Terms of Service
By accessing and using the CACTUSMD Platform, or participating in any CACTUSMD Programs, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and CACTUSMD. If you do not agree to these Terms at any point, you must immediately cease accessing the CACTUSMD Platform and participating in any CACTUSMD Programs.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the CACTUSMD Platform or participating in any Programs, after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.
On notice to you, CACTUSMD may immediately terminate these Terms and/or any CACTUSMD Programs, and/or access to the CACTUSMD Platform or participation in any CACTUSMD Programs, or generally cease offering or deny access to the CACTUSMD Platform or any portion thereof and/or any CACTUSMD Programs, at any time, for any reason.
Physicians and Practitioners on CactusMD platform
All physicians providing Healthcare Services or Informational Services, as defined below, (each an "Authorized Physician") are independent, regulated health professionals registered to practice medicine in a Province or Territory of Canada. CactusMD is not a healthcare provider. Authorized Physicians alone are responsible for the Healthcare Services and Informational Services they provide through the CactusMD Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Physicians may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Physician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the "College of Physicians and Surgeons" of the Province), in the Province or Territory in which the Physician Practices.
All non-physician providers providing Healthcare Services or Informational Services, as defined below, (each an "Authorized Practitioners") are independent, regulated health professionals (such as psychotherapists or nurses) registered to provide healthcare in a Province or Territory of Canada. CactusMD is not a healthcare provider. Authorized Non-Physician Providers alone are responsible for the Healthcare Services and Informational Services they provide through the CactusMD Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Non-Physician Providers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Practitioners, consult his or her profile on the register on the website of the regulator (in most Provinces, named a "College"), in the Province or Territory in which the Practitioners Provider Practices.
Telemedicine is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the physician are not in the same physical location. During your telemedicine consultation with an Authorized Physician or a Non-Physician Provider, you will be asked to provide the Authorized Physician or Non-Physician Provider certain Personal Information including Personal Health Information (collectively referred to together as "Information"). When discussing Healthcare Services, information typically refers to Personal Health Information ("PHI"), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.
The type of services that are available to you through the CactusMD Platform depends on your province of residence and the location you are in at the time you request the services. This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.
Healthcare Services, Limits on Healthcare Services
Healthcare Services will only be made available to you if you are a temporary or permanent resident of a Canadian Province or Territory, whether or not physically in the Province or Territory at the time that you request the Healthcare Services (“Residency Requirements”). The relationship between you and an Authorized Physician providing Healthcare Services is a physician-patient relationship. CactusMD is not a party to that relationship. The relationship between you and an Authorized Non-Physician Provider providing Healthcare Services is a provider-patient relationship. CactusMD is not a party to that relationship.
There are restrictions on the Healthcare Services that can be provided through the CactusMD Platform. YOU MUST NOT USE THE CACTUSMD PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk.
In addition to the limitations set out above, Authorized Physicians and Authorized Non-Physician Providers are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN OR AN AUTHORIZED NON-PHYSICIAN PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the CactusMD Platform.
Authorized Physicians and Authorized Non-Physician Providers have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.
Please note that interaction with an Authorized Physician through the CactusMD Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Physician you’re your primary care provider is a registered practitioner on CactusMD, you may be using CactusMD to perform Telemedicine consultation with your primary care provider.
This CACTUSMD platform are operated by CACTUSMD. Throughout the site, the terms “we”, “us” and “our” refer to CACTUSMD. CACTUSMD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
BY REGISTERING TO USE THE CACTUSMD PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
1. The CactusMD Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Physicians and Authorized Non-Physician Providers for the provision of Healthcare Services that CactusMD is not a party to the relationship between you and any Authorized Physician or Authorized Non-Physician Providers providing Healthcare Services. Authorized Physicians and Authorized Non-Physician Providers are independent contractors who are not employed by CactusMD or otherwise affiliated with CactusMD.
2. AUTHORIZED PHYSICIANS AND AUTHORIZED NON-PHYSICIAN PROVIDERS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
3. As with any other medical consultation, no results can be guaranteed or assured: your Authorized Physician or Authorized Non-Physician Provider may determine that Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Healthcare Services to you through the CactusMD Platform.
4. As with any other health care service, there are risks associated with the use of the Healthcare Services.
5. There are risks associated with any inappropriate reliance on Informational Services.
6. The CactusMD Platform may not permit the transmission of information in a way that allows the Authorized Physician or Authorized Non-Physician Provider to provide Healthcare Services or Informational Services (e.g., poor resolution of images).
7. You are responsible for providing the Authorized Physician and Authorized Non-Physician Provider with the information that he or she advises is required in order to provide you with Healthcare Services or Informational Services.
9. The content and material appearing on the CactusMD Platform could include technical, typographical or photographic errors.
CactusMD does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).
None of the information or materials (collectively, excluding Healthcare Services, (“Content”) available through the CactusMD Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your family physician or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.
The CactusMD Platform, all Contents and rights therein, except PHI, are and shall remain CactusMD’s property or the property of CactusMD’s licensors. Neither these Terms nor your use of the CactusMD Platform convey or grant to you any rights to use or reference in any manner CactusMD’s brand elements, company name, logo, product and service names, trademarks or services marks or those of CactusMD’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.
Preliminaries: User Accounts
In order to use the CactusMD Platform, including obtaining Healthcare Services, you must register for and maintain an active personal account (“User Account”). You must be at least 18 years of age to create a User Account, unless you are associated with a Third Party that permits individuals under the age of 18 to create a User Account and you meet the Third Party minimum age requirement specified to you in any additional terms at the time you create the User Account. You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your User Account. You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents. You may request Informational Services for you only.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by CactusMD in writing, you may only possess one User Account.
While using the CactusMD Platform, you may not, and represent and promise that you will not:
1. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the CactusMD Platform except as expressly permitted by CactusMD.
3. Decompile, reverse engineer or disassemble the CactusMD Platform except as may be permitted by applicable law.
4. Link to, mirror or frame any portion of the CactusMD Platform.
5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the CactusMD Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the CactusMD Platform.
6. Attempt to gain unauthorized access to or impair any aspect of the CactusMD Platform, or its related systems or networks.
7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
8. Use the CactusMD Platform in a manner that violates any laws.
In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the CactusMD Platform, including Authorized Physicians and Authorized Non-Physician Providers. You agree that you will not contact Authorized Physicians and Authorized Non-Physician Providers in respect of Healthcare Services or Informational Services except through the CactusMD Platform. For clarity, CactusMD has no interest in or control over any interaction that you may have with Authorized Physicians and Authorized Non-Physician Providers outside the CactusMD Platform and unrelated to Healthcare Services or Informational Services.
As set out above, CactusMD reserves the right to terminate any User’s access or use of the CactusMD Platform at any time, for any reason. If your User Account is terminated, CactusMD will have no further obligation to provide access to the CactusMD Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Physician or an Authorized Non-Physician Provider in connection with his or her professional obligations to you. You may deactivate your User Account at any time, for any reason, by logging in to your User Account.
Fees & Payment
CactusMD fees are to cover the use of complete Healthcare platform system that enable Patients and Authorized Physician and/or an Authorized Non-Physician Provider to connect together and perform Telemedicine consultations. The fees for Healthcare Services are only for those elements of Healthcare Services not covered by the provincial health plan in your Province or Territory of residence. We do not charge for services that are covered by provincial health plans. Where you have questions about fees charged for Healthcare Services, please contact us.
You understand that you will be charged a fee for any Healthcare Services you receive from an Authorized Physician and/or an Authorized Non-Physician Provider, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. There are two options available for payment: monthly or annual subscriptions. These options are described below.
We charge Authorized Physicians and Authorized Non-Physician Providers a service fee for using the CactusMD Platform in helping them to virtualize there office practice. All fees for Healthcare Services are in Canadian dollars and inclusive of all applicable taxes.
Private consultation: You may pay the fees for Healthcare Services (“Fees”) at the time you request Healthcare Services. CactusMD requires you to submit credit card information prior to any Healthcare Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services through the CactusMD Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that CactusMD, on behalf of Authorized Physicians and Authorized Non-Physician Providers, may validate your credit card and put a hold on it in the amount of the Fees. CactusMD will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. CactusMD will provide you with a receipt for the Fees you pay.
Membership option: CactusMD may allow you to purchase access to certain specified Healthcare Services during a fixed membership term for a flat fee (“Membership Fee”). CactusMD will notify you of the applicable Membership Fee and the Healthcare Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services covered by your membership. The only additional fees would be for Healthcare Services you request that are outside of your membership and accordingly not covered by your Membership Fee. For access to Healthcare Services not covered by your membership, you must use the Private consultation option. Your membership will automatically renew until cancelled by you in the Billing section of your Account Settings. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fees are non-refundable, except where CactusMD terminates your access to the CactusMD Platform, in which case CactusMD will give you a pro rata refund of your Membership Fee. For clarity, CactusMD will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.
Third Party Payment/Coverage
CactusMD may permit a Third Party (e.g. employer) to pay the Fees and/or Membership Fees for some or all of the Healthcare Services or Informational Services provided to a User or group of Users. In these circumstances, CactusMD has a contract with the Third Party, under which the Third Party discloses the name and contact information, including the email address, of the User or Users who have agreed to register with CactusMD to obtain Healthcare Services, and for whom the Third Party will pay the Fees or Membership Fees for some or all of the Healthcare Services they receive. The payment option will be determined by the Third Party and CactusMD. CactusMD is not a party to and has no control over the agreement between any User and a Third Party payer. Coverage by a Third Party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fees. CactusMD will inform Users of any changes to or termination of their Third Party coverage. Users whose Third Party coverage is terminated may be given the option of continuing to use the CactusMD Platform under their existing account so long as they pay the Fees or Membership Fees.
SECTION 1 - ONLINE PLATFORM TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the platform. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CACTUSMD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless CACTUSMD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Quebec.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@CACTUSMD.com.