Acceptance
It is important that you read all the following terms and conditions carefully.
This Terms of Use Agreement (“Agreement”) is a legal agreement between you and VanPsych, VanPsych and operator (“Owner”) of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. VanPsych may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
Emergencies
Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.
General information is not medical advice
The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician, psychologist or other qualified healthcare provider before embarking on a new treatment. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
No Fiduciary relationship
The presentation of general information on the Website does not establish a client relationship between you and VanPsych or any of the therapists, psychologists or physicians working for or associated with VanPsych. The Website is not intended as a solicitation of individuals to become patients or clients of the VanPsych or any of its physicians.
No endorsements
Unless specifically stated, VanPsych does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.
Email communication with the public
VanPsych does not wish to use this Website as a means of communication with the public regarding questions or issues of a medical nature or to establish physician-patient relationships. Email communications regarding such matters will not be responded to and will be discarded unread. If you are not an existing patient and you wish to contact VanPsych regarding medical questions or issues or with regard to appointments, treatments, or other questions, please do so by telephone or fax.
Disclaimer of warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While VanPsych endeavours to provide information that is correct, accurate, current, and timely, VanPsych makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content
will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
Limitation of liability
In no event shall VanPsych, its physicians, psychologists, councilors, officers, directors, employees, agents, licensors, and their respective successors and assignees be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the VanPsych knew of or ought to have known of the possibility of such damages.
VanPsych also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances VanPsych, its physicians, psychologists, councilors, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the VanPsych knew of or ought to have known of the possibility of such damages
Indemnity
You agree to indemnify, defend, and hold harmless VanPsych, its physicians, psychologists, councilors, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website
Use of the Website
VanPsych authorizes you to access and use the Website for your personal noncommercial use in Canada in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only for residents of Canada.
Copyright
The Content is protected by copyright law and is owned by VanPsych and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of VanPsych.
Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and non-exclusive licence to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern.
Linking
The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by VanPsych of any third-party Website or the content thereof. Unless expressly stated, VanPsych does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components. While VanPsych encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of VanPsych; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. VanPsych reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of VanPsych.
Security
Any information sent or received over the Internet is generally not secure. VanPsych cannot guarantee the security or confidentiality of any communication to or from the Website.
Modification to Website
VanPsych reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof ) with or without notice to you. VanPsych shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction
The Website is operated by VanPsych from its offices within the province of
British Columbia, Canada. Dr. Kyle Burns and Dr. Carl Wiebe are licensed by the College of Physicians and Surgeons of British Columbiato practise medicine in British Columbia . You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province of BC and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of British Columbia with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of British Columbia and of Canada.
Waiver
Any consent by VanPsych to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Termination
VanPsych may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. VanPsych shall not be liable to any party for such termination.
Entire Agreement
This is the entire Agreement between you and the VanPsych relating to your access and use of the Website.