Terms Of Use

The following describes the Terms of Use for passnplex.com, members.passnplex.com, and store.passnplex.com websites.

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OF SOFTWARE. BY ACCESSING OR USING OUR WEBSITE OR SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE OUR WEBSITE OR SOFWARE. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE, DO NOT USE OUR WEBSITE OR SOFTWARE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE OR SOFTWARE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE OR SOFTWARE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.

 

OUR WEBSITE, SOFTWARE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE OR SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

 

By using this website of software, you agree to obey these Terms of Use. Please read them carefully.

 

Our passnplex.com website (and other “internal” websites stemming from it, such as specific membership sites (member.passnplex.com), syndication sites, or web pages pertinent to the main website or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with the Terms of Use set forth below (all parts and parties collectively referred to as our website, includes the understanding of usage of software on the members sites, from herein referred to as solely website).

 

Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Use. This may include, without limitation, a Privacy Policy and Software Licensing Agreement.

 

You agree to obey all applicable laws and regulations regarding your use of our passnplex.com website and any member websites and the content and materials provided in it.

 

Our website is independently owned, however, sponsored and endorsed through our advertisers. Therefore we are closely connected with our advertisers and do share contact information received from our users in some cases. You should assume a third party relationship, by mere mention of their name. The aim is to provide a useful service for our members. However, as the service is free we do monetize through advertising and as such may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.

 

1.Copyright, Licenses and Idea/User Submissions

 

The following describes the Copyright Notice for our website.

 

The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks is PassNPLEX, and/or other third party licensors or related entities.

 

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our passnplex.com website or via email or by way of protected content in a membership site. You do however have the right to share files with other users. However, PassNPLEX claims no responsibility for the accuracy of the documents uploaded. It is your own responsibility to view all documents before sharing with others. The uploading of files to the members area does not change the fact that you do not own or can claim ownership to the content, you are merely using it for personal or commercial related purposes. You do however own the right to edit, delete, or modify all or any content within an uploaded file. As the persona sharing a file, you surrender any rights to your content being modified once it becomes part of our website.

 

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR MEMBER WESITE, INCLUDING TEXT AND GRAPHICS. YOU MAY NOT MODIFY, COPY, REPRODUCE, PREPUBLISH, OR DISTRIBUTE IN ANY MANNER CONTENT, CODE AND/OR SOFTWARE THAT IS INHERENT TO THE APPLICATION OR WEBSITE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell the uploaded content files or display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose other than within your own business to send files directly to patients or colleagues. The use of content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms of use, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

 

You are granted a nonexclusive, non-transferable, revocable license to use our website for private or personal use. You may print and download portions of material from the different areas of the website solely for your own use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls. You are not permitted to copy, print, or use any of the content on the home website for personal or commercial purposes. You are only permitted the rights as set herein for the use of files uploaded in the members area.

 

As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state/provincial and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

 

Our passnplex.com website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

 

You agree to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as members boards, bulletin boards, forums, blog, and newsgroups) or by uploading files or e-mail to our website by all means and in any media now known or hereafter developed. You also grant to our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.

 

Trademarks

 

Publications, products, content or services referenced herein or on our website are the exclusive trademarks or service marks of PassNPLEX or related parties. Other product and company names mentioned in our website may be the trademarks of their respective owners.

 

Links to Our Website

 

You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.

 

2.Use of our website

 

Data contained on or made available through our passnplex.com website is not intended to be, and does not constitute, as medical advice. Such advice is unique to each patient and would warrant direct contact with one of our practitioners. Our website, and your use of it, does not create an doctor-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

 

We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.

 

Your Duty To Other Users

 

Your use of our website is for your own personal and commercial benefit. In no way are you to leverage our website in a way that mines for the personal information of others, whether in blog comments, member sharing, or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).

 

If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

 

Restricted access

 

Access to certain areas of our passnplex.com website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

 

If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.

 

We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our passnplex.com website or any other contractual obligation you owe to us.

 

Third-Party Products/Services

 

You understand that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our website as such, all information, products and services offered through our website or on the Internet generally are offered by third parties that may be affiliated with our website, and we may be compensated.

 

We aim to maintain a virus and malware free environment and take every precaution to do so. However, we cannot be responsible for malicious actions by others and as such cannot guarantee that we are always protected.

 

You also understand that our passnplex.com website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.

 

Assumption of Risk

 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

 

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.

 

Limitation of Liability

 

The content may contain inaccuracies or typographical errors. Our passnplex.com website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. Use of our website and the content is at your own risk. Changes are periodically made to our website, and may be made at any time.

 

OUR WEBSITE DOES NOT WARRANT THAT IT WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.

 

Express Disclaimer of Consequential Damages

 

IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

 

BECAUSE SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR PROVINCES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

 

Links to Other Websites

 

Our website contains links to third party websites. Our passnplex.com website makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party websites. Our website is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of material on such third party websites. If you decide to access linked third-party websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we may be compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.

 

User Submissions

 

As a user of our passnplex.com website, you are responsible for your own communications and are responsible for the consequences of their posting and uploading. You must not do the following things: post or upload material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post or upload material that reveals trade secrets, unless you own them or have the permission of the owner; post or upload material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or upload material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post or upload a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

 

Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

 

Our passnplex.com website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted or uploaded by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our website has no liability or responsibility to users of our website for performance or non-performance of such activities. Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

 

Social Media Warning (Divulgence of Personal & Private Information)

 

Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.

 

3.Indemnification

You agree to indemnify, defend and hold harmless our passnplex.com website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.

 

4.Third Party Rights

 

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.

 

5.Term; Termination

 

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.

 

You may send us email, but in no instance will this communication in any way be construed as initiating a doctor-patient relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.

 

6.Miscellaneous

 

Refund Policy

 

Due to the nature of the products and services provided (online materials that can be accessed and/or utilized and/or downloaded once purchased), we do not provide refunds. We try to ensure that we clearly describe our products and services in good faith. However, please be certain that before you opt to purchase a product or service, you ask questions, review product details, look at a product preview (if such a preview is available), and are confident that the product or service is suitable for your exact needs. Although it is very rare, before purchasing any products or services, you understand and agree that it is possible that you may be unsatisfied with the products or services you purchase. There are no exceptions to this policy and it applies to all products and services we provide.

 

Governing Law

 

This Agreement shall be treated as though executed, set in force, and performed in the Province of Ontario (Canada). Accordingly, it shall be governed and construed in accordance with the laws of Ontario in terms of those applicable to agreements, without regard to conflict of law principles.

 

Disputes

 

Any cause of action by you with respect to our passnplex.com website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Use. Any legal claim arising out of or relating to these Terms of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the Canadian Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Ontario. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

 

Modification

 

Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.

 

Assignability

 

Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Contra Preferentum

 

The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Use, as the Agreement shall be construed as having been co-authored by the parties.

 

Severability

 

Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.

 

This Agreement Prevails

 

To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

Waiver

 

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.

 

Our rights under these Terms of Use shall survive any termination of this agreement.

 

Any rights not expressly granted herein are reserved to passnplex.com.

 

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by passnplex.com, in order to protect you and our passnplex.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

 

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at passnplex.com have paid to license the use of these legal notices and administrative pages on passnplex.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

 

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our ‘contact us’ form.