Copyright © 2019 Infotrust Corporation All Rights Reserved
2. Modifications. Infotrust reserves the right (in its sole discretion) to change, revise, amend, or modify the Terms at any time. You should review the Terms regularly. By accessing or using this Site or any Content or Infotrust Products and Services, you agree to be bound by, and comply with, the Terms then posted. If any modification is not acceptable to you, you must cease accessing and using this Site, the Content and any and all Infotrust Products and Services.
3. Medical and other Advice Not Provided. This Site and the Content are provided for informational purposes only. None of the Content is intended to be, nor will any of the Content be construed as being, in any way whatsoever, professional medical advice, health related advice, diagnosis or treatment or any other advice of a similar nature and are not substitutes for professional medical advice, diagnosis or treatment. Online information or resources should never replace training, knowledge, and diagnostic abilities of trained medical professionals. No one should act, or not act, on the basis of the Content. If you have or suspect you have any type of sleep related medical disorder, including sleep related breathing problems, or any other health problem, please consult your personal physician If you have or suspect you are experiencing a health emergency, please promptly visit a hospital emergency department in your area. Infotrust will assume no responsibility, and expressly disclaims any and all liability, for individuals who contravene this condition.
4. Accuracy and Currency of Content. The Content is provided for informational purposes only. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. The Content is current as of the date of first publication but may no longer be accurate as a result of the passage of time.
5. Account and Billing Information. In order to purchase Infotrust Products and Services, you must provide Infotrust with a valid, current, complete, and accurate method of payment acceptable to Infotrust (in its sole discretion), as indicated on the applicable page of this Site (the “Payment Method”). You will be required to provide Infotrust with all details of the Payment Method requested by Infotrust or this Site and update and correct such details with Infotrust so that the Payment Method is at all times valid, current, complete, accurate, and acceptable to Infotrust. You acknowledge and agree that Infotrust may store and use the information you provide for use in maintaining and billing fees to your Payment Method.
6. All Sales Final. All sales of Infotrust Products and Services are final, and the purchase price thereof is non-refundable. Any request for a refund for any portion of the purchase price of any Infotrust Products and Services will not be processed.
7. Communications Not Confidential. Infotrust does not guarantee the confidentiality of any communications made by you via email or otherwise by way of this Site.
8. Permitted Uses. You may access and use this Site and the Content only in accordance with the Terms and applicable law. Subject to the Terms and applicable law, you are permitted to access and use this Site and the Content only to display, save on your own computer, or download and print for your own personal non-commercial use only, provided that the Content is not modified in whole or in part and any and all copyright notices are retained unaltered (“Permitted Uses”). No Content may be reproduced, republished, or disseminated in any manner or form whatsoever without the prior written consent of Infotrust. By accessing or using this Site or the Content, or by displaying, downloading or printing a copy of any Content, you do not acquire any right or licence to this Site or the Content. All rights not expressly granted by Infotrust are expressly reserved by Infotrust.
9. Links. This Site may, for convenience, provide links to websites of other parties. The content in any website to which this Site provides a link is not provided by, or under the control of, Infotrust, and if you choose to access any such website, you do so entirely at your own risk. Infotrust does not endorse or republish any content contained on any website that links to, or may be linked from, this Site or provides any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon.
10. Infotrust Portals. This Site includes the Infotrust physician portal (the “Physician Portal”), which is intended for access and use by registered users who are licensed physicians and health care providers, including to refer clients and review client information and sleep reports, and the Infotrust client portal (the “Client Portal”), which is intended for access and use by registered users who are clients of Infotrust, including to fill out sleep questionnaires, provide personal information (including medical and health related information), purchase at-home sleep tests and telemedicine consults, and view sleep reports. The Physician Portal and the Client Portal are herein together referred to as the “Infotrust Portals” and each, individually, as an “Infotrust Portal”. The Infotrust Portals form an integral part of this Site and are governed by the Terms. By logging into, connecting to, or using an Infotrust Portal, you acknowledge that:
(a) any and all references in the Terms to this Site will refer to and include the Infotrust Portals;
(b) your access to, and use of, an Infotrust Portal is governed by the Terms;
(c) you have read and understood the Terms and agree to be bound by the Terms and to comply with all applicable laws, standards, and regulations regarding your conduct on such Infotrust Portal;
(d) your failure to comply with the Terms, as determined by Infotrust in its sole discretion, may result in the termination of your access to the Infotrust Portals and may also result in civil and/or criminal liability;
(e) the content provided on the Infotrust Portals, such as sleep study reports: (i) is for health care providers to use as an aid to diagnose sleep related medical conditions, such as sleep apnea; (ii) does not constitute professional medical advice; and (iii) is subject at all times to the clinical judgment of the applicable health care provider;
(f) by submitting your personal information through an Infotrust Portal, you consent and agree to the collection, use, and disclosure of such personal information;
(g) when entering patient information into an Infotrust Portal, you represent and warrant to and in favour of Infotrust that you have the applicable patient’s consent for disclosing such information to Infotrust;
(h) you may not impersonate any person or entity or provide false information on an Infotrust Portal, whether directly or indirectly;
(i) you may not interfere with or violate other users’ right to privacy and other rights or harvest or collect data or information about other users without their express consent;
(j) you may not use either Infotrust Portal for any unlawful or unauthorized purposes; and
(k) you may not submit or transmit to use through an Infotrust Portal any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, including content that infringes upon the Intellectual Property rights or privacy rights of any person, or any other unlawful content.
11. Independent Medical Evaluations. An independent medical evaluation, sometimes referred to as an independent medical examination (“IME”), is conducted strictly for the purpose of obtaining a third-party report (an “IME Report”). An IME is distinct from a regular physician-patient encounter and, as such, it does not obligate the independent medical examiner to interview, physically examine, treat, or provide health care to the examinee. Any and all IME Reports provided by Infotrust are prepared by independent third-party physicians (each, an “IME Physician”), each of whom is a qualified and licensed sleep physician by the College of Physicians and Surgeons of Ontario (CPSO), as described in the CPSO Sleep Medicine Practice Parameters & Facility Standards publication. An IME Report contains the unbiased, expert medical opinion of the IME Physician based on the IME Physician’s interpretation of the results of the individual’s home sleep study correlated with the individual’s comprehensive health and sleep questionnaire. By registering with Infotrust, accessing an Infotrust Portal and/or placing an order for a home sleep study with Infotrust, you: (a) provide your consent for Infotrust to provide the data and results of your home sleep testing, and the data from the accompanying submitted sleep-disordered questionnaire to IME Physicians for the purpose of preparing your IME Report, and for no other use; and (b) acknowledge and agree that Infotrust will have no liability whatsoever with respect to any IMEs or IME Reports. All data in connection with IMEs is protected by applicable privacy and security laws and regulations. An individual’s IME Report will be made available by Infotrust only to such individual, provided that such individual has registered with Infotrust and has access to an Infotrust Portal, and no copies will be provided to any other person or organization.
Infotrust has established a roster of independent sleep physicians to perform the independent medical evaluations to be provided to individuals that have requested such evaluations through sleeplab.com. Each rostered physician has agreed to provide independent medical evaluation services pursuant to an agreement with Infotrust in their capacity as a sleep physician qualified by the College of Physicians and Surgeons of Ontario (CPSO) in accordance with the CPSO Sleep Medicine Practice Parameters & Facility Standards publication or their equivalent in the relevant jurisdiction. These rostered physicians are not employees or agents of Infotrust and pursuant to their respective agreements with Infotrust are independently responsible for the performance of all physician services provided in connection with the interpretation of home sleep studies and/or sleep questionnaires and/or the production of any independent medical evaluations
12. Infotrust Social Media. This Site may, for convenience, provide links to Infotrust social media accounts, including without limitation Facebook, LinkedIn, Twitter, Instagram, and Pinterest (“Infotrust Social Media”). You acknowledge and agree that, to the extent that you access and use any Infotrust Social Media:
(a) any and all references in the Terms to this Site will refer to and include such Infotrust Social Media;
(b) your access to, and use of, Infotrust Social Media is governed by the Terms and the terms and conditions of the applicable third-party provider thereof;
(c) in the event of a conflict or inconsistency between the Terms and the terms and conditions of a third-party provider with respect to your access and use of the associated Infotrust Social Media, the terms and conditions of such third party provider may govern to the extent necessary to resolve such conflict or inconsistency;
(d) Infotrust Social Media may contain content of third parties that may not be subject to the control of Infotrust; and
(e) if you choose to access any Infotrust Social Media, you do so entirely at your own risk.
13. Prohibited Activities. You may not access this Site or use this Site or the Content in any way or for any purpose that is unlawful or that contravenes the Terms or applicable law. Without the prior written consent of Infotrust, you may not access this Site or use this Site or the Content for any purpose that is outside the scope of the Permitted Uses, or that violates the rights of Infotrust, any Infotrust personnel or any other person. Without limiting the foregoing, without such consent, you may not engage in, or perform, directly or indirectly, any of the following activities with this Site or the Content or any portion thereof:
(a) making available, distributing, displaying, posting, disseminating, publishing, republishing, re-transmitting, communicating to the public, or broadcasting;
(b) creating a derivative work, modifying, translating, selecting, arranging, merging, compiling, or otherwise combining with other data or other content or framing from or on another website;
(c) scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize, or manipulate any Content, whether by an automatic program or a manual process;
(d) selling, licensing, sublicensing, or engaging in any other commercial transaction relating to this Site, the Content or any reproduction of all or any portion thereof in any medium;
(e) decompiling, disassembling, reverse engineering, or other exploitation of this Site, its architecture or the underlying software or code; and
(f) any activity that is outside the scope of activity permitted by the Terms.
To seek permission in respect of any activity with this Site or the Content that is not permitted by the Terms, contact us directly via e-mail at email@example.com.
14. Infotrust Marks. Any and all trademarks, corporate names, business names and other trade names of Infotrust and its affiliates, including without limitation INFOTRUST™ and SLEEPLAB.COM™ and all logo, word, script or design versions thereof, in each case whether registrable or not, owned or used by Infotrust or any of its affiliates are trade-marks of Infotrust and/or its affiliates (the “Infotrust Marks”). Other trademarks, service marks, graphics, and logos used in connection with the Content or Infotrust Property may be the trademarks of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, including Infotrust Marks, or any use thereof.
15. Infotrust Property. Infotrust and/or its affiliates or their respective licensors own all right, title and interest in and to this Site (including without limitation the architecture, interface, templates and layout and webpages thereof), the Content, and all Infotrust Products and Services and any and all associated logos, designs, graphics, images, photographs, artwork, and other artistic works, editorial content, text, data, and other literary works, musical works, performances and other sounds, videos and all audio-visual works, software, including scripts and program code, and other materials and any and all selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (collectively, “Infotrust Property”), and you do not acquire any right, title or interest in or to any Infotrust Property. All Infotrust Property contains proprietary information and material that is protected by applicable law, including without limitation copyright law. You agree that you will not use any Infotrust Property in any way whatsoever, except as expressly permitted by the Terms. No portion of any Infotrust Property may be reproduced in any form or by any means, without the express prior written consent of Infotrust. You will not modify, rent, lease, loan, sell, distribute, or create derivative works based on any Infotrust Property in any manner, and you will not exploit any Infotrust brand or any Infortrust Marks in any unauthorized way whatsoever, including without limitation by trespass or burdening network capacity. Any and all copyrights in and to any Infotrust Property, including without limitation the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Infotrust, its affiliates and/or their respective licensors, who in each case reserve all their rights in law and equity. The use of any part of the Infotrust Property, except as expressly permitted pursuant to the Terms, is strictly prohibited and infringes on the intellectual property rights of Infotrust and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement. Notwithstanding any other provision of the Terms, Infotrust and its licensors reserve the right to change, suspend, remove, or disable access to any Infotrust Property at any time without notice. You acknowledge and agree that, in no event will Infotrust be liable for making any such changes. Infotrust may also impose limits on the use of or access to certain features or portions of Infotrust Property, in any case and without notice or liability.
16. Risks You Assume. Access to, and use of, this Site and the downloading of Content and the access and use of Infotrust Products and Services are done at your own risk. Infotrust does not represent, warrant, or guarantee that this Site or the Content is compatible with your computer systems or that this Site or the Content is or will be free of viruses, worms, trojan horses, or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of this Site or the Content.
17. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT: (A) THIS SITE AND THE CONTENT AND ALL INFOTRUST PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER; (B) ACCESS TO, AND USE OF, THIS SITE OR THE CONTENT OR ANY INFOTRUST PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK; (C) INFOTRUST DOES NOT ASSUME, AND WILL NOT HAVE, ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIS SITE OR THE CONTENT OR ANY INFOTRUST PRODUCTS AND SERVICES; (D) INFOTRUST WILL NOT BE RESPONSIBLE FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY E-MAIL OR PAYMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY PURCHASE OF INFOTRUST PRODUCTS AND SERVICES, ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF; AND (E) TO THE FULLEST EXTENT PERMITTED BY LAW, INFOTRUST DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED OR COLLATERAL, AND ANY AND ALL LIABILITY WITH RESPECT TO THIS SITE AND THE CONTENT AND ALL INFOTRUST PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT OR ANY INFOTRUST PRODUCTS AND SERVICES WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE.
18. LIMITATION OF LIABILITY. IN NO EVENT WILL INFOTRUST OR ANY INFOTRUST PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGINBLE OR INTANGIBLE HARM, IRREPERABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT INFOTRUST OR ANY INFOTRUST PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR THE CONTENT.
19. VIOLATION OF THE LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY ATTEMPT BY YOU OR ON YOUR BEHALF TO DELIBERATELY DAMAGE THIS SITE OR ANY OTHER WEBSITE OR LINKS OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SITE OR ANY INFOTRUST PRODUCTS AND SERVICES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, INFOTRUST RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
20. Entire Agreement. The Terms, including without limitation any documents expressly referenced in the terms, constitute the entire agreement between Infotrust and you pertaining to the subject matter thereof and supersede all prior or contemporaneous communications, proposals, agreements, or understandings, whether electronic, oral, or written, between you and Infotrust with respect to this Site, the Content or any Infotrust Property.
21. General Provisions. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by Infotrust to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms are determined to be void, invalid, or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination will not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.
22. Governing Law. The interpretation, validity, effect, and enforcement of the Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of this Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency, or physical location, or the location of the Infotrust office or any Infotrust Personnel with whom you may communicate or deal. This Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use. The United Nations “Convention on Contracts for the International Sale of Goods” or any similar or successor convention or law, will not be applied to the Terms or any transactions conducted pursuant to this Site. This Site and the Content and Infotrust Products and Services are intended for use only in jurisdictions where they may lawfully be provided for use.
23. Disputes. Any and all disputes arising out of or in connection with the Terms, or in respect of any legal relationship associated with or derived from the Terms, will be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You hereby consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any such action or proceeding and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
24. Injunctive and Equitable Relief. You acknowledge and agree that:
(a) your compliance with your obligations pursuant to the Terms is necessary to protect the intellectual property, proprietary information, business, goodwill and/or proprietary interests of Infotrust, its affiliates and their respective licensors;
(b) your breach of any such obligations will give rise to irreparable harm or injury to Infotrust its affiliates and/or their respective licensor that will not be adequately compensable with monetary damages;
(c) Infotrust may, in addition to any other remedy, enforce the performance of the Terms by way of equitable relief, including interim, interlocutory and/or final injunctive relief or specific performance, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made and without the requirement of posting a bond or other security; and
(d) notwithstanding that damages may be readily quantifiable, you agree to not plead sufficiency of damages as a defence in any such proceeding.