User Agreement / Acceptance of Terms
Treatment, Inc. provides its service presently located at www.treatment.com to you upon the terms and conditions set out below. By registering, You agree to abide by the terms of this Agreement.
The following Policies (showing their last updated date) provide additional terms and conditions related to specific Treatment services we offer:
Privacy (date) March 21st 2006
Service Levels (date) March 21st 2006
Fees and Payment (date) October 2nd, 2006
All such posted polices or rules are hereby incorporated by reference into this Agreement. When using particular Services, You agree that You are subject to all additional User Agreements and posted policies or rules which are applicable to or that are posted in conjunction with those Services.
We may amend this Agreement, implement policies and amend such policies at any time by posting the amended terms or policies on our site. Except as stated below, all changes are effective 30 days after they are initially posted on our site. Your continued use of the Service after the respective Policy or amendment comes into force constitutes Your agreement to the change. We will endeavour to give You notice by email of these proposed changes. Upcoming changes will be posted on this page, accessible from the “Terms of Use” or "User Agreement" link. In addition, You can set Your Preferences to receive email notification of all policy updates. You may review the current Agreement prior to using the service at any time at our User Agreement page.
This Agreement was last modified on October 2nd, 2006.
Description of Services
Treatment provides patients and physicians with a personal health record and communication software system that allows patients to store key healthcare data and let’s physicians communicate with patients. This system is HIPAA compliant and kept in a secure network environment. Treatment also provides an experimental medical search engine (TreatmentSearch) that helps patients look for the best treatment options on the net as well as other services including patient blogging software and practitioner podcasting lectures to help you with your treatment plans. Without limiting the generality of the foregoing, Treatment does not provide direct medical care, and use of these tools and services is not equivalent to a face-to-face or hands-on direct interaction between You and Your personal physician. You therefore agree to consult Your own personal physician before considering any possible implementation of a particular treatment plan or if you have questions about the medical value of one of our services.
You also understand and agree that the contents of the Service, such as text, graphics, images, and other material ("Content") contained on the Treatment.com site is for information purposes only, is not intended to be medical advice and should not be used to diagnose or directly treat a health problem or disease.
If You think You may have a medical emergency or any condition requiring immediate attention, call Your doctor or 911 immediately. By accepting the terms and conditions of this Agreement, You acknowledge and agree that Treatment is not providing medical advice and is not responsible directly or indirectly, for any loss, damage, injury, cost or expense incurred by You however caused.
Your Registration Obligations
In consideration of Your use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Treatment has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Treatment has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
Treatment is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Treatment Family Account. When You create a Treatment Family Account and add Your child to the account, You certify that You are at least 18 years old and that You are the legal guardian of the child/children listed on the Treatment Family Account. By adding a child to Your Treatment Family Account, You also give Your child permission to access all of the Services offered on the site. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is Your responsibility to determine whether the Service or Content is appropriate for Your child.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Treatment of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session.
Fees and Payment
You agree to pay the applicable fees for all Services used by You as provided for in the applicable Policies. You will be notified of any applicable fees prior to incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees. Treatment adds the Harmonized Services Tax for residents of Nova Scotia, New Brunswick, or Newfoundland and Labrador or the General Services Tax for residents of the other Provinces or Territories of Canada to the applicable fee for any of its Services that are used in Canada. Treatment reserves the right to change fees or billing methods at any time and Treatment will provide 30 days notice of such changes. If You do not agree, You may cancel the Services; however, You will not be entitled to receive a refund for the charges already incurred.
If Treatment provides any Service as a monthly recurring Subscription, then the Starting Date for the provision of the Service is the date of Service registration and payment unless stated otherwise in the specific Service agreement. If the Starting Date for the Subscription occurs between the 28th and the end of any month, then the date of the first monthly payment due for the Subscription is the 1st day of the month following the Starting date. The Subscription renews automatically each month on the same day of the month as that of the first payment unless Treatment or You cancel the Subscription. You renew the Subscription by paying the applicable monthly recurring fees for the Service.
If You cancel the Subscription, then the cancellation takes effect at the end of the current monthly period and You must make payment for this current period. If Treatment cancels the Subscription, then Treatment must provide Service until the end of the current monthly period.
User Submissions
By submitting communications or content to any part of this web site, You agree that such submissions are not confidential for all purposes. If You make any such submission, You automatically grant Treatment a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
User Conduct
If You use a blogging area or other part of the Service designed to allow You to communicate with third parties other than Private Consultants, You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found in the Public Areas.
In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately. If You think You may have a medical emergency, call Your doctor or 911 immediately
Treatment makes no claims that the Service and Content is appropriate for residents of different countries outside the US and Canada. Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of data exported from Canada or the US.
In consideration of being allowed to use the Public Areas, You agree that You will not do any of the following:
a) Use a Public Area for any purpose in violation of local, state, national, or international laws;
b) Post material that infringes on the intellectual property rights of any party or on the privacy or publicity rights of any party;
c) Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Treatment
(d) Disrupt the normal flow of dialogue in any of your postings, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
(e) Post chain letters or pyramid schemes;
(f) Impersonate another person;
(g) Distribute viruses or other harmful computer code;
(h) Harvest or otherwise collect information about others, including email addresses, without their consent;
(i) Allow any other person or entity to use Your identification for posting or viewing comments;
(j) Post the same note more than once or "spamming";
(k) Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the web site, or which, in the judgment of Treatment, exposes Treatment or any of its customers or suppliers to any liability or detriment of any type. Treatment reserves the right (but is not obligated) to do nothing or any or all of the following:
(1) 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 communications;
(2) Remove communication’s which are abusive, illegal, or disruptive, or that otherwise fail to conform to the terms of this Agreement;
(3) Terminate a user's access to any or all Public Areas and/or the Service upon any breach of this Agreement;
(4) Monitor, edit, or disclose any communication in the Public Areas; edit or delete any communications posted on the Service, regardless of whether such communications violate these standards.
Treatment reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Treatment has no liability or responsibility to Users or any other person or entity for performance or nonperformance of the aforementioned activities.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service may contain health or medical-related materials that You may find sexually explicit or otherwise offensive. Treatment, its licensors, and its suppliers have no control over and accept no responsibility for how this scientific and medical information is viewed in Your local community. You are solely responsible for compliance with the laws applicable to Your country, state, and local community of residence.
Privacy Policy
We do not sell or rent Your personal information to third parties for marketing purposes without Your consent. We view protection of users' privacy as a very important principle. We understand clearly that You and Your healthcare data are one of our most important assets. We store and process Your personal health record data on computers that are protected by physical as well as technological security devices.
We are committed to protecting the privacy of children. You should be aware that this web site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13 unless the child has been registered with us as contemplated by this Agreement.
Proprietary Rights of Treatment
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Treatment grants you a personal, non-transferable and non-exclusive right and license for the sole purpose of accessing the Service to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Treatment for use in accessing the Service.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, whether or not applied for. Except as expressly authorized by Treatment or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Treatment authorizes You to view or download a single copy of the Content solely for Your personal, noncommercial use if You include the following copyright notice: "Copyright (c) 2006, Treatment All rights reserved" and retain the other copyright and proprietary rights notices which are contained in the Content. Any special rules for the use of certain software and other items provided on the Service may be included elsewhere within the web site and are incorporated into this Agreement by reference.
The Service, Content, software and other intellectual property, including without limitation trade-marks, are proprietary to Treatment and remain so and User agrees not to use such property, including trade-marks, except as expressly authorized by this Agreement.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Treatment or its licensors. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of Treatment. All rights not expressly granted herein are reserved to Treatment and its licensors. If You violate any of this Agreement, Your permission to use the Content automatically terminates and You must immediately destroy any copies You have made of any portion of the Content.
Indemnity
IN CONSIDERATION FOR ACCESSING OR USING THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD TREATMENT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES ARISING FROM YOUR USE OF THIS SITE AND YOUR USE OF THE CONTENT AND INTERACTION WITH TREATMENT’S SERVICES. YOU HEREBY FURTHER WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Disclaimer of Warranty
THE SERVICE AND CONTENT CONTAINED ON TREATMENT IS PROVIDED "AS IS", WITH NO WRITTEN OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LINKS TO NON-TREATMENT SITES ARE PROVIDED FOR CONVENIENCE ONLY AND ARE ACCESSED AT YOUR OWN RISK. TREATMENT HAS NOT PRODUCED THE INFORMATION AVAILABLE ON THESE SITES AND, WHILE DEEMED RELIABLE, TREATMENT AND ITS AFFILIATES DO NOT GUARANTEE ITS TIMELINESS, SEQUENCE, ACCURACY, ADEQUACY OR COMPLETENESS AND MAKE NO WARRANTIES WITH RESPECT TO RESULTS TO BE OBTAINED FROM ITS USE. ANY OPINIONS OR RECOMMENDATIONS EXPRESSED THEREIN ARE SOLELY THOSE OF THE THIRD PARTY.
USER UNDERSTANDS AND AGREES THAT TREATMENT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES EVEN IF TREATMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE AND ACCESS, YOU AGREE THAT TREATMENT IS LIABLE ONLY TO THE EXTENT OF ACTUAL OUT OF POCKET DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $500 AND EXCLUDING PAIN AND SUFFERING. TREATMENT IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OR ARISING FROM YOUR ACCESS OF THE WEB SITE, CONTENT, OR PUBLIC AREA (AS DEFINED BELOW). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEB SITE, ANY CONTENT, OR THE PUBLIC AREAS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Notices
Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to this Agreement or other Policies or matters by displaying notices or links to notices to You generally on the Service. While Treatment may give You notices from time to time, it is not obligated to do so.
Termination
Treatment or User may terminate this Agreement for any reason on 30 days notice. Treatment may also terminate this Agreement without notice upon the breach of this Agreement by User. In its' sole discretion, Treatment may also suspend User's access to the Service without notice for a period not exceeding 30 days while it determines if a material default has occurred.
General
Treatment Inc.'s head office is based in British Columbia, in Canada. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
This agreement is governed by and shall be interpreted in accordance with the laws of British Columbia and Canada. You expressly agree that the exclusive jurisdiction for any dispute with Treatment relating in any way to the Service and Content or Private Consultants is the courts of competent jurisdiction in British Columbia.
Miscellaneous
Treatment’s obligations pursuant to this Agreement are subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute, inability to obtain necessary supplies and the like.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Agreement, which shall remain in full force and effect. No waiver of any of the terms of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. This Agreement constitutes the entire agreement between You and Treatment with respect to the use of the Service, and Content.
Copyright Agent
Treatment respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Treatment’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Treatment’s Copyright Agent for Notice of claims of copyright infringement on its site is Gary Dunn who can be reached as follows:
By Mail: 610-1665 West Broadway Avenue, Vancouver, BC, Canada, V6J 1X1
By E-mail: gary@dunn.com
Contact Treatment
We hope You find the Service helpful and convenient to use. Questions or comments regarding this website should be directed by E-mail to: info@treatment.com.
Please report any violations of this Agreement to our Customer Care group at (1884 Marine drive, West Vancouver, BC Canada V7V 1J6).
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