Terms of Use Agreement This Terms of Use Agreement (this “Agreement”) is entered into by and between Family Anatomy (Dr. Brian MacDonald, Dr. Giuseppe Spezzano, and Dr. Richard Bolduc, psychologists; the “Authors”) and “you,” the user of this blog, also known as “Family Anatomy – Parenting and Relationship Information from a Trusted Source,” and the podcast, also known as “The Family Anatomy Podcast” (both of which are hereafter referred to collectively as the “Site”). Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHORS’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.
BY ENTERING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
HEALTH ADVICE DISCLAIMER
The Authors provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Authors do not provide any medical or health advice or Information on the Site, and the Information should not be so construed or used. References to “advice” on the Site should be considered educational information only. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Authors does not create a therapeutic or doctor-patient relationship between you and the Authors. Nothing contained in the Site is intended to create such a relationship, to replace the services of a licensed, trained therapist or health professional or to be a substitute for medical or psychological advice of a therapist or trained health professional licensed in your state or province. You should not rely on anything contained in the Site, and you should consult a physician or psychologist licensed in your state or province in all matters relating to your physical or mental health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
THERAPEUTIC, FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER You hereby acknowledge that nothing contained in the Site shall constitute therapeutic, financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Authors. References to “advice” on the Site should be considered educational information only. You hereby agree that you shall not make any therapeutic, financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
INFORMATION DISCLAIMER The opinions expressed in the Site are not necessarily the opinions of the Authors and do not necessarily reflect the opinion of their employer(s). The Site is created by the Authors in the Authors’ individual capacity, is the Authors’ personal web site, is not edited by the Authors’ employer(s) and, as a result, may not be attributed to the Authors’ employer.
Any opinions of the Authors on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
Brains On Games board game overviews are also the opinions of the Author(s). No payment or compensation is received for these overviews, although some publishers provide copies of their games for review. Unless otherwise stated, the Author has no relationship with the supplier of a product being discussed in a video. Acceptance of a sample or review copy does not guarantee that a video will be produced.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Authors undertake no obligation to update any Information on the Site; provided, however, that the Authors may update the Information at any time without notice in the Authors’ sole and absolute discretion. The Authors reserve the right to make alterations or deletions to the Information at any time without notice.
POSTING GUIDELINES The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Authors in the form of user generated comments or otherwise, you grant the Authors the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on the Site, you grant the Authors and any company substantially under the control of the Authors, the right to remove any content or comment that, in Authors’ judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Authors and any company substantially under the control of Authors the right to modify, adapt, and edit any content.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Authors of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Authors are not responsible for the content of linked third party web sites and do not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHORS MAKE NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.
DISCLAIMER OF ALL WARRANTIES The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Authors make no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Authors make no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Authors be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Authors shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Authors’ actions, omissions, or negligence, or for contingencies beyond the Authors’ control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS The Site is protected by Canadian copyright laws. The Authors hereby reserve any and all intellectual property rights in the Site.
AGE RESTRICTION The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
INDEMNIFICATION You agree to indemnify and hold the Authors harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
PRIVACY The publisher values the privacy of its Web/blog site viewers. Any of the following personal information that may be made available to the publisher when browsing or navigating the site shall bot be shared outside the site without permission:
First and last name
Company, home, postal or other physical address
Other contact information, for example, telephone number, fax number, email address, and other similar information
Title or position in a company or an organization
Occupation
Industry
Personal interests
Any other information needed to provide a service you requested
Examples of scenarios where our visitors provide their personal information include, but may not be limited, to:
Emailing, calling or communicating with the site coordinators.
Posting a question or comment through the site.
Requesting literature.
Registering to attend a seminar or any event.
Participating in an online survey.
Requesting inclusion in an email or other mailing list.
Submitting an entry for a contest or other promotions.
Logging in to the site, thus requiring a user name and/or a password.
Any other business-related reason.
The publisher provides you the opportunity to agree or decline to give your personal information via the Internet. The publisher will inform you of the purpose for the collection and does not intend to transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled “Information Sharing and Disclosure” below. If you choose to provide us with your personal information, we may transfer that information, within the publisher or to a third party service provider as necessary.
DOMAIN INFORMATION COLLECTION The publisher may collect domain information to enable us to analyze how our visitors use this site. This data enables us to become more familiar with which people visit our site, how often they visit, and what parts of the site they visit most often. The site coordinators use this information to improve its Web-based offerings. This information is collected automatically and requires no action on your part.
USE OF COOKIES AND TRACKING USER TRAFFIC Some pages on this site may use “cookies”—small files that the site places on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. These files are used for site registration and customization the next time you visit us.
Some parts of the site may also use cookies to track user traffic patterns. The publisher does this in order to determine the usefulness of our Web site information to our users and to see how effective our navigational structure is in helping users reach that information. Please note that cookies cannot read data off of your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our Web site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.
INFORMATION SHARING AND DISCLOSURE Your personal information is never shared outside the site without your permission, except under conditions listed below:
Consenting to share your information to a third party service provider working on our behalf to serve you.
Requiring us to provide you with a product or service.
Comments on the website that are visible to others should not be considered confidential.
Members of third-party social networking sites (e.g., Facebook) who register as "fans", "friends", or "followers" may also provide information that is visible to users of this site. See the Privacy Policy of these third-party sites for details.
The publisher will also disclose your personal information, if required to do so by law, or in urgent circumstances, to protect personal safety, the public or our sites.
INTERNET SECURITY The publisher strives to protect your personal information; however, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters.
PROTECTING THE PRIVACY OF CHILDREN Children under 13 years old are not the target audience for our Web site. To protect their privacy, the publisher prohibits the solicitation of personal information from these children.
INVALIDITY If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the Province of Ontario. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
ENTIRE AGREEMENT You hereby acknowledge that this Agreement represents the entire understanding between you and the Authors concerning your use of the Site and the Information contained therein.
MODIFICATION The Authors may, in the Authors’ absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
WAIVER The Authors’ failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
THE SITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHORS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL OR THERAPEUTIC ADVICE. BY ACCESSING THE SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO THERAPEUTIC OR DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHORS. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL, PSYCHOLOGICAL OR THERAPEUTIC ADVICE FROM A LICENSED THERAPIST OR PHYSICIAN IN YOUR AREA.