We Care About Your Safety and Privacy – We Want You to Understand the Terms of Use of Our Website and Email Communication

As with most physician or health related websites, this site is intended to provide general information and education, but should not be construed as specific medical advice, which can really only be provided after medical staff have met with you in person. We do not divulge personal or health information of individuals to third parties without consent, and we take steps to insure health information remains confidential. However. As most of us know, the security of email communication cannot be guaranteed. Therefore, when you access the information on our site, or communicate with us via our contact forms or email, you must be aware of, and agree to, the following terms and conditions, which may be revised by us from time to time.

1. Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.

2.The information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended as such. Specific questions regarding your or someone else’s health care should be addressed in person with a physician. 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, physical conditions, or their treatment.

3. A physician -Patient relationship requires that you have had a consultation with the doctor such that the specifics of your health have been discussed, and usually an examination is also necessary. Accessing the general information on our website, requesting an appointment online, or submitting an online inquiry for information does not establish a doctor-patient relationship.

4. While many products and brands may be mentioned and discussed on the site, the information provided is meant to be generally applicable to the broader class to which that brand or product belongs. Dr. Weinberg and the other staff at MCSC do not endorse any specific brand of products or services.

5. Our Website does allow you to communicate with us by email, and request appointments online. Your email inquires, and communications sent by Dr. Weinberg and our other staff members to you via email or via this Website, or via any of the social media platforms used by our clinic, including facebook, twitter, or google plus, 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. While our staff may respond to email or online inquires by providing educational information on health care topics, that is intended to be general, we are not able to address specific medical concerns or provide medical advice specific to a given individual’s medical situation through online or email communication. Specific medical advice should always be sought in person from either our doctors or medical staff , or with another appropriately qualified medical practitioner.

6. While we endeavor to update our website information regularly, and to provide information that is correct, accurate, current and timely, both human error, and computer or other technical errors can happen. We therefore make no representations, warranties, or covenants, express or implied, (i) that our website content will always be correct, accurate, current and timely (ii) that the operation of the Website will be uninterrupted or error-free; (iii) that defects or errors in the Website or the Content, be it human or computer errors, will always 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.

7. Limitation of liability: In no event shall Dr. Weinberg, our other physicians, 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.
We also expressly disclaim 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 Dr. Weinberg, our other 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 linkedto 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 we knew of or ought to have known of the possibility of such damages.

8. Indemnity: You agree to indemnify, defend, and hold harmless the Owner of this website, Dr. Weinberg, and our other physicians, 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.

9. 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. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.

10. Limited license: Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and non- exclusive license to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non- commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific licence shall govern.

11. Trademarks: The Toronto Plastic Surgery and Mississauga Cosmetic Surgery and laser Clinic Logos that appear on this site belong to the owner of our clinics. Other logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services, or business of the owner of the said trademark.

12. Linking: The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party Website or the content thereof. Unless expressly stated, the Owner does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding 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) any representation, warranty, or covenant 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 the Owner 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 offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of the Owner; 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, trademark, or other proprietary rights. The Owner 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 the Owner.

13. Modification to Website: The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof ) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.

14. Use prohibited where contrary to law: This website is intended for Canadian use only. 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. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

15. Governing law and jurisdiction: The Website is operated by the Owner from its offices within the province of Ontario, 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 or territory of Ontario 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 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 and that the applicable law shall be the law of the province of Ontario and of Canada.

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

17. Severability: The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability 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.

18. Termination: The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.

The provisions above constitute the Terms of Use Agreement (“Agreement”), which is a legal agreement between you and Dr. Michael Weinberg 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.

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