Terms & Conditions
TERMS AND CONDITIONS OF USE FOR WWW.LIFEOFDRMOM.COM CUSTOMERS, MEMBERS, USERS, SUBSCRIBERS, AND VISITORS.
“www.lifeofdrmom.com” or “LODM” or “Life of Dr. Mom” IS INTENDED AS GENERAL MEDICAL INFORMATION, AND IS NOT INTENDED AS MEDICAL ADVICE. THE INFORMATION PROVIDED ON THIS SITE IS SOLELY FOR INFORMATIONAL PURPOSES. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ISSUES PERTAINING TO MEDICAL HEALTH, AND BEFORE STARTING OR STOPPING ANY TREATMENT, OR ARE CONSIDERING ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT A PHYSICIAN OR HEALTH CARE PROVIDER FOR INDEPENDENT MEDICAL ADVICE.
BY ACCESSING OR USING THE SITE AND SERVICES (EXPLAINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18, AS THE SITE AND SERVICES ARE NOT INTENDED FOR CHILDREN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT SERVICES WILL NOT BE PROVIDED AND YOU WILL NOT ATTEMPT TO ACCESS OR USE THE SITE OR SERVICES.
The website www.lifeofdrmom.com, (the Site), is operated by Stephanie Liu and Suzanne Black (“Life of Dr. Mom” or “we”, or “us” or “our” or “LODM”), under a partnership. The Site and any applications, related websites, content, products, tools, features or services offered on the Site (the Services) are provided by “Life of Dr. Mom”, conditional on your acceptance of the terms and conditions of use set out below (referred to as the Terms and Conditions of Use or the Agreement).
If you are accepting these Terms and Conditions of Use on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these Terms and Conditions of Use on behalf of such corporation or entity and to bind such corporation or entity to these Terms and Conditions of Use.
“Life of Dr. Mom” reserves the right to modify or amend the Terms and Conditions of Use without notice at any time. Any changes will be posted at the Terms and Conditions of Use section of the Site [http://www.lifeofdrmom.com/terms-and-conditions], and any such changes will become binding and effective on the date the changes are posted. As such, it is important you read the Terms and Conditions of Use on a regular basis so you are aware of any such changes. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY SERVICES, SOFTWARE, TEMPLATES, PROGRAMS, QUESTIONNAIRES, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY THE “SERVICES”). IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES.
If you do not accept these terms and conditions, you must not access or use the Website. LODM 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.
1 “LODM” DOES NOT PROVIDE MEDICAL ADVICE
The information on the Website is for informational purposes only; it is not intended as an interactive forum and it is not medical advice nor is it intended to be a substitute therefore. You should not use any information contained on the Website as a substitute for consultation with a physician or other professional health care providers. You should not act or abstain from acting based upon information obtained from the Website without first consulting health care professionals.
LODM IS NOT INTENDED AS MEDICAL ADVICE, AND IS SOLELY FOR INFORMATIONAL PURPOSES. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ISSUES PERTAINING TO MEDICAL HEALTH, AND BEFORE STARTING OR STOPPING ANY TREATMENT, OR ARE CONSIDERING ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT A PHYSICIAN OR HEALTH CARE PROVIDER FOR INDEPENDENT MEDICAL ADVICE.
Since we do not provide and/or dispense medical advice, we will not be liable for any actions, omissions, and/or outcomes relating to reading, using, or acting upon the information provided on the Site. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
2 THE SITE AND SERVICES
You can use the Site and Services from a computer, lap top, or other personal mobile devices. The “Life of Dr. Mom” Site and Services allows visitors, subscribers, viewers, members, like yourself (referred to as “you”, “your”, or Visitor) to view information about medical health. While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that neither Dr. Stephanie Liu, Dr. Suzanne Black, “Life of Dr. Mom”, and/or the other experts on the Site, nor the Site itself, nor members of the Site are dispensing medical advice. Since Dr. Stephanie Liu, Dr. Suzanne Black, “LODM”, and/or the other experts on the Site, nor the Site itself, and members of the Site, ARE NOT DISPENSING MEDICAL ADVICE, THEREFORE WE WILL NOT BE LIABLE FOR ANY ACTIONS, OMISSIONS, AND/OR OUTCOMES RELATING TO READING, USING, OR ACTING UPON THE INFORMATION PROVIDED ON THE SITE.
2.1 Disclaimer of warranties
The Website and the Content is provided “AS IS” and “AS AVAILABLE” without representation, warranty, condition or covenant of any kind, expressed or implied. While LODM tries to provide information that is correct, accurate, complete, current, reliable, and timely, LODM makes no representations, warranties, conditions, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, condition, or covenant that (i) the Website or Content will always be correct, accurate, complete, current, reliable, or timely, (ii) that the operation of the Website will always be uninterrupted or error-free, (iii) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected, (iv) that the Website will be free from viruses or harmful components, and (v) that communications to or from the Website will be secure and/or not intercepted. The Website and Content DO NOT represent “the standard of care” for Canadian health care professionals – standards of medical care are specific to the facts and circumstances of each individual case, and may be subject to change as scientific knowledge and technology advance and as practice patterns evolve. To the maximum extent permitted by law, LODM disclaims all representations, warranties, conditions, and covenants, express or implied, or arising by course of action.
2.2 LIMITATIONS OF LIABILITY
While LODM endeavours to provide accurate and current information on its website, in no event shall LODM, its officers, Council members, employees, agents, licensors, suppliers 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 incurred in connection with your use, misuse or reliance upon the Website or 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 LODM knew of or ought to have known of the possibility of such damages. You acknowledge and agree that your access to and use of the Website and the Content is entirely at your own risk and liability.
4 LINKS TO OTHER WEBSITES AND SOCIAL MEDIA
You further acknowledge and agree that “Life of Dr. Mom” 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 content, goods or services available on or through any such third party websites or services. Your use of such third party sites and resources will not be governed by these terms.
Once, again the Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by LODM of any third-party website or the content thereof. LODM does not operate any third-party website and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. While LODM encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of LODM, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. LODM reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of LODM.
5 PROPRIETARY RIGHTS
The contents of the Site, including features, applications, reports generated from use of the Services, and any other information, data, analyses, graphics, images, audio and video clips, hyperlinks and references, including interactive features such as forums, support services, or conference calls (collectively, the Content), all other works and material on the Site, including without limitation, the code and software (together with the Content, the Materials) and all organization and presentation of the Materials which form a part of the Site are the exclusive property of “Life of Dr. Mom” or its licensors as applicable, and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on the Site will be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party. The trademarks, service marks, logos, slogans and Internet domain names on the Site are the exclusive property of “Life of Dr. Mom” or its licensors. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the owner of the property and a breach of the Terms and Conditions of Use.
6 MEMBER SERVICES
The Services, Site, Content and certain features of the Site are only available to Visitors who subscribe to the Services and Site (hereafter, Member Services). The Member Services are not intended to be used by any person under the age of eighteen (18) years old. By registering as a member for the Member Services, you agree as follows:
6.1 when you register for the Member Services you agree to provide accurate and complete information and other information necessary for registration. “Life of Dr. Mom” relies on this information to provide the Content and Member Services. “Life of Dr. Mom” also relies on this information to ensure its Services are compliant under law, and thus cannot be liable for any criminal or civil actions against you that may result from you providing false information;
6.2 once you have registered, you will have a login name and password which will grant permission to access the Member Services, and such access shall be subject to the Terms and Conditions of Use at all times. You may continue to access the Member Services for as long as the Site and Member Services are made available by “Life of Dr. Mom”, provided you continuously comply with the Terms and Conditions of Use. “Life of Dr. Mom” has the right, at any time, to place certain limits on your account;
6.3 once you have registered for the Member Services, you hereby consent to receive periodic email communications from “Life of Dr. Mom”, which may include new product and service offers and other Site information (Member Emails). You may choose to opt out of Member Emails; however, “Life of Dr. Mom” reserves the right to contact you via email at any time with respect to your “Life of Dr. Mom” account and your use of the Member Services;
6.4 you are responsible for all charges and fees associated with connecting to the Site and the Member Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, including fees and rates incurred for accessing the Site and Services from a wireless-enabled device, telephone and computer equipment (and “Life of Dr. Mom” does not guarantee that the Site or Services, or any portion thereof, will function on any particular hardware or devices), sales taxes and any other fees and charges necessary to access the Site and the Services; and
7 CANCELLATION AND TERMINATION
7.1 You acknowledge and agree that your only right with respect to any dissatisfaction with the Site, Member Services, or any modification or discontinuation of the foregoing, or any policies or practices by “Life of Dr. Mom” in providing this Site or Member Services, including without limitation any changes to the Membership Services, is to cancel or terminate your membership and registered “Life of Dr. Mom” account.
7.2 “Life of Dr. Mom” can disable or terminate your Member Services and “Life of Dr. Mom” Account, and take all further action against you it deems appropriate in its sole discretion if, in the opinion of “Life of Dr. Mom”:
(a) you have violated the terms of this Agreement;
(b) you have Misused the Site or Member portal, as further specified in Section 16 below, even if you are unaware of this Misuse; or
(c) a public authority requests we disable your “Life of Dr. Mom” account.
8 SECURITY AND PASSWORDS
You are responsible for maintaining the security and confidentiality of your “Life of Dr. Mom” account and password details, providing “Life of Dr. Mom” with current and accurate account information, and all activity associated with your “Life of Dr. Mom” account. If you access the Site or Member Services from a mobile device, you are responsible for maintaining the security of your mobile device. You agree not to share your username or password with others and to choose a password that cannot be easily guessed by others. “Life of Dr. Mom” is not responsible for any consequences that may result from you sharing your username or password. If “Life of Dr. Mom” has reason to believe the security of your “Life of Dr. Mom” account or Member portal have been compromised, “Life of Dr. Mom” has the right to:
8.1 ask you to change your password; and/or
8.2 disable access to your “Life of Dr. Mom” account or Member portal. If this should occur, you will be alerted by a Member Email.
You must inform “Life of Dr. Mom” immediately if you have reason to believe your password has become known to others, or if the security of your username or password has become compromised in any way.
EACH VISITOR ACKNOWLEDGES AND AGREES THAT (i) NEITHER “LIFE OF DR. MOM”, STEPHANIE LIU, SUZANNE BLACK, NOR ANY OF THEIR AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED ACTIONS MADE USING ANY USER’S ID OR PASSWORD; AND (ii) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR “Life of Dr. Mom” ACCOUNT AS APPLICABLE, OR YOUR EMAIL ADDRESS COULD CAUSE YOU TO INCUR LIABILITY TO BOTH “LIFE OF DR. MOM”, DR. STEPHANIE LIU, DR. SUZANNE BLACK, AND OTHER USERS.
9 VISITOR SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type to the Site public areas (such as Site message boards, and blogs, testimonials, and user reviews (referred to as Public Areas) that infringe or violate any rights of any party. By submitting communications or content to Public Areas, you agree that such submissions are non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to “Life of Dr. Mom” by email, (including through the email addresses listed on the Contact Us page) any communication or content that infringes or violates any rights of any party or this Agreement. If you submit any questions, business information, idea, concept, or feedback to “Life of Dr. Mom” by email, you agree such submission is non-confidential for all purposes.
10 VISITOR CONTENT
Visitors using the Member Services may provide us with content, including without limitation text, photos, images, audio, video, and any other materials (“Visitor Content”) to upload to the Site. You’re responsible for the content you publish on the Site and your Member portal, and you hereby acknowledge and agree to use your Visitor Content in accordance with the following rules:
(a) Only Use Content You’re Allowed To Use. You agree to only post or upload media including but not limited to photos, videos and audio that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. You represent that you own all rights to your Visitor Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Visitor Content via the Member Services. If we use your Visitor Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
(c) Visitor Content. “Life of Dr. Mom” does not review all of the Visitor Content made available via the Services or through Member portals. The Services may contain Visitor Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse Visitor Content provided therein, or that we believe such Visitor Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any Visitor Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from Visitor Content accessed via the Services.
(d) Protect Personal Information. You agree that you will not submit for publication on the Site or on your Member portal any media that contains personal information which may include the name, phone number, email address or web site URL of you, or of anyone else. Uploading media like images or videos of other people without their permission is strictly prohibited. By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
10.1 “Life of Dr. Mom” reserves the right to review all media, including Visitor Content, prior to submission to the Site or a Member portal and to remove any media for any reason, at any time, without prior notice, in our sole discretion.
11 MEMBER PORTALS
11.1 If you use your Member portal, you are solely responsible for your own communications, including your Visitor Content, the consequences of posting those communications, and your reliance on any communications found in the Member portal posted by you. “Life of Dr. Mom” is not responsible for the consequences of any communications in your Member portal. “Life of Dr. Mom” has no duty to pre-screen content posted on the Member portal by you or other users.
11.2 In consideration of access to use your Member portal, you agree that the following actions shall constitute a material breach of the Terms and Conditions of Use:
(a) using your Member portal for any purpose in violation of local, provincial, state, national, or international laws;
(b) posting material that infringes the intellectual property rights of others or the privacy or publicity rights of others;
(c) posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by “Life of Dr. Mom” in its sole discretion;
(d) posting chain letters or pyramid schemes;
(e) impersonating another person;
(f) distributing viruses or other harmful computer code;
(g) harvesting or otherwise collecting information about others, including email addresses, without their consent; or
(h) engaging in any other conduct that restricts or inhibits any other person from using or enjoying any other Member portal or the Site, or which, in the judgment of “Life of Dr. Mom”, exposes “Life of Dr. Mom” or any of its members, users, customers, licensors or suppliers to any liability or detriment of any type.
12.1 Registering Your Account.In order to access certain features of “LIFE OF DR. MOM” you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).
12.2 Registration Data.In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using “LIFE OF DR. MOM” under the laws of ALBERTA, CANADA, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of “LIFE OF DR. MOM” by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or “LIFE OF DR. MOM” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “LIFE OF DR. MOM” has the right to suspend or terminate your Account and refuse any and all current or future use of “LIFE OF DR. MOM” (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use “LIFE OF DR. MOM” if you have been previously removed by “LIFE OF DR. MOM”, or if you have been previously banned from “LIFE OF DR. MOM”
12.3 Necessary Equipment and Software.You must provide all equipment and software necessary to connect to “LIFE OF DR. MOM”, including but not limited to, a mobile device that is suitable to connect with and use “LIFE OF DR. MOM”, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing “LIFE OF DR. MOM”. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. “LIFE OF DR. MOM” will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing [email protected]”LIFE OF DR. MOM”.com.
13 MONITORING MEMBER PORTALS
13.1 “Life of Dr. Mom” reserves the right but is not obligated to do any or all of the following:
(a) record content posted on Member portals;
(b) investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
(c) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the Terms and Conditions of Use;
(d) terminate a user or member’s access to any or all Member portals and/or the Site upon any breach of the Terms and Conditions of Use;
(e) monitor, edit, or disclose any content in Member portals; and/or
(f) edit or delete any content posted on Member portals, regardless of whether such communication(s) violate the Terms and Conditions of Use.
“Life of Dr. Mom” shall have no liability or responsibility to users or members of Member portals, the Site and Services or any other person or entity for performance or non-performance of the aforementioned activities.
“LIFE OF DR. MOM” DOES NOT MONITOR, CONTROL, OR SCREEN ANY INFORMATION, MATERIALS, OR CONTENT PUBLISHED BY VISITORS ON MEMBER PORTALS FOR THE PURPOSE OF PROTECTING PERSONAL INFORMATION. ANY PERSONAL INFORMATION YOU SHARE IN MEMBER PORTALS ARE NOT PRIVATE COMMUNICATIONS AND MAY BE READ BY ANY OTHER PATRON WITHOUT YOUR KNOWLEDGE. “LIFE OF DR. MOM” HAS NO RESPONSIBILITY TO PROTECT ANY PERSONAL INFORMATION YOU SHARE ON YOUR MEMBER PORTAL AND “LIFE OF DR. MOM” SHALL not be liable, directly or indirectly, for any damage or loss suffered by you which is caused or alleged to be caused by or in connection with sharing personal information in Public Areas.
14 COOKIES AND WEB BEACONS
To enhance your experience with the Site and Services, “Life of Dr. Mom” reserves the right to use “cookies”. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell “Life of Dr. Mom” your email address or other personal information unless you choose to provide this information to “Life of Dr. Mom”. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the cookie.
“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. “Life of Dr. Mom” may use web beacons on the Site or Member portals from time to time for this and other purposes
15. USE OF THE SERVICES
15.1 Updates. You understand that “LIFE OF DR. MOM” are evolving. As a result, “LIFE OF DR. MOM” may require you to accept updates to “LIFE OF DR. MOM” that you have installed on your computer or mobile device. You acknowledge and agree that “LIFE OF DR. MOM” may update “WWW.LIFEOFDRMOM.COM” with or without notifying you. You may need to update third-party software from time to time in order to use “LIFE OF DR. MOM”.
15.2 Certain Restrictions.The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease, lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit “LIFE OF DR. MOM” or any portion of “LIFE OF DR. MOM”, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other “LIFE OF DR. MOM” (including images, text, page layout or form) of “LIFE OF DR. MOM”, or use the “LIFE OF DR. MOM” in any way that might confuse, misdirect, or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall not use any metatags or other “hidden text” using “LIFE OF DR. MOM”’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of “LIFE OF DR. MOM” except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to access, monitory, copy or use the “LIFE OF DR. MOM”, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods or services, or “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access “LIFE OF DR. MOM” in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of “LIFE OF DR. MOM” may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not take any action that imposes any unreasonable or disproportionately large load on the “LIFE OF DR. MOM”; (i) you shall not take any action in connection with your use of the “LIFE OF DR. MOM” which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; (j) you shall not otherwise use the “LIFE OF DR. MOM” for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to “LIFE OF DR. MOM” or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in “LIFE OF DR. MOM”. Any future release, update or other addition to “LIFE OF DR. MOM” shall be subject to the Terms. ”LIFE OF DR. MOM”, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of “LIFE OF DR. MOM” terminates the licenses granted by “LIFE OF DR. MOM” pursuant to the Terms.
15.3 Third-Party Materials.As a part of “LIFE OF DR. MOM”, you may have access to materials that are hosted by another party. You agree that it is impossible for “LIFE OF DR. MOM” to monitor such materials and that you access these materials at your own risk.
In consideration of the availability, and your use of, the Site, Member portals, and Member Services, you agree to comply with all applicable laws and the Terms and Conditions of Use when using the Site, Member portals, and Member Services. You also agree that neither you, nor any person influenced by you, or any person acting under your direction, will:
16.1 use the Site, Member portals, or Member Services in such a way that violates applicable laws, licence agreements, copyright, or other intellectual property rights;
16.2 post, transmit, link to, or otherwise distribute any materials, information, or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site, Member portals, or Member Services in a manner which is contrary to law or would serve to restrict or inhibit any other use from using or enjoying the Site, Member portals, or Member Services, or the Internet;
16.3 post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
16.4 use the Site, Member portals, or Member Services to commit illegal acts, “hack” the Site, Member portals, or modify or interfere with the Site, Member portals, or Member Services in any way.
Any of the above actions will constitute Misuse.
Any acts you commit, or cause to be committed, which, in the sole opinion of “Life of Dr. Mom”, intentionally expose the Site, Member portals, or Member Services to cyber threats such as viruses or hacking, increase the likelihood of a security breach, or cause or may cause any reputational harm to “Life of Dr. Mom” will also constitute Misuse. “Life of Dr. Mom” retains the right to take steps to identify and prevent Misuse of the Site, Member portals, or Member Services.
17 VISITOR LIABILITY
You will be liable for any damage resulting from the following:
17.1 your Misuse of the Site, Member Services, and Member portals, as applicable;
17.2 your use of the Site, Member Services, and Member portals when it was the basis for someone taking legal action against “Life of Dr. Mom” for violations of applicable laws, license agreements, copyright or other intellectual property rights; or
17.3 your use of the the Site, Member Services, or Member portals resulted in others being unable to use the Site, Member portals, or Member Services properly, resulting in legal action against “Life of Dr. Mom”.
- THIRD PARTY SERVICES
“LIFE OF DR. MOM” may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left “LIFE OF DR. MOM” and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of “LIFE OF DR. MOM”. ”LIFE OF DR. MOM” is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. ”LIFE OF DR. MOM” provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. For more information about how we use affiliate links, please review our Affiliate Compensation Disclosure, available at http://www.lifeofdrmom.com/affiliate-disclosure
- International Users.
“LIFE OF DR. MOM” can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that “LIFE OF DR. MOM” intends to announce such Services or Content in your country. ”LIFE OF DR. MOM” are controlled and offered by “LIFE OF DR. MOM” from its facilities in ALBERTA, CANADA. “LIFE OF DR. MOM” makes no representations that “LIFE OF DR. MOM” are appropriate or available for use in other locations. Those who access or use “LIFE OF DR. MOM” from other countries do so at their own volition and are responsible for compliance with local law.
20 “LIFE OF DR. MOM” LIMITATION OF LIABILITY
The use of the Site, Member Services and the Content is at your own risk.
When using the Member Services or Member portals information will be transmitted over a medium that may be beyond the control and jurisdiction of “Life of Dr. Mom”. Accordingly, “Life of Dr. Mom” assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or Member portals.
The Site, Member portals, Services and the Content are provided on an “as is” basis. “LIFE OF DR. MOM”, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, “LIFE OF DR. MOM”, its licensors, and its suppliers make no representations or warranties that the Site, MEMBER PORTALS, Services or Content will meet your needs, or about the accuracy, reliability, completeness, or timeliness of the Services and Content, software, text, graphics, links or communications provided on or through the use of the Site or MEMBER PORTALS. “LIFE OF DR. MOM” does not warrant that the Site, MEMBER PORTALS, Services or Content are accurate, reliable or correct, that the Site or MEMBER PORTALS will be available at any particular time or location, that any defects or errors will be corrected or that the Site, MEMBER PORTALS, Services or Content are free of viruses or other harmful components. Further, nothing on the Site constitutes advice, nor should the Site or any part thereof, be relied upon in making, or refraining from making, any decision, LEGAL or otherwise.
“Life of Dr. Mom” is not liable for any losses you may suffer which result from any viruses, “Trojan Horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, or use of the Site, Member portals, Services or Content. “Life of Dr. Mom” is not liable for any losses you may suffer which result from any attack from third parties on your “Life of Dr. Mom” account, including your Member portal, Account Data or the Site.
In the event that you have a medical issue, “LIFE OF DR. MOM” hereby disclaims and you hereby waive any recourse to or against “LIFE OF DR. MOM” and agree to release and indemnify “LIFE OF DR. MOM” and its directors, officers, employees, agents and third-party contractors and suppliers from and against any and all claims, demands, damages, losses, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or any breach of THE Terms and Conditions of Use.
You understand and agree that any material or data downloaded or otherwise obtained through the use of the Site, Member portal, or Member Services is done at your own discretion and risk and that “Life of Dr. Mom” will not be responsible for any damage or loss suffered by you as a result of the download or use of such material or data, including damage to your computer system or loss of data.
Under no circumstances will “LIFE OF DR. MOM”, its licensors, its suppliers or any third parties mentioned on the Site be liable to you for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, medical complications, lost profits, or damages resulting from lost data or business interruption) resulting from use of or inability to use the Site, MEMBER PORTALS, Services or Content, whether based on warranty, contract, tort or any other legal theory, and whether or not “LIFE OF DR. MOM”, its licensors, its suppliers, or any third parties mentioned on the Site has been informed in advance or ought reasonably to have known of the potential for such damages.
The entire liability of “LIFE OF DR. MOM”, and its suppliers, and your exclusive recourse, in the event of any claim(s) for which the “LIFE OF DR. MOM” parties or any of them may properly be held liable under this Agreement, regardless of the form of action or basis of liability (including statute, contract, tort, negligence, gross negligence, strict liability, breach of a fundamental term or fundamental breach), shall be limited in the aggregate (regardless of the number of claims), to the amounts paid by you to “LIFE OF DR. MOM”. No legal action or proceeding arising out of this Agreement, regardless of form or basis in law, may be brought by you against “LIFE OF DR. MOM” or any of the other “LIFE OF DR. MOM” parties more than twelve (12) months after the facts giving rise to the cause of action have occurred, regardless of whether those facts by that time are known to, or ought reasonably to have been discovered by you. The limitation of liability provisions of this Agreement reflect any informed voluntary allocation of the risks (known and unknown) that may exist in connection with the performance by “LIFE OF DR. MOM” of their respective obligations and responsibilities hereunder and such voluntary risk allocation represents a material part of the Agreement reached between you and “LIFE OF DR. MOM” in respect of the Site, Services and Content.
“Life of Dr. Mom” specifically disclaims any liability to any users in jurisdictions in which the uses of services such as those offered by “Life of Dr. Mom” are illegal. “Life of Dr. Mom” is not liable for any consequences resulting from the use of the Site, Services or Content by users in jurisdictions where such use is illegal.
21. Disclaimer of Warranties and Conditions.
21.1 As Is.YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF “LIFE OF DR. MOM” IS AT YOUR SOLE RISK, AND “LIFE OF DR. MOM” ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ”LIFE OF DR. MOM” PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
- “LIFE OF DR. MOM” PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) “LIFE OF DR. MOM” WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF “LIFE OF DR. MOM” WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF “LIFE OF DR. MOM” WILL BE ACCURATE OR RELIABLE.
- ANY CONTENT ACCESSED THROUGH “LIFE OF DR. MOM” IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS “LIFE OF DR. MOM”, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ”LIFE OF DR. MOM” MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM “LIFE OF DR. MOM” OR THROUGH “LIFE OF DR. MOM” WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
21.2 No Liability for Content. THE SERVICE CONTAINS OPINIONS AND VIEWS OF “LIFE OF DR. MOM” AND ITS USERS. “LIFE OF DR. MOM” DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY “LIFE OF DR. MOM” OR ANY OF ITS USERS THAT ARE MADE AVAILABLE THROUGH THE SERVICE
21.3 No Liability for Conduct of Third Parties or Products.YOU ACKNOWLEDGE AND AGREE THAT “LIFE OF DR. MOM” PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD “LIFE OF DR. MOM” PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES OR THE PRODUCTS THAT THEY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU
21.4 No Liability for Conduct of Other Users.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF “LIFE OF DR. MOM”. YOU UNDERSTAND THAT “LIFE OF DR. MOM” DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF “LIFE OF DR. MOM”.
21.5 Professional Advice Disclaimer.
- THE CONTENT AND INFORMATION LOCATED ON THE “LIFE OF DR. MOM” ARE DESIGNED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE “LIFE OF DR. MOM” AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
- IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE “LIFE OF DR. MOM”. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE “LIFE OF DR. MOM” IS SOLELY AT YOUR OWN RISK.
- NOTHING STATED OR POSTED ON THE “LIFE OF DR. MOM” OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
- THE “LIFE OF DR. MOM” ARE CONTINUALLY UNDER DEVELOPMENT AND “LIFE OF DR. MOM” MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You agree to defend, indemnify, and hold “Life of Dr. Mom”, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms and Conditions of Use, relating to or arising out of: (a) any content you may post; (b) your use of, or inability to use, “LIFE OF DR. MOM”; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. ”LIFE OF DR. MOM” reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with “LIFE OF DR. MOM” in asserting any available defenses. This provision does not require you to indemnify any of the “LIFE OF DR. MOM” Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to “LIFE OF DR. MOM”.
23 FORCE MAJEURE
“Life of Dr. Mom” will not be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.
You agree that sending an email to the email address associated with your “Life of Dr. Mom” account and Account Data will constitute effective notice. If you need to contact “Life of Dr. Mom” you can do so through the Site, and an email sent to the “Life of Dr. Mom” email address displayed on the Site will constitute effective notice. Notice will be effective once the email is sent, unless the party sending the email becomes aware that it was not deliverable.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST “Life of Dr. Mom”, its licensors, agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, “Life of Dr. Mom”) arising from or relating to the Terms and Conditions of Use, their interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre‑existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to the Terms and Conditions of Use), “Life of Dr. Mom” advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY according to the Alberta Arbitration Act R.S.A. 2000, c. A-43. The place of arbitration shall be Calgary, Alberta, Canada. The language of the arbitration shall be English. The arbitration will be limited solely to the dispute or controversy between the user and “Life of Dr. Mom”. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
25.2 Governing law and jurisdiction
The Website is operated by LODM from its offices within the province of Alberta, Canada. You agree that all matters relating to your access, or use of the Website and its Content shall be governed by the laws of the province of Alberta and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Alberta 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.
“Life of Dr. Mom” may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Services, Member portals, Content, or related features and databases. “Life of Dr. Mom” may also impose limits on certain Services and Content or restrict your access to parts or the entire Site or Member portals without notice or liability.
This Agreement shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. Subject to the Arbitration provision above, you agree to submit to the exclusive jurisdiction of the Courts of the Province of Alberta, and hereby waive the application of any conflict of laws or rules that would result in a different forum, including physical location, residence or domicile.
“Life of Dr. Mom” failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right.
The individual clauses of this Agreement are valid independent of each other and, should any part of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of this Agreement had been eliminated.
Questions or comments regarding the Website, arising from the media or of a general information nature may be directed by e-mail to [email protected]
This Agreement was written in English and, in any legal dispute, this English version shall be legally binding.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
I CERTIFY THAT I AM NOT A MINOR AND THAT I AM ABLE TO ENTER INTO THIS AGREEMENT; AND
I ACKNOWLEDGE HAVING READ THE TERMS AND CONDITIONS OF USE AND HAVING PRINTED A COPY OF THE TERMS AND CONDITIONS OF USE; AND
I UNDERSTAND THAT IN ORDER TO USE THIS SITE AND SERVICES, I MUST ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS OF USE.