Terms Of Service and Privacy Policy

Terms of Use Agreement
The following Terms of Use Agreement sets out your rights and obligations in respect of your use of the drsamgerstein.com Website.

Acceptance
It is important that you read the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Dr. Sam Gerstein (or Dr. Gerstein), the owner and operator 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, text, images, 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, including without limitation the Privacy Notice set out below. If you do not accept these terms and conditions, you must not access or use the Website. Dr. Gerstein 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.

Not medical advice
The information provided on the Web site is for informational purposes only and is not professional medical advice, psychotherapy, diagnosis, treatment or care, nor is it intended to be a substitute therefor. Always seek the advice of a physician, psychiatrist, psychotherapist or other qualified health provider properly licensed to practise medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from this Web site 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 Web site. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

Medical emergency

Do not use the Web site for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Web site.

No physician-patient relationship

The presentation of information on the Web site does not establish a physician-patient relationship between you and the Owner and is not intended as a solicitation of individuals to become patients or clients of the Owner.

No endorsements

Unless specifically stated, the Owner 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.

Notice to the public
Dr. Gerstein does not wish to use this Website as an interactive forum of exchange with the public with regard to questions or issues of a medical nature. Unsolicited e-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact Dr. Gerstein, please do so by telephone, fax or email in the manner set out on the Website. Media and other inquiries of a general nature may be forwarded to the appropriate email address listed on the Contact The Doctor page.

Disclaimer of warranties
The Website and the Content is provided “AS IS” and “AS AVAILABLE” without representation, warranty, condition or covenant of any kind, expressed or implied. While Dr. Gerstein tries to provide information that is correct, accurate, complete, current, reliable, and timely, Dr. Gerstein makes no representations, warranties, conditions, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, condition, or covenant that (i) the Website or Content will always be correct, accurate, complete, current, reliable, or timely, (ii) that the operation of the Website will always be uninterrupted or error-free, (iii) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected, (iv) that the Website will be free from viruses or harmful components, and (v) 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 Web site and the Content is entirely at your own risk and liability.

Limitation of liability
In no event shall Dr. Gerstein, his employees, agents, licensors, suppliers and their respective successors and assigns 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 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 Dr. Gerstein knew of or ought to have known of the possibility of such damages.

Indemnity

You agree to indemnify, defend and hold harmless the Owner and its physicians, 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 Web site, the Content or any Web site to which the Web site 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 Web site.

Use of the Website
Dr. Gerstein authorizes you to access and use the Website for your personal non-commercial use in Canada in accordance with the terms and conditions of this Agreement.

Copyright
The Website and the Content are protected by copyright and other intellectual property laws and is owned by Dr. Gerstein and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Website or its Content, including modification, transmission, publication, 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 Dr. Gerstein.

Limited license
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license 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 specific license governing specific Content and this Agreement, the terms of the specific license shall govern.

Trade-marks
Specific names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of Dr. Gerstein or third parties. While certain trade-marks of third parties may be used by Dr. Gerstein under license, the display of third-party trade-marks on the Website should not be taken to imply any relationship or license between Dr. Gerstein and the owner of the trade-mark or to imply that Dr. Gerstein endorses the products, services, procedures, business, or other information of the owner of the said trade-mark.

Linking
The Website may contain links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by Dr. Gerstein of any third-party Website or the content thereof. Dr. Gerstein does not make any representation, warranty, condition, or covenant of any kind regarding any third-party Website including, without limitation, any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party Websites, (ii) 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) 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 Dr. Gerstein 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 offence, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Dr. Gerstein, 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, trade-mark or other proprietary rights. Dr. Gerstein 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 Dr. Gerstein.

Modification to the Website
Dr. Gerstein reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without written notice. You agree that Dr. Gerstein shall not be liable to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.

Downtime
You acknowledge that the Website and any part thereof may be periodically unavailable in order to allow for maintenance.

Unauthorized use
Unauthorized attempts to defeat or circumvent security features, to use Dr. Gerstein system for other than intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation are not permitted. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of Canada or such other jurisdictions as may apply.

Waiver
Any consent by Dr. Gerstein 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

Dr. Gerstein may, in its sole discretion, terminate or suspend your right to use the Website, or any part of the Website, at any time without notice. In the event of such termination, or suspension, you are no longer authorized to access, view or use the Website, or the part of the Website affected by such termination or suspension. The restrictions imposed on you with respect to material downloaded from the Website, the disclaimers and the limitation of liability set forth in this Agreement, shall survive termination or suspension of this Agreement for any cause. Dr. Gerstein shall not be liable to you or any other party for such termination or suspension.

Governing law and jurisdiction
The Website is operated by Dr. Gerstein from his office in the province of Ontario, Canada. Dr. Gerstein is licensed by The College of Physicians and Surgeons of Canada to practise medicine in Ontario. 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 Ontario 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 Ontario 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.

Security

Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Web site.

Use prohibited where contrary to law
Use of this Web site is unauthorized in any jurisdiction where the Web site or any of the Content may violate any laws or regulations. You agree not to access or use the Web site 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.

Website Privacy Notice
Dr. Gerstein is dedicated to maintaining high standards of confidentiality with respect to information entrusted to it, including that received via this website. This Notice has been prepared to inform you of DR. Gerstein practices concerning the collection, use and disclosure of information about identified individuals, or individuals whose identity may be inferred or determined from the information (“Personal Information”) provided to Dr. Gerstein via the use of this website only.

In browsing the Internet, you will encounter a technology called “cookies” which can be used to provide you with specific information from a website. A “cookie” is an element of data that a website can send to your browser, which may then store it on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to block all cookies.

A visitor to this website is not required to reveal any individually identifiable information, such as name, address, or telephone number. Nor is such information collected passively by electronic means.
Dr. Gerstein (and his staff) will not share or disclose any information about the identity of individuals, wither inferred or collected with any individual , corporation or business. This website also collects and aggregates information regarding which pages are being accessed. This information, only in aggregate form, is used internally to serve visitors better by helping Dr. Gerstein to manage this website, diagnose any technical problems, and improve the Content.

Please note that for security purposes and to ensure that this website remains available for use, Dr. Gerstein employs software programs to monitor network traffic, to identify unauthorized attempts to upload or change information, and to prevent denial-of-service attacks or other attacks intended to cause damage.
Dr. Gerstein retains the right to use non-identifiable information in any ethical way that it determines appropriate.

Privacy Officer
If you have any questions about access to your personal information, our collection, use, management or disclosure of Personal Information or Dr. Gerstein’s Privacy Policy, please contact the Privacy Officer at mhoffer [at] rogers [dot] com.

Notice
Questions or comments regarding the Website, arising from the media or of a general information nature may be directed by e-mail to mhoffer [at] rogers [dot] com.

Entire agreement
This Agreement, which includes a Privacy Notice, is the entire Agreement between you and Dr. Gerstein relating to your access and use of the Website.

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