Terms & Conditions
Legal Disclaimer
PLEASE READ THIS USAGE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEB SITE. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF THE PCI WEB SITE. BY USING THIS SITE OR THE SERVICES AVAILABLE IN THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE ANY OF THE SERVICES AVAILABLE THROUGH THIS SITE.
PRACTICECITY.COM Inc. ("PCI"), a corporation organized and existing under the laws of the Province of Alberta, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the PCI online service operated by PCI on the World Wide Web (“PCI Web site”) provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement.
You hereby acknowledge and agree as follows:
1. Information. The “Information” shall mean all areas and any subscription or any other software, service, data or information provided by PCI or obtained through the interactive online service operated by PCI at the PCI Web site. PCI has entered into contractual relationships with certain vendors, sponsors, and advertisers (the "Vendors"), whereby PCI may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. PCI may also allow other third-parties to submit and post information, advertisements, offers, and other information on the PCI website. PCI shall not be held liable, directly or indirectly, for any loss or damage caused by your use of any external site, information supplied by Vendors and/or other third parties, or products and services supplied by Vendors or other third parties. Statements made on the PCI.com Web site concerning the services of PCI do not constitute an offer, but are merely solicitations of an offer.
The PCI website may include facts, views, opinions and recommendations of individuals and organizations which are not affiliated with PCI. PCI may point or link to other sites located on services maintained by third parties for which PCI has no responsibility. PCI does not guarantee or warrant the availability, accuracy, completeness or timeliness of or otherwise endorse any of these views, opinions or recommendations. PCI provides such pointer and linking functions only as a service to you and makes no representation or warranty as to the accuracy or any other aspect of the information contained on such Internet servers or sites. The Internet is a global network of computers that you use at your own risk. Certain sites on the Internet carry controversial, sexually explicit or other inappropriate materials. Neither PCI nor its affiliates, information providers or content partners (all of whom for purposes of this agreement are included within the term “PCI”) control or censor the Internet.
The PCI website may permit you to order and receive products, information and services from businesses that are not owned or operated by PCI. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses and/or third party users. PCI does not endorse, warrant or guarantee such products, information or services and is not liable for the accuracy, completeness or usefulness of such information, opinion or advice or the quality or availability of such products or services. PCI will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products, services or information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the services provided by PCI.
2. Ownership. Unless otherwise expressly stated, all content on the PCI website including, without limitation, text, images, databases, and source code (the “Content”), are the exclusive property of PCI and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Content is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, adapt, distribute, commercially exploit, or publicly display the Content or any portion thereof in any manner whatsoever without PCI's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. PCI and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of PCI. All other product names and company logos mentioned herein are trademarks of their respective owners. Copying or adapting the HTML that PCI creates to generate its pages is strictly prohibited. The HTML code also is covered by PCI's copyright
3. Restrictions. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only the Content received or accessed through the PCI Web site pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the Content or use the Content in a searchable, machine-readable database or file. Unless separately and specifically authorized in writing by PCI, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the PCI Web site, any part thereof, or any of the Content received or accessed therefrom to or through any other person or entity. You agree to use the PCI Web site and Content for lawful purposes only. You agree not to post or transmit any information through the PCI Web site which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
4. Submissions. If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, the “Data”), the Data shall be deemed, and shall remain, the sole and absolute property of PCI. Except as set forth in our Privacy Policy, none of the Data shall be subject to any obligation of confidence on the part of PCI and PCI shall not be liable for any use or disclosure of any Data. Without limitation of the foregoing, PCI shall exclusively own all now known or hereafter existing rights to the Data of every kind and nature throughout the universe and shall be entitled to unrestricted use, not inconsistent with our Privacy Policy, of the Data for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Data. Unless otherwise provided, you hereby grant to PCI and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the PCI Web site or any e-mail sent by you to PCI (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed.
5. Linking. You may link to the PCI home page, but are not authorized to link to any other page on the PCI Web site without the prior express written consent of PCI. You may not use any of PCI's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by PCI; 2) cause confusion, mistake, or deception; 3) dilute PCI's trademarks or service marks; or 4) otherwise violate any applicable law.
6. Account Number Disclosure. If, at any time, you learn or suspect that your Username or Password have been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify PCI at ● and to confirm such notice in writing within seventy-two (72) hours. Upon receiving such notice, PCI will assign a new Username and/or Password to you within a reasonable period of time.
8. Delays in Services. Neither PCI nor any of its licensors, licensees and Vendors (including their respective officers, directors, managers, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, date data processing failures, telephone interconnect problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. PCI shall have no responsibility to provide access to the PCI Web site.
9. Termination. Termination or cancellation of this Agreement shall not effect any right or relief to which PCI may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to PCI. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons; 1) immediately by PCI for any unauthorized access or use by you, including, without limitation: (i) concurrent access of the PCI Web site with identical Usernames; (ii) permitting another person or entity to use your Username to access the PCI Web site; or (iii) any other access or use of the PCI Web site except as expressly provided in this Agreement; 3) immediately by PCI if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; 4) immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Content contained in, or accessed through, the PCI Web site; 5) immediately, if you transmit or receive using the PCI Web site (or cause the same) in violation of any section of this Agreement (PCI, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or 6) immediately, if you violate any of the other terms and conditions of this Agreement.
10. Monitoring. You acknowledge that PCI reserves the right to, and may from time to time, monitor any and all Content and other information, including, without limitation, any information provided by yourself or transmitted or received through the PCI Web site. PCI, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Content or other information which PCI deems inappropriate or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this computer system, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the PCI Web site will be prosecuted to the full extent of the law.
11. Equipment and Operation. You shall provide and maintain all telephone and other equipment necessary to access the PCI Web site, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall reimburse PCI for any such costs incurred by PCI due to your use of the PCI Web site. Such reimbursement shall be billed to you. You are responsible for operating your own equipment and for familiarity with any information submitted, transferred or otherwise provided by you in conjunction with your usage of the PCI Web site. PCI reserves the right to refuse assistance or to charge fees if you seek assistance from PCI with respect to any of the Content or other information submitted, transferred or otherwise provided by you in conjunction with your usage of the PCI Web site, or any other matters not directly relating to the operation of the PCI Web site.
12. Limited Warranty. You acknowledge that the Vendor Information and links provided through the PCI Web site are compiled from sources which are beyond the control of PCI. You acknowledge that inaccuracies in the Content may occur and PCI and its licensors and Vendors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE PCI WEB SITE AND THE PRODUCTS AND SERVICES AVAILABLE TO YOU BY OR THROUGH THE PCI WEB SITE OR THROUGH LINKS PROVIDED THEREIN ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. PCI, ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. FURTHER, PCI AND ITS LICENSORS AND VENDORS DO NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF THE USE OF, OR THE RESULTS OF THE USE OF, THE PCI WEB SITE, THE SERVICES OR PRODUCTS PROVIDED BY OR THROUGH THE PCI WEB SITE, OR THE KNOW-HOW OR OTHER INFORMATION CONTAINED IN THE PCI WEB SITE OR THAT THE PCI WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS. PCI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU (AND NOT PCI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Under this Agreement, you assume all risk arising from any and all errors and/or omissions in the PCI Web site, including the transmission or translation of Content and/or any information submitted, transmitted, or otherwise provided by you. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the PCI Web site, including any information submitted, transmitted, or otherwise provided by you, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under the Agreement.
13. Limitation of Liability. YOU AGREE THAT PCI AND ITS LICENSORS AND VENDORS (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT, INCLUDING BUT NOT LIMITED TO PCI’S NEGLIGENCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PCI WEB SITE OR THE PRODUCTS OR SERVICES ACCESSED THROUGH THE PCI WEB SITE. IN NO EVENT SHALL PCI’S TOTAL LIABILITY FOR ALL DAMAGE, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED $1.00●, WHICHEVER IS LESS, AS LIMITED DAMAGES AND NOT AS A PENALTY EVEN IF PCI OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 14 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. PCI shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Content or any information submitted, transmitted, or otherwise provided by yourself, or any other information contained within the PCI Web Site or the services or products provided through the PCI Web Site or for any delay or interruption in the transmission thereof to the site user, for any claim or loss arising therefrom or occasioned thereby. PCI shall not be liable for any damages for lost data, use, profits, savings or goodwill that results from use of or inability to use the PCI website, or services, products or software contained within or through the PCI Web site.
14. Indemnification. YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS PCI AND ITS LICENSORS AND VENDORS (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS BROUGHT BY ANY PERSONS ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE PCI WEB SITE, INCLUDING BUT NOT LIMITED TO, THE ACCESS TO AND USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH THE PCI WEB SITE.
15. Privacy. The PCI Web site only collects and utilizes personal information pursuant to our Privacy Policy. PCI will not transfer identifying information about you to any other party unless otherwise stated at the time of collection or as otherwise provided in our Privacy Policy. PCI may use aggregate data that does not contain personally identifying information for marketing and other similar purposes.
16. No Conflicting Terms. Excepting out any sales or advertising agreements as between you and PCI, if there is any conflict between this Agreement and any help text, manuals or other documents, this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, manager, employee, representative or agent of PCI.
17. Attorney's Fees. If PCI takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, PCI shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
18. Governing Law and Attornment. This Agreement shall be governed by the laws of the Province of Alberta. Any claims or causes of action arising from or relating to your access and use of the PCI Web site contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action shall only be brought in the courts of the Province of Alberta, and you agree to submit to the exclusive personal jurisdiction of such courts.
19. Jurisdictional Issues. PCI makes no representation that materials in this site are appropriate or available for use in any location other than the Province of Alberta. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce this Agreement.
21. ENTIRE AGREEMENT. THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY ACCESSING THE PCI WEB SITE OR REQUESTING SERVICES THROUGH THE PCI WEB SITE, AND THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND PCI.
