to the Service and depending on the circumstances legal action against you.

  1. Requirements. You must be an individual at least 13 years of age to register and you must register on the Service under your own name. Please inform Clarity Health promptly if there is a change in the information you provided to Opco at the time of registration, including change of address or name.
  2. Account Access. If/when you initially register for the Service, you will be asked to select a User ID and Password. Clarity Health reserves the right to reject or change any User ID you select for any reason in its sole discretion.
  3. Online Communications. Your participation in online communications (chat rooms and discussion boards) is moderated. Clarity Health reserves the right to monitor content on the Service (including, without limitation, chat rooms and discussion boards) and to remove content which CHI, in its sole discretion, determines to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, offensive, objectionable or otherwise unacceptable, in violation of the intellectual property right of another or otherwise in violation of these Operating Policies for users of the Service (“Members”).
  4. Members may not post or transmit any message anonymously or under a false name. Members may not permit any other person (other than an agent acting on Member’s behalf and subject to Member’s supervision) to access the Service using Member’s account for any purpose.
  5. Members may not post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person. Members may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
  6. Members may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  7. Members may not interfere with other Member’s use of the Service, including, without limitation, disrupting the normal flow of dialogue in a chat room.
  8. Members may not post or transmit any file which contains viruses, worms, “Trojan horses”, or any other contaminating or destructive features.
  9. Members may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service’s intent to discourage Members from taking controversial positions or expressing vigorously what may be unpopular views; however, Clarity Health reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful or otherwise unacceptable.
  10. Members may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Members may not post or transmit any advertising, promotional materials or any other solicitation of other Members to use or purchase goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  11. Members may not: (a) post a single article to more than five (5) areas of the Service; (b) post to any area which is off-topic according to the owner of the area; or (c) send unsolicited mass e-mailings to other Members.
  12. Members may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any activity which is illegal or which infringes on or violates the rights of others.

Terms of Use

Welcome to the Clarity Health Inc. (“CHI”) website, www.clarityhealthjournal.com (the “Site”). In consideration of your use of the Site, you agree to CHI’s Privacy Policy and the following General Terms of Use:

1. CHI’s website member account

You will receive a password and account designation upon completing the site’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Clarity Health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Clarity Health cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your account(s) and password(s); (3) promptly inform Clarity Health if you wish to deactivate a password(s). You grant Clarity Health and all other persons or entities involved in the operation of the Clarity Health Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Clarity Health Site. Clarity Health cannot and does not assume any responsibility or liability for any information you submit to the Clarity Health Site, or for your or third parties’ use or misuse of information transmitted or received using the Clarity Health Site.

2. Use of the site

You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the “Materials”), are the sole responsibility of the person from which such Materials originated. This means that you, and not CHI, are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively “Upload”) via any portion of the Site. We do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will Clarity Health be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials Uploaded via the Site. You agree to not use the Site to: (i) Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, a Clarity Health representative, or misrepresent your affiliation with a person or entity; (iii) Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (iv) Upload any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any Material that contains software viruses, malware or the like. You understand and agree that Clarity Health does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site.

Clarity Health and their respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The material provided on CHI’s Site is designed for educational and entertainment purposes only, and should not be relied upon in making medical decisions.

The information on CHI’s Site is provided with the understanding that Clarity Health is not engaged in providing medical information, advice or recommendations. You should not rely on any information in text files, messages, or articles on this Site or linked to it to replace consultations with qualified health care professionals to meet your individual medical needs. Materials copyrighted by Clarity Health are for personal use only. Permission to otherwise reprint or electronically reproduce any document in part or in its entirety is expressly prohibited, unless prior written consent is obtained from the rightful owner or CHI.

The compilation of information on CHI’s Site, including the design and organization is copyrighted and may not be reprinted nor electronically reproduced. Information copyrighted or owned by any individual or entity other than Clarity Health is for personal use only.

3. Termination of use

You agree that CHI, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Materials within the Site, for any reason. Clarity Health may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision hereof may be effected without prior notice, and acknowledge and agree that Clarity Health may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Clarity Health shall not be liable to you or any third-party for any termination of your access to the Site.

4. Use of uploaded materials

Clarity Health does not claim ownership of Materials you Upload on the Site. Should you Upload Materials via the Site (either by offering suggestions via e-mail or participating in any interactive opportunities available on this Site from time to time), (other than your confidential medical records) such information shall be considered non-confidential and Clarity Health shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, or information contained in such Materials without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. In addition, you grant Clarity Health a world-wide, royalty free and non-exclusive license with respect to Materials to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Materials on the Site (i) to provide and promote the specific portion of the Site to which such Materials were submitted or made available, and (ii) for the purpose for which such Materials were submitted or made available. You agree to indemnify and hold CHI, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of Materials you Upload, your use of the Site, your connection to the Site, or your violation of any rights of another. Clarity Health retains the right to turn over any materials if legally requested to do so.

5. Forums area

Information shared in the Forum Area of this site is not reviewed by CHI. This site is provided for you to share personal experiences relating to different medical topics. Patients and their caretakers should consult with their primary medical provider regarding their health condition before undertaking any treatment(s) for any conditions referred to in the Forum Area. Clarity Health cannot be held liable for any recommendations made by users and visitors to our web site. If you are aware of a copyright violation, please contact forums@clarityhealthjournal.com.

POSTINGS TO THE FORUM AREA WILL OFTEN BE MADE BY NON-MEDICAL PROFESSIONALS. ANY RELIANCE ON INFORMATION IN SUCH POSTINGS IS AT THE USERS SOLE RISK. Clarity Health ADVISES AGAINST ANY SUCH RELIANCE.

Protecting the privacy of the very young is especially important. For that reason, children under age 13 are prohibited from entering the Clarity Health Forums Area. Clarity Health adheres to both Canadian and American Privacy legislation including the Personal Information Protection and Electronic Documents Act 2000 in Canada and the Children’s Online Privacy Protection Act 1998 (COPPA) in the United States of America. (For more information on the latter, please visit the Federal Trade Commission’s COPPA site.

By using the Forums area, you signify your assent to site Terms of Use.

Your privacy is important to us. To better protect your privacy we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used. By agreeing to this Terms of Use, you also have signified assent to CHI’s Privacy Policy.

If you participate in the Forums area within the Clarity Health Site, you cannot:

  • Participate if you are under the age of 13;
  • Advocate illegal activity or discuss illegal activities including without limitation the use of illegal drugs;
  • Post or distribute any vulgar, obscene, discourteous, unlawful, obscene, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, or indecent language or images or embarrassing to any other person or entity as determined by Clarity Health in its sole discretion;
  • Advertise, sell to or solicit others;
  • Make any bigoted, hateful, or racially offensive statements;
  • Use the Forum for commercial purposes of any kind;
  • Post or distribute any software or other materials that contain a virus, malware or other harmful component;
  • Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
  • Use a Forum for any purpose in violation of local, state, national, or international laws;
  • Post or distribute any material that infringes and/or violates any right of a third party or any law, including the intellectual property rights of others or the privacy or publicity rights of others;
  • Continue to post comments after receiving a warning;
  • Post chain letters or pyramid schemes;
  • Impersonate another person;
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Allow any other person or entity to use your identification;
  • Post the same note more than once or “spam”; or
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Forums Area of the Site, or which, in the judgment of CHI, exposes Clarity Health or any of its customers or suppliers to any liability or detriment of any type.

You are solely responsible for your own communications within the Forums Area, the onsequence(s) of posting these communications and your reliance on any communications found in the Forum Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. Do not attempt to self diagnose based on postings in the Forums Area or other content of the Site. When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in the Forums Area may not be reliable, and it is nota good idea to make any decisions based solely or largely on information you cannot confirm. Clarity Health cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Clarity Health reserves the right (but is not obligated) to do any or all of the following:

  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use;
  • Terminate a user’s access to the Forums Area and/or the Clarity Health Site upon any breach of these Terms of Use; or
  • Monitor or disclose any communication in the Forums Area.

Clarity Health reserves the right to remove postings from any Forum at any time and for any reason. Clarity Health reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, Clarity Health assumes no liability or responsibility to users of the Clarity Health Site or any other person or entity for performance or nonperformance of the aforementioned activities.

6. General practices

You acknowledge that Clarity Health may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that Uploaded Materials will be retained by the Site, the maximum disk space that will be allotted on CHI’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that Clarity Health reserves the right to remove accounts. You further acknowledge that Clarity Health reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.

7. Links to other sites

The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that Clarity Health has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Materials, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Clarity Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Materials or goods available on or through any such site or resource.

8. CHI’s proprietary rights

You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Materials contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by CHI, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. Clarity Health grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Clarity Health for use in accessing the Site.

9. Disclaimer of warranties and limitation of liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED “AS IS”. CHI, ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, CHI, ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.

IN NO EVENT SHALL CHI, ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Clarity Health IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Choice of law and Jurisdiction

Clarity Health Inc. is a corporation located in Canada. Access to the Site may not be legal by certain persons or in certain countries outside of the USA and Canada. If you access this site from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These General Terms of Use are governed by the internal substantive laws of Canada, without resort to its conflict of laws principles. If any provision of these General Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions. You expressly agree that exclusive jurisdiction for any dispute with CHI, or in any way relating to your use of the Site, resides in the courts of the Province of Ontario.

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