WebCare.MD^TM Terms and Conditions

(Revision: April 5, 2005)

WebCare.MD^TM DOES NOT PROVIDE MEDICAL ADVICE AND IS INTENDED FOR INFORMATIONAL USE ONLY

Terms of Use (the "Terms")

1. The contents of the WebCare.MD^TM web site (the "Site"), including all text, graphics, images, information, and other material contained on the Site (the "Content") is for informational purposes only. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
2. ACCEPTANCE: Users accept the provisions of these Terms by visiting, viewing, downloading or otherwise using any page or component of the Site. If you do not accept these Terms, please exit this Site immediately. 
3. VOLUNTARY: Any access to this Site is voluntary. WebCare.MD^TM will regard all access as voluntary and at the sole risk of the user.
4. SEXUALLY EXPLICIT CONTENT: The Site may contain various articles on sexual health that are of a sexually explicit nature. If you find such material offensive, you may want to consider not using the Site.
5. NO RELATIONSHIP: Any use of the Site DOES NOT create or constitute any legal or medical relationship between a user of the Site and WebCare.MD^TM, or any employee of or other person associated with WebCare.MD^TM, beyond the terms discussed in the Terms.
6. LICENSE: WebCare.MD^TM authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2005, WebCare.MD^TM. All rights reserved" and any other copyright and proprietary rights notices that are contained within the Site.
7. INDEMNIFICATION: The user agrees to defend, indemnify and hold WebCare.MD^TM, its directors, officers, agents, employees and contractors, harmless from any claim, action, demand,  damage, liability or settlement, including legal and accounting fees, asserted by any third party due to or arising out of the user's use of, or conduct on, the Site.
8. WARRANTY: To the maximum extent permitted under applicable law, the Content is provided "as is" without any kind of warranty. Users accept full responsibility for determining whether the Content is suitable for any particular purpose and for protecting against any possible consequential damages. The use of the Site and its Content is at a user's own risk.
9. NO LIABILITY: When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of WebCare.MD^TM. Accordingly, WebCare.MD^TM assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
10. GENERAL DAMAGES: WebCare.MD^TM is not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of the Site, or inaccessibility of the Site whether from errors or omissions in the content of this Site or any other linked sites or for any other reason.
11. SPECIFIC DAMAGES: In no event will WebCare.MD^TM, its agents, its suppliers, or any third parties mentioned on the Site be liable for any damages including, without limitation, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Site or any of the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not WebCare.MD^TM, its agents, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. 
12. LIMITED DAMAGES: To the maximum extent under applicable law, WebCare.MD^TM, its agents, its suppliers, or any third parties mentioned on the Site will not be liable for any damages. In the event that any court of relevant jurisdiction finds the above sentence unenforceable, WebCare.MD^TM, its agents, its suppliers, or any third parties mentioned on the Site will be only liable to the extent of actual damages incurred by a user to a maximum of $500 USD.
13. LIMITATION PERIOD: Any claims arising in connection with the use of the Site or the Contents must be brought within one year of the date of the event giving rise to such action occurred. 
14. EXCLUSIVE REMEDIES: A user is limited to only those remedies provided under the Terms.
15. NO WARRANTY: WebCare.MD^TM does not represent or warrant that the Site, its server or any linked sites are free of any harmful materials including, but not limited to, any computer viruses and tag-along software. We do not represent or guarantee that the information on the Site or any site linked to the Site is accurate, reliable, complete, up-to-date, and appropriate for your specific situation.
16. INTELLECTUAL PROPERTY: Use of the Site does not transfer any intellectual property to the user. The Content is protected by copyright under United States, Canadian and foreign laws. Any use of the Site not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws. WebCare.MD^TM reserves all copyrights for content created by employees or those consulting and contracting for WebCare.MD^TM; additional content not directly emanating from WebCare.MD^TM employees or consultants, is provided under license(s).
17. NOTICE OF POSSIBLE COPYRIGHT INFRINGEMENT: If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting WebCare.MD^TM at copyright@webcare.md. You will be asked to provide specific details of your materials and of your person, before material is removed. You will also be required to provide additional statements including, but not limited to, statement of good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent or the law, and a statement that the information provided is accurate and under the penalty of perjury that you are the copyright owner or are authorized to act on the copyright owner's behalf.
18. SUBSCRIPTION AGREEMENTS: You use the Site's subscription-only services at your own risk, and you are personally responsible for verifying its suitability for your needs.
19. CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a service provided by subscription. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your account at the prices then in effect.
20. CREDIT REPORTING: You agree that WebCare.MD^TM may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your subscription.
21. MODIFICATION OF SUBSCRIPTION: WebCare.MD^TM reserves the right to modify or terminate membership plans, change prices, or institute new charges for any subscription service at any time with at least thirty (30) days' notice.
22. ADVERTISING: While WebCare.MD^TM may provide links to third-party web sites, WebCare.MD^TM does not recommend and does not endorse the content on any third-party web sites. WebCare.MD^TM is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.
23. REVISION: The Terms may be revised or amended by WebCare.MD^TM at any time, with notice given through the Site. These Terms are effective upon the date of revision.  Any continued use of the Site will be an acceptance of these revisions.
24. JURISDICTION: The Terms are governed by the laws of the Province of Alberta, Canada. You expressed agree to the exclusive jurisdiction for any dispute with WebCare.MD^TM, or in any way relating to your use of the Site, resides in the courts in the Province of Alberta, Canada and you expressly consent to the exercise of personal jurisdiction in the courts of the Province of Alberta, Canada in connection with any such dispute including any claim involving WebCare.MD^TM, its affiliates, subsidiaries, employees, contractors, agents, officers, directors, and providers.
25. SEVERABILITY:  If any provision or term of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms and those remaining provisions will remain in full force and effect.
26. DISPUTE RESOLUTION: WebCare.MD^TM does not consent to any form of dispute resolution, unless explicitly accepted in writing by an authorized officer of WebCare.MD^TM.
27. DISCONTINUE: We reserve the right at any time, without notice, to modify or discontinue, temporarily or permanently, this Site, or any part of this Site.
28. SURVIVAL AFTER TERMINATION: The following provisions of the Terms will survive the expiration or termination of this Agreement or any subscription:  7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 24, 25 and 26.
29. ENTIRE AGREEMENT: Except as otherwise provided, the Terms, the Disclaimer and the Privacy Policy constitute the entire agreement between WebCare.MD^TM and a user.