FINDING FOCUS LTD.
TERMS AND CONDITIONS
These terms and conditions (these “Terms”) constitute a legally binding agreement between you and Finding Focus Ltd. (“Finding Focus” “we”, “us” or “our”) governing your use of the services available on our Finding Focus digital platforms, including applications, software, communication services and the website at https://www.findfocusnow.com/ (“Site”), which includes but its not limited to, offering you the opportunity to book appointments and consult with Healthcare Providers (as defined below), and/or receive Healthcare Services and Informational Services (as defined below) (collectively with the Site, the “Service(s)”).
If you are using or purchasing the Services on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to the Terms for that organization and representing and warranting that you have the authority to bind that organization to the Terms. In such a case, “you”, “your” and “User” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and Finding Focus.
If you are: (a) accessing, using, receiving or purchasing the Services on behalf of an individual who (i) is physically or mentally incapable of accessing, using, receiving or purchasing the Services, or (ii) otherwise requires, requests or authorizes you to access, use, receive or purchase the Services on their behalf; or (b) assisting an individual to access, use, receive or purchase the Services who (i) is mentally or physically incapable of accessing, using, receiving or purchasing the Services on their own, or (ii) otherwise requires, requests or authorizes your assistance inaccessing, using, receiving or purchasing the Services, you are agreeing to the Terms for that individual and representing and warranting that you have the authority to bind that User to the Terms. In such a case, “you”, “your” and “User” will also refer to that individual and yourself individually. For greater clarity, both you and such individual are legally bound by these Terms which form an agreement between you and Finding Focus.
By entering into these Terms and/or accessing or using the Service, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. The Service
(a) Service Offerings. Finding Focus is a virtual Attention Deficit Hyperactivity Disorder (“ADHD”) clinic dedicated to providing specialized care and support including diagnostic assessments, treatment planning, medication management, ADHD coaching, and the Service includes facilitating the connection between individual users who are registered independently or as a Registered Dependant for a User Account (as defined below) (each a “User” and collectively, “Users”) and healthcare providers who may practice with clinics (each a “Healthcare Provider” and collectively, the “Healthcare Providers”). Through the Service, as a User, you may be able to, without limitation, (i) book initial and/or follow-up virtual appointment(s) with a Healthcare Provider that may depend on our assessment of the general information gathered by us through an initial assessment or questionnaire, which does not qualify as Medical Advice; (ii) payment of applicable fees or charges through our Site and any Third-Party Sites (as defined below) for scheduling the virtual appointment(s) and other services, or products (including applicable delivery, pick-up, and/or applicable mail fees for User prescriptions provided through Finding Focus and/or any Third-Party Sites, and accessing Results (as defined below) that the Healthcare Provider has uploaded to the Site for you to view or retrieve, including but not limited to any other reports, consent forms, and patient intake charts); (iii) facilitate sending your User information and Healthcare Provider reports on the Site to your family physician / doctor (with applicable fees); (iv) request referrals to consult with our associated partners and experts listed on the Site, including the Cognitive Behaviour Therapy (CBT) therapists; and (v) engage with us via our in-site messaging channels for feedback and other inquiries.
(b) Use of Artificial Intelligence. Our Services may include the use of artificial intelligence (“AI”), such as machine learning algorithms. The use of AI is for appropriate and reasonable purposes only, including but not limited to, (i) dissemination and generation of output insights based on the User Content and any related personal and/or healthcare information including Users’ responses to or results of any reports, consent forms, and patient intake charts to provide the Services; (ii) for supporting the Healthcare Professional’s decision making and professional analysis; and (iii) use or train AI predictive algorithms (“AI Technologies”). You agree and consent to us that the foregoing AI Technologies and affiliate machine-learning or other technologies may process, collect, use, store, and/or delete User Content and any related personal and/or healthcare information, to develop and improve the Services. You agree and consent that AI Technologies may not be objective, and are entirely dependent on the quality, accuracy, completeness, and reliability of the information, which is provided as part of the Services. We are not liable for any decisions, interpretations, treatments or otherwise for any determination which a Healthcare Professional makes based on the outputs of our AI Technologies. While we deploy efforts to avoid any bias and discrimination, predictive algorithms are trained on datasets, which may contain known or unknown biases.
(c) Audio Recordings. To enhance the accuracy of the Services and streamline User information, the Healthcare Providers may use the Site’s feature to manually record all audio correspondences exchanged during any appointments and consultations with the User through the Site. All recordings will be encrypted and auto transcribed using Third-Party Licenses. The de-identified transcriptions are processed with the use of AI Technologies to populate the User’s information collected on the Site to assist the Healthcare Provider for provision of Medical Advice (as defined in Section 5(b)) and Results (as defined in Section 5(f)). Only Finding Focus and our authorized personnel will have the right to access, process, or alter the audio recordings. By consenting to these Terms, the User (on behalf of itself and any other person attending the consultation with the Healthcare Provider) agrees and consents that Finding Focus can collect, use, store, process the audio recordings and any related information, to the extent permitted under the applicable laws. The User acknowledges that such audio recordings and transcriptions are tools to assist in care provision and do not replace professional medical advice. Finding Focus is not liable for any decisions, interpretations, treatments, or for any determinations made otherwise by a Healthcare Professional based on these audio recordings or transcriptions. The User may revoke or withdraw their consent for such audio recordings by emailing us with this request at support@findfocusnow.com with the understanding that this may impact the quality of the Services.
(d) Disclaimers.
(i) Finding Focus only facilitates your ability to access and use the Service. Finding Focus will not be a party to any agreement or contract, verbal or otherwise, between a User and a Healthcare Provider. As such, you acknowledge that we merely facilitate and do not directly offer or provide any services or products (medical, healthcare related or otherwise) offered, provided, or sold by a Healthcare Provider through the Service or otherwise. All such services or products are offered, provided, or sold by the Healthcare Provider who are independent of and are not employed by us or any of our affiliates.
(ii) Finding Focus is not responsible, nor does it assume any liability, for the services offered, provided, or sold by; any communication with; or actions of, any Healthcare Provider, whether on or through the Site or otherwise. Each Healthcare Provider is solely responsible for all services or products (medical, healthcare related or otherwise) offered, provided or sold to you; all communications with you; and all of their actions through the Service and otherwise, including, without limitation, compliance with standards of care and applicable law; record keeping (including, without limitation, creation of records or notes, storage of record or notes and/or uploading them to the Service for you to view, download or share with others); collection, use, retention, dissemination and disclosure of your personal health information shared with them; and other professional obligations they may have. You assume all risks associated with dealing, and you are solely responsible for all dealings, with any Healthcare Provider with whom you connect with through the Service. YOU MUST NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
2. Eligibility to Use the Service
(a) Eligibility. The Service may be used by persons who can form legally binding contracts under the applicable law, subject to conditions outlined in subsections (i) to (iii) below:
(i) Adult Users: User who have reached the age of majority in their province or territory of residence may use the Service without any restrictions.
(ii) Users Aged 16: Users who are the age of 16 or above may use the Service without restrictions, subject to Section 2(b) below if the applicable age of majority is above 16 in their province or territory of residence.
(iii) Non-Eligibility: The Service is not available to (a) persons who are under the age of 16 or under the applicable age of majority in their province or territory of residence (if above 16) except as Registered Dependents in accordance with Section 2(b) below; and/or (b) Users who have had their User Account temporarily or permanently deactivated.
By accessing or using the Service, all Users confirm that they meet the eligibility requirements outlined above. We reserve the right to verify User eligibility and consent requirements at any time. If an ineligible User has created an account, we will take actions to deactivate and/or terminate the account along with deletion of any related User data, subject to applicable laws.
(b) Registered Dependent. Parent(s) (as defined below) may register for a User Account on behalf of his/her/their registered dependent under the age of majority in your province or territory of residence (“Registered Dependents”, each a “Registered Dependent”) in accordance with the terms and conditions of these Terms. Any reference to “you”, “your” and “User” will also refer to Parent(s) and his/her/their Registered Dependent, if and as applicable. For greater clarity, both you, individually as a Parent(s) and on behalf of your Registered Dependent, and your Registered Dependent, are legally bound by these Terms which form an agreement between you and Finding Focus.
(c) Residency Requirements. The types of Services available to you through the Site will depend and vary based on your province or territory of residence and the location in which you are located at the time such Services are requested or ordered (“Residency Requirements”). Healthcare Services and Result sales and processing will only be made available to Users who are a temporary or permanent resident of British Columbia, Alberta, Ontario, Nova Scotia, Manitoba, Newfoundland and Labrador, Prince Edward Island, New Brunswick, Quebec, Saskatchewan, Nunavut or Yukon, whether or not physically in such province or territory at the time that the User requests the Healthcare Services or purchases a Result. By requesting, receiving, using, or purchasing any of the Services that have Residency Requirements, you represent and warrant that you, or any Registered Dependent, as applicable, shall meet such Residency Requirements at the time that the applicable Services are purchased or provided.
(d) Connection. In addition, to access or use the Service, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to access to use the Service. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.
3. Parent(s) and Registered Dependents
(a) Parent(s). “Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of his/her/their Registered Dependent, for which no judgment, order or decree has been made by any Court awarding the custody of his/her/their Registered Dependent to any other person or in any other manner affecting the status of the right of the Parent(s) as the legal parent(s) and/or guardian(s) of his/her/their Registered Dependent and that the Registered Dependent has not been emancipated. If only one Parent(s) (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of his/her/their Registered Dependent and on behalf of the other Parent, insofar as all matters related to the Service and these Terms are concerned.
(b) Registered Dependent. Parent(s) shall not permit his/her/their Registered Dependent to access or use the Service, unless otherwise permitted by these Terms and applicable law. Only upon the request of a Healthcare Provider shall a Registered Dependent communicate with a Healthcare Provider through the Service, provided that the Parent(s) consents to and supervises such communication. The Parent(s) (i) agrees to be bound by these Terms in respect of his/her/their Registered Dependent’s communication with a Healthcare Provider and the Parent(s) access to or use of the Service on behalf of the Registered Dependent; and (iii) understands that Finding Focus will rely on these Terms in providing the Service to the Parent(s) and his/her/their Registered Dependent. For greater certainty, the only permitted use of the Service by a Registered Dependent is communication with a Healthcare Provider through the Service (as requested by the Healthcare Provider), provided the Parent(s) consents to, facilities and supervises such communication. The Parent(s) agree to indemnify and hold Finding Focus and its Released Parties (as defined below) harmless from any and all Claims (as defined below) which may arise from the breach by the Parent(s) and/or his/her/their Registered Dependent of any of the provisions of these Terms.
4. Privacy Policy and Additional Policies
(a) Privacy Policy. We may collect some of your personally identifiable, personal, or personal health information to create your User Account (as defined below) and thereafter in your use of the Service, including in the use or training of the AI Technologies. All personal, personally identifiable, and personal health information and data collected, used, or disclosed while providing the Service is governed by our privacy policy located at https://www.findfocusnow.com/privacy-policy (“Privacy Policy”). By using the Service, you agree to our use, collection and disclosure of personal, personal health or personally identifiable information and data in accordance with the Privacy Policy.
(b) Additional Policies. In addition, by using the Service, you agree to be bound by any additional policies, guidelines, rules, obligations, agreements, or documents communicated through the Service, including, without limitation, as applicable, any policies referred to in these Terms. For example, we may post additional policies, guidelines, rules, obligations, or agreements that specifically relate to the use of the Service. You agree to comply with such policies, guidelines, rules, obligations, or agreements even if they are not identified in these Terms.
5. Healthcare Providers, Healthcare and Informational Services, Results
(i) Types of Healthcare Providers. The Healthcare Providers associated with the Services shall either be: (i) independent, regulated physicians, who are registered to practice medicine in a province or territory of Canada (each a “Physician” and collectively, “Physicians”); or (ii) independent, regulated non-physician providers (e.g. psychotherapists, naturopathic doctors or nurses), who are registered to provide healthcare in a province or territory of Canada (each a “Non-Physician” and collectively, “Non-Physicians”).
(ii) Independent Contractors. Healthcare Providers are independent contractors who are not employed by Finding Focus or any of Finding Focus’s affiliates.
(iii) Qualifications and Obligations. To the best of our knowledge, the Healthcare Providers are adequately qualified or licensed to provide Medical Advice (as defined in subsection (b) below) to all Users including but not limited to Users who are 16 years of age and above. The Healthcare Providers may employ different treatment approaches tailored to the needs of the User, which may include but is not limited to additional sessions with the User, assessments, inputs or attendance from the User’s family, teachers, friends, or others. Healthcare Providers are independently responsible for maintaining the confidentiality of all User information obtained through the provision of the Services, and warrant adherence with any access controls and/or retention policies to the extent applicable, in accordance with applicable laws.
(iv) User Responsibility. To the extent permitted by law, the Healthcare Provider you communicate with may or may not be located in the province or territory in which you reside. Healthcare Provider shall communicate with Users using interactive text, video, and/or audio technology as provided through the Site. In order to speak with a Healthcare Provider, you must book an initial appointment through the Site. The Users and/or Healthcare Provider may book follow-up appointments to, for example, review Results. No in-person contact at a physical location shall be supported, encouraged, allowed or arranged by Finding Focus or through the Services. You assume all risks associated with dealing, and you are solely responsible for all dealings, with any Healthcare Provider with whom you meet, communicate with or come in contact with through the Services. You may or may not be able to request or select the Healthcare Provider you communicate with and the Healthcare provider you communicate with may vary during your use and receipt of the Services.
(b) Healthcare Services and Informational Services. Healthcare Provider shall only provide the services through the Services: (i) health care services (“Healthcare Services”) and/or (ii) general information about certain diseases and conditions and how they are treated in Canada (i.e. the information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment) (“Informational Services”). If you require medical advice or counseling outside of the Healthcare Services or Informational Services, you should seek such advice from your physician or other registered healthcare professional. Users are responsible for providing each Healthcare Provider it communicates with the information that the Healthcare Provider advises is required in order to provide the Healthcare Services or Informational Services. Notwithstanding the foregoing, the Site may not permit the transmission of information in a way that allows the Healthcare Provider to provide Healthcare Services or Informational Services (e.g., poor resolution of images).Healthcare Provider have the discretion to refuse or discontinue the provision of Healthcare Services or Informational Services to any User at any time for any reason, including, without limitation, if the Healthcare Provider determines (A) that the Healthcare Services or Informational Services are not appropriate for all of the User’s treatment needs; or (B) actual or potential misuse of such services by a User (e.g. where the information being requested through the Informational Services is not general information about certain diseases and conditions and how they are treated in Canada, but is actually on the nature of a diagnosis or treatment). Finding Focus is not responsible, nor does it assume any liability, for the Healthcare Services (including prescriptions distributed) or Informational Services provided by Healthcare Provider through or on the Site, or any other actions of or communications or services received from or contributed by any Healthcare Provider through or on the Site (collectively, “Medical Advice”). All Medical Advice provided through the Services is provided by Healthcare Provider, independent of Finding Focus. Healthcare Providers are solely responsible for all Medical Advice they provide to you, including, without limitation, compliance with standards of care, record keeping and other professional obligations. We are not a party to a User’s relationship with a Healthcare Provider.
(c) Prescriptions. Through the Services, Healthcare Provider may prescribe certain medications in their sole discretion. Once prescribed, the Healthcare Provider shall issue a prescription through the Services, which shall then be auto-faxed via the Site and/or Third-Party Sites (as defined below) to the pharmacy fax provided by the User. Finding Focus does not review any prescriptions issued by a Healthcare Provider and only facilitates the transmission of the prescription to the User’s pharmacy through the Services. Notwithstanding the foregoing the Healthcare Providers may prescribe medication for treating ADHD in their own discretion (including, without limitation, controlled substances or other types of controlled medications, and other drugs), and Finding Focus is not liable for any such prescriptions. You agree that any prescriptions you acquire from a Healthcare Provider through the Services 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 regarding any prescribed medication, and to contact a physician (outside of the Services) or pharmacist if you have any questions regarding the prescription. Do not report any reactions, side effects or adverse events to prescribed medications through the Services. 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.
(d) Limitations and Restrictions. YOU MUST NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM. If you are experiencing the following symptoms, please do not request Healthcare Services or other services from a Healthcare Provider through the Services: chest pains, difficulty breathing, fever in Registered Dependents 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.
(e) Primary Healthcare Provider. The Services do not replace consultations with qualified medical or other relevant healthcare professionals. The Services are not a substitute for appropriate and timely contact with your primary healthcare provider. Any interaction with a Healthcare Provider through the Site is not intended to take the place of appointments with your regular primary healthcare provider. If you do not have an established relationship with a primary healthcare provider, you are encouraged to develop one. Never change or stop any course of treatment without first consulting your primary healthcare provider. You should seek emergency help or follow-up care when recommended by a Healthcare Provider or other healthcare provider. We strongly advise that you advise your primary healthcare provider about any services you receive, including the issues that caused you to request them.
(f) Results. Once an appointment with a Healthcare Provider is purchased and completed, the Healthcare Provider may upload their diagnosis letter, reports, including any prescriptions, on the Site and/or the User Account page (“Results”). Finding Focus or a Healthcare Provider may take steps to adapt the presentation of the Results to make them more understandable to Users. You hereby irrevocably consent to Finding Focus and/or a Healthcare Provider accessing, reviewing, processing, adapting and/or interpreting the Results, prior to such Results being communicated to you through the Services, solely for the purpose of making the Results more understandable to you. Users should only rely on the original Results created by and received from the Site. Any Healthcare Provider and/or Finding Focus adaptation of the Results should not be relied upon or used for any decision making related to the Results. We cannot and do not warrant or guarantee that the Results will be accurate. Repeat or further consultation may be required. The Results are not Medical Advice and do not constitute a definitive diagnosis or result and should not be used to treat disease. Once received, the Results you receive should be discussed with and verified by a Healthcare Provider you contact through the Services or another physician or registered healthcare professional. If you do not discuss your test results with a Healthcare Provider or another physician or registered healthcare professional, it is possible that you might misunderstand the implications of the Results. If Results are determined by a Healthcare Provider or another physician or registered healthcare professional to be normal, but your symptoms remain, you should be examined by a physician or other registered healthcare professional.
6. User Accounts
In order to use the Service, you must register for an account through the Site (“User Account”). Once you have a User Account, you can access limited Services that may include communicating with us through the provided in-Site messaging channels. To access all Services, you are required to submit additional information, including but not limited to User’s personal health information, and book an initial consultancy appointment with a Healthcare Provider (“Verifying Information”). Upon submission of such Verifying Information, you authorize Finding Focus to request, receive, use, store, or share (including, without limitation, with Healthcare Providers to whom you are connected through the Service) such information as Finding Focus, in its sole discretion, deems necessary to provide you with the Service. Where permitted, Finding Focus has the right, but not the obligation, to undertake screenings, checks, and processes designed to check your Verifying Information. When and upon registering for a User Account and while using the Service, you agree to (i) provide accurate, current and complete information as may be prompted by any registration forms on the Site or otherwise on or through the Site (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to or through the Service or otherwise to Finding Focus, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information or material you provide, including the use of the Registration Data and any other information or material by AI Technologies, to or through the Service. You may not impersonate any other person while using the Service. Unless otherwise authorized by designated User of the User Account and Finding Focus, you may not allow other persons to use your User Account and you agree that you are the sole authorized user of your User Account. Finding Focus will not be liable for any loss or damage from your failure to comply with these obligations. You shall at all times be responsible and liable for all actions conducted through and related to your User Account.
7. Fees, Refunds and Cancellation.
(a) Fees. You can register for a User Account without the payment of any fees. There are fees associated based on the one-time, monthly, or installment subscription package opted for by the User that may include fees applicable for (i) virtual appointment(s) with the Healthcare Provider; (ii) ordering, mailing, or forwarding of Results, reports, prescriptions (including administrative charges, if any); and/or (ii) the receipt of certain Healthcare Services and/or Informational Services. Upon your submission of a purchase order, request for or receipt of Services, you agree to pay the applicable fees. Except in applicable circumstances and as may be charged by Finding Focus, for example, if the Healthcare Provider are nurses and/or Non-Physicians, you shall not be charged for any of the fees associated with the Healthcare Services or Informational Services, or any potion thereof, that are covered by a provincial or territorial healthcare plan, provided you are eligible to receive such coverage. Fees and other charges for the purchase or receipt of Services are described on the Site or at the point of purchase. If you are an employer or third-party entity paying for an employee’s or individual’s use or purchase of the Services, please contact us at support@findfocusnow.com. You are responsible for all taxes applicable to the fees and charges for the Services in any applicable jurisdiction.
(b) Fee Change. We reserve the right to introduce or change a fee regarding your access to or use of the Service from time to time. If a fee is changed or a new fee is introduced, it will take effect no earlier than thirty (30) days from the date it is posted on the Service, your User Account or as otherwise communicated to you in writing by Finding Focus. If you do not accept the changed or new fee, you must terminate your User Account prior to the end of the thirty (30) day period. After such period, if your User Account is not terminated, your continued use of the Service indicates your agreement with the new fees after the effective date of the change. Any change to fees will not be applicable to the billing period in which the change occurs.
(c) Refunds or Credits.
(i) Booked Appointments with Healthcare Providers. Once the User purchases any Services including booking an appointment with a Healthcare Provider, we do not provide for any rescheduling of appointments, refunds, returns, or cancellations. If the User misses their appointment with the Healthcare Provider, a penalty fee of $50 (inclusive of applicable taxes) will be charged to the User. A Healthcare Provider shall be entitled to reschedule or cancel a booked appointment at any time prior to the scheduled appointment.However, if a Healthcare Provider does not attend a booked appointment or is more than fifteen (15) minutes late, please contact us at support@findfocusnow.com and we shall make commercially reasonable efforts to reschedule your appointment for that same day or another date and time that is convenient for you, or we may, in our sole discretion, refund you for any fees you may have paid for such appointment. For greater clarity, we do not provide any refunds or credits for any booked appointments that a Healthcare Provider has completed with a User.
(ii) Results and Prescriptions. Once uploaded on the Site, and if shipped or picked-up, all Results including electronic or physical copies of any reports and prescriptions, and associated fees and charges are final and non-refundable. However, if written notice is received by Finding Focus at support@findfocusnow.com, prior to such items being shipped or picked-up, that you would like to cancel your order, you may, in Finding Focus’s sole discretion, be entitled to a full refund of the fees and charges with the purchase. Further, if it has been ten (10) days or less since you placed your order, and your order has been shipped, but not received, you may submit a written request to support@findfocusnow.com (which must include your User ID and information) to cancel your order, and Finding Focus may in sole discretion, issue you a full refund.
(iii) We may, in our sole discretion, on a case-by-case basis, issue a refund or credit for any fees you pay us to access or use the Service when we believe it is warranted. For greater certainty, if you pay for any services or products offered, provided, or sold by a Healthcare Provider through the Service, we are not responsible for any refunds or credits associated therewith and all such inquiries should be directed to the Healthcare Provider that offered, provided and/or sold you with the particular services or product.
(a) Payment Processing. Users may be required to provide a credit card, other payment and/or banking information when registering for a User Account. If and when you add a credit card, payment method and/or banking information to a User Account, you represent and warrant that you are authorized to use such designated payment method, and you authorize us to provide this information to our third-party payment processor. You acknowledge and agree that our third-party payment processor’s terms will govern your agreement and interactions with them and that we have no liability arising from your use of or access to such payment processor. You agree to review our third-party payment processor’s terms and policies. Finding Focus reserves the right to switch payment processing vendors in its discretion. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled until you are able to resolve the payment issue. For greater clarity, if the User does not rectify any payment issues or meet payment obligations under the applicable User subscription model, Finding Focus reserves the right to terminate Services and refer the User to applicable collection agencies.
8. Ownership, Copyright and Trademarks
(a) User Content. Content (as defined below) provided by Users is called “User Content”. User Content is the property of its respective owners (i.e. the User that inputted it). User Content on the Service may include posted information, images, feedback, Registration Data, Verifying Information and other data uploaded by a User to the Site. Finding Focus’ only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 10 of these Terms.
(b) Ownership, Copyright and Trademarks. Other than User Content, the Service (including the Content and the permitted licenses under the AI Technologies and any underlying technologies thereon) and any other software used to create and operate the Service is the property of Finding Focus or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Service, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners.
(c) Responsibility. Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice, in accordance with applicable law, any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
9. License to Use the Service, License Restrictions and Restricted Activities
(a) Content. In these Terms the content on the Service, whether made available to you or provided by you, including, without limitation, all User Content (as defined above), information, data, logos, marks, designs, graphics, pictures, sound files, audio recordings, other files, their selection and arrangement, and output insights generated and returned by the AI Technologies, is collectively called “Content”.
(b) License. Finding Focus grants to you a revocable, non-exclusive, non-sublicensable license to use and access the Service and to view the Content available to you through the Service (“License”).
(c) License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms; the Service, the Content and the License are subject to the following restrictions, terms and conditions:
(i) The Service (including your User Account) is for your use only. You may not resell, lease or provide it in any other way to anyone else, except as permitted through the Service.
(ii) You may not make or distribute copies of the Service.
(iii) You may not alter, merge or translate the Service, or decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form.
(iv) You may not modify, reproduce or create derivative works based on the Service or the Content.
(v) You may not use the Service for any application deployment or ultimate production purpose.
(vi) You may not use the Service to develop any application, software, offering or service having the same or similar primary function as the Service.
(vii) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
(viii) You may not otherwise use the Service or the Content other than for its intended purpose.
(ix) You may not (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person; or (iii) carry any weapons.
(x) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
(xi) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License in this Section is revocable by Finding Focus at any time.
(xii) Your use of the Service and the Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law (including, without limitation, any patent, trademark, trade secret, copyright or other intellectual or proprietary rights).
(xiii) You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, hateful or illegal.
(xiv) You may not (i) index, scrape, “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (ii) link directly or indirectly to any other websites, applications or services.
(xv) You may not transfer or sell your User Account, password and/or identification to any other party.
(xvi) You must comply with and abide by the User Content Guidelines (as defined below).
10. Your Limited License of Your User Content to Finding Focus
(a) Ownership. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Service, now and in the future.
(b) License. Therefore, by posting or distributing User Content to or through the Service, you (a) grant Finding Focus and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right, in accordance with applicable law, to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Service from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Service; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the restrictions described Section 11 below).
(c) Sublicense. If your User Content is intended for the use of other users (including a Healthcare Provider), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right, in accordance with applicable law, to sublicense such User Content to such users for their use in connection with their use of the Service.
(d) Rights Granted. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Service. And they are transferable because we need the right to transfer these licenses to any successor operator of the Service. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Service does this to your User Content when it processes it for use in the Service.
11. User Content Guidelines and Reviews Guidelines
(a) General. Finding Focus may permit Users to upload or input User Content, including ratings and reviews of the Service and/or Healthcare Providers. User Content submitted to any public area of the Service will be considered non-confidential.
(b) User Content Guidelines. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following (“User Content Guidelines”):
(i) any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of Finding Focus;
(ii) content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
(iii) content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(iv) content that is intended to advertise the services, products or offerings of another person or entity;
(v) private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
(vi) viruses, corrupted data or other harmful, disruptive or destructive files; or
(vii) content that is unrelated to the use of the Service.
(c) Review Guidelines. Reviews posted on the Service must comply with the following (“Review Guidelines”):
(i) Users who wish to post a review of the Service or a Healthcare Provider must have a User Account;
(ii) reviews must be helpful and reasonable and must only accurately describe the true experience that the User had with the Service or a Healthcare Provider (i.e. no hearsay);
(iii) reviews must be legal and must not infringe the rights of any party;
(iv) reviews must comply with the User Content Guidelines above;
(v) reviews must not be written by or be about individuals under the age of 18;
(vi) reviews must be written in English; and
(vii) reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).
(d) Violation of Guidelines. Reviews on the Service are the sole, subjective opinion of the Users who posted them. Finding Focus does not endorse any of the reviews posted on the Service and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section. If you believe that a review was written in a manner that contravenes these Terms, you may request the removal of such review through the Service. Any use of the Service or portions of the Service in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Service.
12. Security of the Service
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Service is encrypted using SSL certificates. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your or Healthcare Provider’s internet service provider, and other service providers cannot be assured. When you use the Service, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
13. Third Party/Open-Source Software
The Service (including the use of AI Technologies that is currently developed and provided by OpenAI may contain and/or may connect to third party software and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third-Party Licenses”). These Third-Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third-Party Licenses, if any. Third-Party Licenses may be viewed through the Service or by contacting Finding Focus at support@findfocusnow.com.
14. Third-Party Service Providers and Partners
Finding Focus may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms. We operate the Service in conjunction with our independent contractors. Our independent contractors and third-party partners may have access to your personal or personal health information in providing services to us or providing you with access to the Service. We may, in accordance with applicable law, use a variety of third-party service providers, independent contractors, employees and servers in locations both inside and outside of Canada, which may make your personal or personal health information the subject of foreign laws and foreign legal proceedings.
15. Linked Sites
The Service (including the use of AI Technologies) may contain links to third-party websites (“Third Party Sites”) or third-party content (“Third Party Content”) as a service to those interested in this information. You use links to Third Party Sites, or any Third-Party Content or services provided there at your own risk. Finding Focus does not monitor or have any control over, and makes no claim or representation regarding, such Third-Party Content or Third-Party Sites. Finding Focus provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Finding Focus’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Finding Focus accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of any Third-Party Content, Third-Party Sites, or websites linking to the Service. When you leave the Service, unless otherwise stated herein, our Terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
16. Advertisements and Promotions
Finding Focus may run advertisements and promotions from third parties on or through the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Finding Focus, and any terms, conditions, warranties, or representations associated with such dealings are solely between you and such third party. Finding Focus is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on or through the Site.
THE SERVICES (WHICH FOR THE ENTIRETY OF THIS SECTION 17, INCLUDE, WITHOUT LIMITATION, ANY ADVICE, TREATMENT, DIAGNOSIS, OPINION, PRESCRIPTION, RECOMMENDATION, STATEMENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SITE, BY ANY HEALTHCARE PROVIDER OR IN ANY RESULTS) AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM FINDING FOCUS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FINDING FOCUS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FINDING FOCUS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, SECURE, CURRENT VIRUS-FREE, OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICE OR THE CONTENT OR ANY PORTION THEREOF.
ANY SERVICES PROVIDED ON OR THROUGH THE SITE, BY ANY HEALTHCARE PROVIDER OR IN ANY RESULTS MIGHT BE INAPPROPRIATE FOR YOUR OWN SITUATION OR MIGHT BE MISINTERPRETED AND FINDING FOCUS ASSUMES NO RESPONSIBILITY FOR HOW YOU USE SUCH SERVICES. THE CONTENT, THE RESULTS AND THE INFORMATIONAL SERVICES ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT, RESULTS AND THE INFORMATIONAL SERVICES ARE NOT INTENDED TO BE MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. WE ADVISE YOU TO DISCUSS ANY QUESTIONS YOU MAY HAVE REGARDING ANY CONTENT, RESULTS, INFORMATIONAL SERVICES AND/OR THE STATUS OF YOUR HEALTH WITH A QUALIFIED HEALTHCARE PHYSICIAN OR OTHER HEALTHCARE PROVIDER PRIOR TO RELYING ON SUCH SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY SERVICES YOU OBTAIN FROM THE SITE, ANY HEALTHCARE PROVIDER OR ANY RESULTS BEFORE RELYING ON IT. THERE ARE INHERENT RISKS ASSOCIATED WITH THE USE OF, RELIANCE ON OR INAPPROPRIATE RELIANCE ON OR USE OR PURCHASE OF THE SERVICES. RELIANCE UPON THE SERVICES OR THE CONTENT SHALL ALSO BE AT YOUR OWN RISK.
WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE. THERE ARE POTENTIAL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, WHEN YOU DEAL WITH SOMEONE (PERSON ON ENTITY) YOU CONNECT WITH THROUGH THE SERVICE (INCLUDING HEALTHCARE PROVIDERS). YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PERSONS AND/OR ENTITIES WITH WHOM YOU MEET, CONTRACT WITH OR COME IN CONTACT THROUGH THE SERVICE (INCLUDING HEALTHCARE PROVIDERS).
WE PROVIDE NO ASSURANCES, GUARANTEES OR REPRESENTATIONS (EXPRESS OR IMPLIED) REGARDING THE QUALITY, REPUTATION, INTEGRITY, RESPONSIBILITY, OR ACTIONS (AS APPLICABLE) OF ANY (A) HEALTHCARE PROVIDERS PROVIDING SERVICES; (B) RESULTS SOLD ON THE SITE; (C) PHARMACIES, LABORATORIES, OR OTHER PROVIDERS USED TO PROCESS AND PRODUCE RESULTS INCLUDING PRESCRIPTIONS; OR (D) USE OF ANY AI TECHNOLOGIES TO PROCESS USER CONTENT OR ANY OTHER INFORMATION. EVEN IF LISTED ON THE SERVICES, AND EVEN IF THEY RECEIVED FAVORABLE REVIEWS ON THE SITE, WE DO NOT ENDORSE, REFER, RECOMMEND, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (I) ANY RESULTS PROMOTED, ADVERTISED, SOLD OR PURCHASED THROUGH THE SERVICES; (II) LABORATORIES USED BY FINDING FOCUS; (III) ANY HEALTHCARE PROVIDER WHO PROVIDES SERVICES; OR (IV) ANY OPERATIONS OF THE AI TECHNOLOGIES OR THE INFORMATION, TEXT, AND CONTENT INLCUDED IN THE OUTPUT, OR THE USE OF THE OUTPUT BY HEALTHCARE PROFESSIONALS, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI TECHNOLOGIES . THE ENTIRE RISK ARISING OUT OF YOUR USE OR PURCHASE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(a) Waiver of Liability. You waive and shall not assert any claims or allegations of any nature whatsoever against Finding Focus, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties” and each a “Released Party”, directly or indirectly, arising out of or in any way relating to your use of the Service (including, without limitation, the purchase, provision or receipt of any services or products from a Healthcare Provider offered, provided, sold or purchased thereon) or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Service or the Content, or allegations that Finding Focus or any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Service (including, without limitation, anything related to or arising from the purchase or receipt of any services or products from a Healthcare Provider offered, provided, sold or purchased thereon). You use the Service at your own risk.
(b) No Damages. Without limitation of the foregoing, you agree that, to the fullest extent permitted by law, in no event will Finding Focus or any other Released Party be liable, howsoever caused, for any direct, special, indirect, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, loss of life, loss of emotional well-being, loss of reputation or loss incurred by any third-party, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Service (including, without limitation, the purchase, provision or receipt of any services or products from a Healthcare Provider offered, provided, sold or purchased thereon) or the Content, including without limitation any damages caused by or resulting from your reliance on the Service or the Content or other information obtained from a Healthcare Provider, Finding Focus or any other Released Party or accessible via the Service, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or inability to access or use the Service, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Finding Focus, any User, Healthcare Provider or any other Released Party’s records, programs or services, regardless of legal theory and whether or not we have been warned of the possibility of such damages and whether those damages were foreseeable or not and/or caused by any negligence, misconduct, and/or other action and/or inaction, directly or indirectly, by you or any third party (including, without limitation, Finding Focus, a Healthcare Provider or any Released Party).
(c) Limitation of Liability. In no event shall the aggregate liability of Finding Focus, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to your access to or use of the Service exceed any amount paid by you to access the Service during the two (2) months prior to the date of any claim, if any. We shall not be in breach of any provision of these Terms caused by your failure to observe any of your obligations or undertakings as set out in these Terms. Further, we shall not be obligated to provide the Services, or any part thereof, where you have failed to comply with the terms and conditions of these Terms, including, without limitation, your failure to follow the instructions as it relates to the Results.
(d) Third-Parties. To the fullest extent permitted by law, without limiting the generality of this Section, or any other section limiting our liability, you agree that we shall not be responsible for the acts or omissions, including but not limited to, the negligent acts or omissions, of a Healthcare Provider, our independent contractors, third-party partners, employees, clients, use of AI Technologies, any other third-party service providers and/or any third party software and/or open source software providers.
(e) Sole and Exclusive Remedy. If you are dissatisfied with the Service, do not agree with any part of the Terms, or have any other dispute or claim with or against us or any other Released Party, then your sole and exclusive remedy is to discontinue accessing and using the Service. We reserve the right to seek all remedies available at law and in equity for your violation of the Terms (in whole or in part).
(a) Indemnification. You shall defend, indemnify and hold harmless Finding Focus and the other Released Parties from any and all claims, suits, losses, demands, injuries, damages, liabilities, costs (including reasonable legal fees), taxes, expenses, settlements, judgments, obligations, risks and proceedings of every kind and nature (“Claims”), known and unknown, which may arise from or are in any way connected with, among other things, (a) your violation of these Terms; (b) your violation of any third-party right or the rights of a Healthcare Provider and their personal, if applicable; (c) any breach of a representation or warranty made by you to us, either in the Terms or otherwise; (d) our use of your User Content uploaded to the Service or otherwise provided to us or a Healthcare Provider; (e) the use of the Service by any person to whom you give access to your User Account; (f) your use of, access to, and/or activities in connection with the Service (including, without limitation, with any Healthcare Provider); (g) any negligent, fraudulent, reckless, or intentionally wrongful act; or (h) any failure to use the Service in accordance with all applicable laws, rules, and regulations. You will cooperate as fully as reasonably required in the defense of any Claims. Finding Focus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided, however, that you will remain liable for any such Claims and for the costs of the defense.
(b) Disputes between you and others. Finding Focus reserves the right, but has no obligation, to monitor and/or manage disputes between you, a Healthcare Provider and/or their personnel, or any other individual or entity involved with or related to the Services (collectively, “Providers” and each a “Provider”), if applicable. If you have a dispute with a Provider, you release and hereby agree to indemnify, defend, and hold harmless Finding Focus and their Released Parties from any and all Claims of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
20. Waiver of Trial By Jury and Disclosure of Information
(a) Waiver of Trial By Jury To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of the Terms.
(b) Disclosure of Information. We reserve the right to provide your User Content and other user information (including but not limited to your personal and/or health information) uploaded to the Site or collected by the Service, to third-parties, if required by law (such as in response to a subpoena, court order or other legal process in any jurisdiction), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. If we are required by law to make any disclosure of your User Content or personal and/or health information, we may (but are not obligated to) provide you with written notice (to the extent permitted by law) prior to such disclosure so that you may take appropriate action.
21. Termination/Modification of License and Service
(a) Termination. Notwithstanding any provision of these Terms, Finding Focus reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Service, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Service or Content; (c) change, suspend or discontinue any aspect of the Service or Content; and/or (d) impose limits on the Service or Content. The Service is not available to Users who have had their User Account temporarily or permanently deactivated.
(b) Modification. Finding Focus reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policies, guidelines, rules, obligations, agreements, or documents communicated through or applicable to the Service, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and/or we will post a notice on your User Account page or elsewhere on the Site visible to you the next time you access the Service. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Service after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies, guidelines, rules, obligations, agreements or documents communicated through the Service or incorporated in the Terms to understand the terms and conditions that apply to your use of the Service. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Service. If you have any questions about the Terms, please email us at support@findfocusnow.com.
22. Communications and User Submissions
(a) Communications. By creating a User Account, you agree to receive certain communications from Finding Focus. For example, you may receive notifications, a newsletter and/or other promotional e-mails. You can opt-out of non-essential communications. Notices that we give you (other than notice of modification of these Terms, which is discussed in Section 21 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data or on your User Account. Second, we may post a notice to you on your User Account page. Third, we may post the notice elsewhere on the Service. When we post notices on the Service, we post them in the area(s) of the Service suitable to the notice. It is your responsibility to periodically review the Service and your User Account page for notices.
(b) User Submissions. Subject to the Privacy Policy and the other terms and conditions of these Terms, in accordance with applicable laws, you acknowledge that Finding Focus is free to use, reproduce, modify, disclose, transmit or post any communications, whether verbal or in writing, including data, information, ideas, inventions, concepts, techniques, know-how evaluations, questions, comments, suggestions, or similar, you transmit while accessing, using the Service (“User Submissions”), for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information, without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not share them with us, through the Service or otherwise.
(a) Governing Law. The Service is controlled by Finding Focus and operated by it from its offices in Oakville, Ontario. You and Finding Focus both benefit from establishing a predictable legal environment in regard to the Service. Therefore, you and Finding Focus explicitly agree that all disputes, claims, or other matters arising from or relating to your use of the Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
(b) Dispute Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Service or Content; (c) oral or written statements relating to these Terms or to the Service; or (d) the relationships that result from these Terms or the Service or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Finding Focus related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Finding Focus. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
(c) Court. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
(d) Other Jurisdictions. If you choose to access the Service from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Finding Focus and the other Released Parties for your failure to comply with any such laws.
24. Termination of these Terms
You and Finding Focus may terminate these Terms and your use of the Service at any time, subject to the terms and conditions of these Terms. When you terminate these Terms, you must cease using the Service immediately. When your User Account is terminated, subject to and in accordance with applicable law, any User Content you have uploaded to the Service may remain on the Service. The license you grant to us in Section 9 therefore survives the termination of these Terms. In addition, subject to applicable law, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. If your User Account is terminated, Finding Focus will have no further obligation to provide you with access to the Service (including your User Account), except to the extent there is an obligation to provide you with access to your User Content or other content on your User Account related to your use of the Service, or if we are requested to do so, for a limited period, by a Healthcare Provider in connection with their professional obligation to you. If these Terms expire or terminate for any reason, Sections 7, 8, 10, 17, 18, 19, 20, 21, 23, 24and 25, and any representation or warranty you make in these Terms, shall also survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Where a provision in the Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute. Our failure to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision. Unless otherwise specified, all references to amounts of money in these Terms refer to Canadian (CAD) currency. The Terms shall enure to the benefit of and are binding upon the parties and their respective successors and permitted assigns. Finding Focus may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Finding Focus, and any such attempted assignment will be void and unenforceable. Violation of the Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of the Terms. These Terms constitute the entire agreement between you and Finding Focus regarding your use of the Service, and supersede all prior or contemporaneous communications whether electronic, oral, or written between you and Finding Focus regarding your use of the Service. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
26. Questions and Comments
If you have any questions regarding these Terms or your use of the Service including the use of any information by the AI Technologies, please contact us here:
Finding Focus Inc.
support@findfocusnow.com
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