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1. ACCEPTANCE OF TERMS
TRUMAN HEALTH”, “us”, “we”, “our” maintains the TRUMAN HEALTH website located at www.trumanhealth.ca (the “TRUMAN HEALTH Platform” or the “Platform”). Your access and use of the TRUMAN HEALTH Platform is subject to these Terms of Use (“TOU”). These TOU form an agreement between TRUMAN HEALTH and you. The term “you” refers to the person or entity visiting the TRUMAN HEALTH Platform, browsing or otherwise using the TRUMAN HEALTH Platform, or receiving any TRUMAN HEALTH Platform Healthcare Services, as hereinafter defined. A copy of these TOU may be downloaded, saved and printed for your reference. BY ACCESSING AND USING THE TRUMAN HEALTH PLATFORM, YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TOU. Your acceptance of the foregoing is made without limitation, restriction or qualification. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, PLEASE DO NOT ACCESS OR USE THE TRUMAN HEALTH PLATFORM. DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health centre. Under no circumstances should you attempt self-treatment based on any Content (as defined below).
2. MODIFICATIONS TO THE TOU
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, TRUMAN HEALTH RESERVES THE RIGHT TO CHANGE THESE TOU AT ANY TIME WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING THEREOF. YOUR CONTINUED ACCESS TO OR USE OF THE TRUMAN HEALTH PLATFORM AFTER ANY CHANGES TO THESE TOU INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO to determine whether any changes have been made by checking the date of the “Last Update” at the top of this document as the then-current version of the Tou shall apply to that visit. TRUMAN HEALTH RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES AND AVAILABILITY OF PLATFORM SERVICES (AS DEFINED HEREIN)) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE “CONTENT”) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE. The TOU is current as of the “last revised” date which appears at the top of this page. You can find the most recent version of the TOU here
3. AVAILABILITY AND USE OF TRUMAN HEALTH PLATFORM
THE TRUMAN HEALTH PLATFORM IS ONLY AVAILABLE TO YOU IF YOU ARE A TEMPORARY OR PERMANENT RESIDENT OF THE IN CANADA only. CLICK HERE TO SEE THE PROVINCES WHERE WE CURRENTLY OPERATE. AS A CONDITION OF YOUR USE OF THE TRUMAN HEALTH PLATFORM, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE PLATFORM IN ACCORDANCE WITH THESE TOU; (4) ALL INFORMATION SUPPLIED BY YOU ON THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TOU. The TRUMAN HEALTH Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various services offered by TRUMAN HEALTH through the TRUMAN HEALTH Platform; (2) if and as permitted by TRUMAN HEALTH and these TOU, enable you to use the TRUMAN HEALTH Platform and receive any services offered to you through the TRUMAN HEALTH Platform including the Healthcare Services (as defined below); (3) if applicable, facilitate any payments from you in respect of your use of the TRUMAN HEALTH Platform or the receipt of any services through the TRUMAN HEALTH Platform; and (4) if and as permitted by TRUMAN HEALTH and these TOU, provide feedback and otherwise communicate with TRUMAN HEALTH in connection with any of the foregoing ((1) through (4) collectively, in these Terms of Use defined as “Platform Services”). TRUMAN HEALTH retains the right, at its sole discretion, to deny access to anyone to the TRUMAN HEALTH Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these TOU. You will cease and desist from any such access or use immediately upon request by TRUMAN HEALTH.
4. GRANT OF LICENSE
If you are a temporary or permanent resident in Canada in a Province we currently operate in, and subject to these TOU, TRUMAN HEALTH grants you a personal, limited, revocable, non-exclusive, non-assignable and non-transferable license to access the TRUMAN HEALTH Platform for your own use in accordance with these TOU. Use of the TRUMAN HEALTH Platform beyond the scope of the authorized access granted to you by TRUMAN HEALTH immediately terminates this license. Subject to these TOU and the terms of TRUMAN HEALTH’s privacy policy, you grant to TRUMAN HEALTH a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (1) you load, transmit to or enter into the TRUMAN HEALTH Platform, or (2) TRUMAN HEALTH or the TRUMAN HEALTH Platform collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (the “User Content”) including for the purpose of: (A) providing the TRUMAN HEALTH Platform Services, (B) complying with applicable law, and (C) TRUMAN HEALTH’s reasonable audit and data retention policies.
5. SECURE LOG-IN
Although certain parts of the TRUMAN HEALTH Platform are accessible to the public, in order to access the Healthcare Services (as set out below) users must be issued log-in credentials (e.g., log-in identification and password) to access the secure, non-public areas of the TRUMAN HEALTH Platform (“Registered Users”). In order to do so, a Registered User must register for and maintain an active personal account (“User Account”). In order to qualify for a User Account, you must be at least 18 years of age. Once granted a User Account, a Registered User is only permitted to request Healthcare Services for themselves. Registered Users may include temporary or permanent residents in Canada and a Province we currently operate in, drug manufacturers and suppliers, healthcare professionals and healthcare decision makers. If you have been issued log-in credentials by TRUMAN HEALTH, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You must not share your password with any other person. You agree to (a) immediately notify TRUMAN HEALTH of any unauthorized use of your password or account or any other breach of the security of the TRUMAN HEALTH Platform of which you reasonably suspect or become aware, and (b) ensure that you exit from your account at the end of each session. TRUMAN HEALTH cannot and will not be liable for any loss or damage arising from your failure to comply with this section, and you will indemnify TRUMAN HEALTH in respect of any losses suffered by TRUMAN HEALTH or claims made against TRUMAN HEALTH that are attributable to any loss or damage arising from your failure to comply with this section. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by TRUMAN HEALTH in writing, you may only possess one User Account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. You may not collect or harvest personal data of any other user of the TRUMAN HEALTH Platform, including user account names or login credentials. TRUMAN HEALTH explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. Note that an Authorized Healthcare Professional (as defined below) reserves the right to assess whether a person has the capacity to provide consent to his or her Healthcare Services on a case-by-case basis.
6. SERVICES
Authorized physicians and authorized non-physician providers such as nurse practitioners and pharmacists (collectively, “Authorized Healthcare Professionals”) may provide healthcare services, including telemedicine services (“Healthcare Services”) through the TRUMAN HEALTH Platform. You understand that telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: Electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; Interactions between a patient and healthcare provider via audio, video, and/or data communications; and use of output data from medical devices, sound, and video files. The content of this TRUMAN HEALTH Platform does not, and is not intended to, provide, replace or substitute the advice of your physician or other qualified healthcare professional, nor does it provide instruction on the appropriate use of any product produced or supplied by TRUMAN HEALTH. Information on this TRUMAN HEALTH Platform regarding any product(s) approved for marketing is qualified in its entirety by reference to the Health Canada-approved full prescribing information for the specific product(s). There are restrictions on the Healthcare Services that can be provided through the TRUMAN HEALTH Platform. YOU MUST NOT USE THE TRUMAN HEALTH PLATFORM FOR EMERGENCY NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM. By becoming a Registered User, you consent to Authorized Healthcare Professionals providing Healthcare Services through the TRUMAN HEALTH Platform. The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk. In addition to the limitations set out above, Authorized Healthcare Professionals are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse. YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN OR AN AUTHORIZED NON-PHYSICIAN PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION. You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the TRUMAN HEALTH Platform. Authorized Healthcare Professionals have the discretion to refuse or discontinue the provision of Healthcare Services to any Registered User at any time, including for actual or potential misuse of the Healthcare Services by a Registered User.
7. DEALINGS WITH OTHER REGISTERED USERS
If there is a dispute between Registered Users of this site, or between Registered Users and any third party, you understand and agree that TRUMAN HEALTH is under no obligation to become involved. In the event that you have a dispute with one or more other Registered Users, you hereby release TRUMAN HEALTH and its representatives (and their respective officers, employees, agents and successors in rights) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the TRUMAN HEALTH Platform.
8. PRIVACY AND INFORMATION DISCLOSURE
Our privacy disclosure contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these TOU. Your use of the TRUMAN HEALTH Platform signifies acknowledgement of and agreement to our Privacy Statement.
9. CONDUCT
You agree that a Registered User is not permitted to have more than one Registered User profiles on the TRUMAN HEALTH Platform. You further agree that you will not, in connection with you as a Registered User do anything in connection with the TRUMAN HEALTH Platform that:is unlawful;
is harmful, threatening, abusive, harassing, defamatory, pornographic, profane or otherwise inappropriate;
includes personal or identifying information about another person without that person’s explicit consent;
impersonates any person or entity, including, but not limited to, a TRUMAN HEALTH employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person, or that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
10. LIMITATIONS ON SERVICE
You agree that TRUMAN HEALTH has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the TRUMAN HEALTH Platform. You acknowledge TRUMAN HEALTH reserves the right at any time to modify or discontinue the TRUMAN HEALTH Platform (or any part thereof) with or without notice, but it has no duty to do so. TRUMAN HEALTH may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Platform, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, this Platform.
11. TERM AND TERMINATION OF SERVICE
These TOU will commence on the day you first use the TRUMAN HEALTH Platform and will continue into force until terminated by either party as described below (the “Term”). Either party may terminate these TOU as follows: (1) TRUMAN HEALTH may terminate these TOU at any time and with immediate effect by giving notice to you, at TRUMAN HEALTH’s discretion, by email (at your current email address on file with TRUMAN HEALTH) or through the TRUMAN HEALTH Platform; (2) you may terminate these TOU at any time and with immediate effect by requesting (by email or through any then-available interfaces on the TRUMAN HEALTH Platform) that your User Account by deleted or deactivated and ceasing use of the TRUMAN HEALTH Platform. Further, you agree that TRUMAN HEALTH shall not be liable to you or any third-party for any termination of your access to the TRUMAN HEALTH Platform. Further, you agree not to attempt to use the TRUMAN HEALTH Platform after said termination. The disclaimers, limitations on liability and indemnity clauses shall survive termination of the TOU, as shall any other provision which by its nature ought to survive termination.
12. OWNERSHIP AND PROPRIETARY RIGHTS
All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the TRUMAN HEALTH Platform, are owned or licensed by TRUMAN HEALTH and are protected by copyright, trade-mark and other intellectual property laws. TRUMAN HEALTH expressly reserves all rights in the TRUMAN HEALTH Platform, and all materials provided by TRUMAN HEALTH in connection with these TOU that are not specifically granted to you. You acknowledge that all right, title and interest in the TRUMAN HEALTH Platform, all materials provided by TRUMAN HEALTH in connection with these TOU (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with TRUMAN HEALTH (or third party suppliers, if applicable), and that the TRUMAN HEALTH Platform, and all materials provided by TRUMAN HEALTH hereunder are licensed and not “sold” to you. OTHER THAN FOR YOUR PERSONAL, NON-COMMERCIAL, AND CONFIDENTIAL USE, YOU FURTHER AGREE NOT TO copy (WHETHER BY PRINTING OR SAVING TO A DESKTOP), distribute, download, modify, reuse, repost, or otherwise exploit CONTENT FROM THE TRUMAN HEALTH PLATFORM WITHOUT THE EXPRESS WRITTEN CONSENT OF TRUMAN HEALTH, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE TRUMAN HEALTH PLATFORM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the TRUMAN HEALTH Platform. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the TRUMAN HEALTH Platform.
The TRUMAN HEALTH company name and logo are trademarks of TRUMAN HEALTH, or as applicable, its licensors or joint venture partners, unless otherwise noted. Copying, use, or redistribution of these trademarks without the written permission of TRUMAN HEALTH is prohibited. Except as permitted herein, any other use or misuse of the TRUMAN HEALTH trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications law, and other laws, statutes, and/or regulations.
13. NO UNLAWFUL OR PROHIBITED USE
You will not, without TRUMAN HEALTH’s prior written permission, use the TRUMAN HEALTH Platform and the Content for purposes other than the Permitted Use. You may not use this TRUMAN HEALTH Platform in any matter that is illegal or that infringes upon the legal rights of any person. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) 'frame', 'mirror' or otherwise incorporate the TRUMAN HEALTH Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the TRUMAN HEALTH Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the TRUMAN HEALTH Platform or bypass or circumvent other measures employed to prevent or limit access to the TRUMAN HEALTH Platform; (4) take any action that imposes, or may impose, in TRUMAN HEALTH’s discretion, an unreasonable or disproportionately large load on the TRUMAN HEALTH Platform; (5) deep-link to any portion of the TRUMAN HEALTH Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the TRUMAN HEALTH Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the TRUMAN HEALTH Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the TRUMAN HEALTH Platform or the Content; (8) use the TRUMAN HEALTH Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by TRUMAN HEALTH and only in the exact manner specified and enabled by TRUMAN HEALTH; (9) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the TRUMAN HEALTH Platform or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the TRUMAN HEALTH Platform or the Content; (11) create derivative works based on the TRUMAN HEALTH Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the TRUMAN HEALTH Platform or the Content; (12) use the TRUMAN HEALTH Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights; or (13) upload to or transmit through the TRUMAN HEALTH Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by TRUMAN HEALTH in its sole discretion.
14. THIRD PARTY WEBSITES
The TRUMAN HEALTH Platform may provide links to third party websites. Those links and references are provided for your convenience only. TRUMAN HEALTH assumes no responsibility for any such other websites, or for the information or material posted thereon, nor does it assume any responsibility for products or services offered thereon. TRUMAN HEALTH does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under TRUMAN HEALTH's control, and if you choose to access any such web site, you do so entirely at your own risk.
15. INTERRUPTIONS, ERRORS, AND VIRUSES
TRUMAN HEALTH does not represent or warrant that the information accessed through the TRUMAN HEALTH Platform will be uninterrupted or free of errors, defects, viruses or other harmful components and that no damage may be caused to your computer system as a result thereof, or that any such problems which are discovered will be corrected immediately. The downloading and viewing of Content is done at your own risk. TRUMAN HEALTH cannot and does not guarantee or warrant that the TRUMAN HEALTH Platform or the Content are compatible with your computer system or that the TRUMAN HEALTH Platform or the Content, or any links from the TRUMAN HEALTH Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the TRUMAN HEALTH Platform.
16. COMMUNICATIONS NOT CONFIDENTIAL OR SECURE
TRUMAN HEALTH does not guarantee the confidentiality of any communications made by you through the TRUMAN HEALTH Platform. Although TRUMAN HEALTH generally adheres to the accepted industry practices in securing the transmission of data to, from and through the TRUMAN HEALTH Platform, you understand, agree and acknowledge that TRUMAN HEALTH cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the TRUMAN HEALTH Platform.
17. DISCLAIMER AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE TRUMAN HEALTH PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE TRUMAN HEALTH PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. TRUMAN HEALTH, including its directors, officers, employees, representatives, agents, and affiliates, DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE TRUMAN HEALTH PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. TRUMAN HEALTH, including its directors, officers, employees, representatives, agents, and affiliates, DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE TRUMAN HEALTH PLATFORM OR THE CONTENT. IN ADDITION, TRUMAN HEALTH EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE TRUMAN HEALTH PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUMAN HEALTH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE TRUMAN HEALTH PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE TRUMAN HEALTH PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL TRUMAN HEALTH BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT TRUMAN HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE TRUMAN HEALTH PLATFORM OR THE CONTENT. You acknowledge and agree that TRUMAN HEALTH does not provide medical advice, diagnosis and is strictly a telehealth platform. Truman Health connects patients with authorized Healthcare Practitioners, including nurse practitioners, physicians and other Authorized Healthcare Practitioners in TRUMAN HEALTH’s network. You acknowledges and agree that the Healthcare Practitioners using the TRUMAN HEALTH Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment and medication decisions, and other professional healthcare services performed, and that all diagnoses, treatments, prescriptions and other professional healthcare services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Practitioners, in their sole discretion, as they deem appropriate. You expressly recognize that your sole and exclusive remedy is to cease using and accessing this TRUMAN HEALTH Platform. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF TRUMAN HEALTH IN CONNECTION WITH OR UNDER THESE TOU OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE TRUMAN HEALTH PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE TRUMAN HEALTH PLATFORM OR THE CONTENT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU FOR A ONE YEAR SUBSCRIPTION. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TOU WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
18. INDEMNITY
You will defend, indemnify and hold harmless TRUMAN HEALTH and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
your breach of any of your warranties, representations or obligations under these TOU
your violation of any applicable law or the rights of a third party (including intellectual property rights); or
your use of the TRUMAN HEALTH Platform or the Content.
In particular, you agree to indemnify and hold harmless TRUMAN HEALTH, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content.
19. GEOGRAPHIC APPLICATION OF THE TRUMAN HEALTH PLATFORM
Not all of the products and services described on the TRUMAN HEALTH Platform are available in all jurisdictions. Furthermore, nothing on the TRUMAN HEALTH Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the TRUMAN HEALTH Platform, or the Healthcare Services available through the TRUMAN HEALTH Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
20. DISCLOSURES
All Authorized Healthcare Practitioners on the TRUMAN HEALTH Platform are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice. You can report a complaint relating to Healthcare Services provided by a Healthcare Practitioner on the Platform by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.
21. GOVERNING LAW AND JURISDICTION
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and TRUMAN HEALTH (as well as its agents, delegates, employees, and any Authorized Healthcare Practitioners or PHAs), including without limitation any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these TOU, shall be governed by and construed in accordance with the laws of the province of Ontario or Ontario and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Ontario shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and TRUMAN HEALTH. These laws apply to your access to or use of the TRUMAN HEALTH Platform or the Content, notwithstanding your domicile, residency or physical location. The TRUMAN HEALTH Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. If any provision of the present TOU shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. These TOU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded, and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these TOU and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.
22. ENTIRE AGREEMENT, WAIVER AND SEVERABILITY
These TOU constitute the entire agreement between TRUMAN HEALTH and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TRUMAN HEALTH with respect to the TRUMAN HEALTH Platform. A printed version of these TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these TOU. The word 'including' or 'includes' means 'including (or includes) without limitation'. TRUMAN HEALTH’s failure to insist upon or enforce strict performance of any provision of these TOU will not be construed as a waiver of any provisions or right. If any of the provisions contained in these TOU are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein. You agree that it is the express wish of the parties that these TOU and all related documents be drawn up in English. Vous êtes d'accord que c’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
23. RESERVATION OF RIGHTS
TRUMAN HEALTH reserves all of its rights and recourses which are not expressly set out herein. Nothing contained in these TOU shall be interpreted as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of TRUMAN HEALTH or any other person or entity.
You agree to have the Terms of Use and any related information made available to you, and to otherwise have communications between you and TRUMAN HEALTH occur electronically.
How to Contact Us: TRUMAN HEALTH Email: hello@trumanhealth.ca
