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Terms of Use Agreement

Terms & Conditions Acceptance

Please read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Dr. Anne Hussain, ND, the owner and operator (“Owner”) of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. The Owner may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Health & Medical Disclaimer

This website is not meant to address medical emergencies and also does not provide medical advice. If you have a medical emergency, please call your physician, another qualified healthcare provider, call 911, or go to the emergency department at a nearby hospital. Under no circumstances should any self-treatment be based on anything you have seen or read on the Website.

The Website provides general information, which is not medical advice; the information provided on the Website is for informational purposes only and not meant to diagnose, treat, or care, nor is it intended to be a substitute thereof. Always seek the advice of your doctor or other qualified and licensed healthcare provider in your jurisdiction concerning your health, health concerns, and any information presented on the Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, conditions, treatments, and nuances associated with health. The use of the Website does not construe a naturopathic doctor-patient relationship between you or anyone else with the Owner.

Personal Responsibility

The Owner does not wish to use this Website as a means of communication with the public regarding questions or issues of a medical nature. Email communications regarding such matters will not be responded to and will be discarded unread. Booking inquiries and fees can be viewed through the Owner’s booking site set out in the Website.

No Guarantees are Provided

The Owner is providing information on this Website and on social media platforms for informational purposes only. The use of the Website and Content does not constitute a naturopathic doctor-patient relationship. The Owner cannot predict outcomes and does not guarantee results or specific outcomes using the Website or Content.

Purchases & Subscriptions

In exchange for any products and services available for subscription or purchase through the Website or Dr. Anne Hussain, ND, you will be asked to supply personal information such as your name, email address, location, and other personal details. Your personal information will be used in accordance with the Owner’s and Website’s Privacy Policy.

Email Subscription

When you provide your name and email address to the Website in order to receive information, you are giving your consent for the Owner to email you and you will be added to the Owner’s email list. You are able to withdraw your consent to receive emails from the Owner at any time by clicking the “opt out” or “unsubscribe” button contained within the emails or by contacting the Owner at anne@annehussain.com.

Refunds

All sales through the Website and through Dr. Anne Hussain, ND are final sale unless stated otherwise. Any naturopathic services will be billed at the end of the visit and cannot be billed otherwise.

Any reversal of payment, payment cancellation, chargeback, or chargeback threat is considered a breach of these Terms of Use. In the event of a reversal of payment, payment cancellation, a chargeback, or a chargeback threat, the Owner reserves the right to report the incident to credit reporting agencies.

Disclaimer of warranties

The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the Owner endeavours to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

Indemnity

You agree to indemnify, defend, and hold harmless the Owner and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.

Copyright

The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Any use of the Content, including transmission, presentation, modification, republication, or other exploitation of the Website or its Content is prohibited without express prior consent of the Owner except as granted in the limited licence herein.

Software License & Ownership

All and any software located on or embedded in the Website is protected by copyright and may be protected by other rights. This software (“Software”) may include without limitation all computer code of all types including all files and/or images contained in or generated by such Software. All such software is owned by the Owner, its licensors, or party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to the terms and conditions of this Agreement and any additional conditions which may be imposed on your access and use of such software.

Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website.

Limitation of liability

In no event shall the Owner, their officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages. Page 2 The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

Limited License

You are granted a limited, non-transferable, and non-exclusive license to access, view, and use the Website for your personal non-commercial use. This access is subject to the terms and conditions of this Agreement and the Privacy Policy.

You are granted the right to download or print materials for personal, non-commercial use while agreeing to not change or delete any proprietary notices from materials downloaded from the website. You are not granted the right to plagiarize any Content or deem it your own.

No endorsements

The Owner does not endorse any specific brands or have any affiliations with specific brands of products, services, procedures, or other information advertised on the Website.

The Website contains links to third-party websites, which are provided as a convenience only and not as an endorsement by the Owner of any third-party Website or the content thereof.

Patient portal services

If you are an existing patient, the Website may allow you to communicate with the Owner electronically. Please note that e-mail communication may not be secure and may be accessible by third parties. Any use or disclosure of personal information provided by you shall be in accordance with our privacy policy. The Owner may issue to you a username (“Username”) and a password (“Password”) to permit you to access the patient portal portion of the Website. You are solely responsible for the confidentiality and use of your Username and Password.

If you are an existing patient, you should have instructions as to how to communicate with the Owner as your healthcare provider. The patient portal used by Dr. Anne Hussain, ND is compliant with Ontario and Canadian confidentiality and privacy laws that all healthcare providers in Ontario and Canada must abide by. You may read the Terms of Use Agreement and Privacy Policy of the patient portal platform laid out by the portal provider.

Use Prohibited Where Contrary to Law

Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. Compliance with all applicable laws or regulations are your responsibility and any contravention of this provision is entirely at your own risk.

Governing Law & Jurisdiction

The Website is operated by the Owner from their offices in Ontario, Canada. Dr. Anne Hussain, ND is licensed by The College of Naturopaths of Ontario in Ontario, Canada only. You agree that all matters relating to your access and use of the Website and its Content are governed by the laws of Ontario and Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom.

Submissions

The Website may provide features which allow you to post messages, participate in chat groups, interact with the Owner and other users, and collect your information. These pieces of information (“Submissions”) are not under the control of the Owner and the Owner has no obligation to monitor the Submission. However, the Owner reserves the right to disclose any necessary information to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any or all parts of a Submission in the Owner’s sole discretion at all times. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof. If your Submission was to receive Content created by the Owner by providing your personal information including email address, you are agreeing to receive other communication from the Owner. You may “opt out” or “unsubscribe” from these communications using the links provided in each email communication.

Rules of Conduct Regarding Submissions

When using any of the features of the Website which allow you to make Submissions, it is a condition of your use of the Website that you do not:

(i) Restrict or inhibit any other user from using the Website, interfere or attempt to interfere with the proper workings of the Website, or imposes an unreasonable or disproportionately large load on the Website infrastructure;

(ii) Post or transmit any obscene, defamatory, unlawful, criminal, or abusive information of any kind, or make any submission or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;

(iii)Post or transmit any Submission which contains a virus or other harmful component;

(iv) Post or transmit “junk mail”, unsolicited mass mailing, “spam”, or chain letters; and

(v) Post or transmit any Submission that violates or infringes upon the rights of others including an invasion of privacy, publicity rights, and intellectual property rights.

Grant of License Regarding Submissions

By posting or uploading Submissions to the Website, you grant the Owner a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of the Owner; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that the Owner is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.

If your Submission was to receive Content created by the Owner by providing your personal information including email address, you are agreeing to receive other email communication from the Owner.

Security

Communication over the Internet is generally not secure. The security or confidentiality of any communication to or from the Website cannot be guaranteed by the Owner.

Modification to Website

The Owner reserves the right to modify or discontinue, temporarily or permanently, any time and from time to time any or all parts of the Website with or without notice to you. The Owner shall not have any liability to you or any third party for any modifications, suspension, or discontinuance of any or all parts of the Website.

Notice

Questions, comments, or feedback pertaining to the Website should be directed to anne@annehussain.com.

Termination

The Owner may cancel or terminate your right to use any or all parts of the Website at any time without notice in its sole discretion. In the event of termination, you will no longer be authorized to access any or all parts of the Website affected by such termination. The Owner shall not be liable to any party for such cancellation or termination.

Waiver

Any consent to or waiver of a breach of this Agreement which you have committed, whether express or implied by the Owner, shall not constitute a consent to or waiver of any other, different or subsequent breach.

Severability

The unenforceability or invalidity of any provision of this Agreement or any covenant contained herein shall not affect the enforceability or validity of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Entire Agreement

This concludes the entire Agreement between you and the Owner in regards to your access and use of the Website.

Last Updated: March 9, 2021

 

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