Not medical advice
The 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 thereof. Always seek the advice of a physician or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical conditions 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 or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
Do not use the Website 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 Website.
No physician-patient relationships
The presentation of information on the Website does not establish a physician-patient relationship between you and the Owner (or any of its physicians or other qualified health care providers) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians or other qualified health care providers).
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.
Due to the insecure nature of email communication, the Owner does not wish to use this Website as a means of communication with the public or patients (i) regarding questions or issues of a medical nature; (ii) to establish physician/patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services or similar matters. Email communications regarding such matters or containing personal health information or other sensitive personal information, including financial information, will not be responded to and will be destroyed. If you wish to contact the Owner or its physicians or other qualified health care providers regarding medical questions or issues or with regard to appointments, accounts or other questions please do so by telephone, fax or regular mail in the manner set out in the Website.
The Website and the Content are provided “AS IS”. While the Owner endeavours to provide information that is correct, accurate, current and timely, to the maximum extent permitted by law, the Owner makes no representation, 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 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) the operation of the Website will be uninterrupted or error-free; (iv) defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) the Website will be free from viruses or harmful components; and (vi) 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
To the maximum extent permitted by law, the Owner, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and its and their respective successors and assigns shall not be liable for injuries, losses or 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 Owner knew of or ought to have known of the possibility of such damages.
The Owner also expressly disclaims, to the maximum extent permitted by law, 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 shall the Owner, its physicians, other qualified health care providers, 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 owner knew of or ought to have known of the possibility of such damages.
You agree to indemnify, defend and hold harmless the Owner, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and its 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 this Website.
The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licenses 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 the Owner.
Subject to the terms and conditions of the 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 special Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
MyCycl, Cycl and Cycl Labs are official marks which the Owner is licensed to use. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services or business of the owner of the said trademark.
Linking to Third Party Websites
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party website and the content thereof, unless specifically stated. Unless expressly stated, the Owner does not operate any third-party website and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty, condition or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation, warranty, condition 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, condition 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.
Linking to the Website
While the Owner 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 the Owner, 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 constitutes an infringement of copyright, trademark or other proprietary rights. The Owner 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 the Owner.
Browser information collected on the Website
The Website collects statistical information through a log file. This generates a monthly report that indicates which pages were visited and how frequently, referring pages, and IP addresses. Individual identities cannot be determined from these reports. The developers of this Website use and disclose this information, including your IP address, to develop further content and features for the Website. Software license and ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“software”) is protected by copyright and may be protected by other rights. All such software is owned by the Owner, its licensors or the party accredited with ownership of such software. You are hereby granted the right to access and use the software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such software. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download or transmit the software in whole or in part, (ii) sell, rent, lease, licenses, transfer or otherwise provide access to the software, (iii) alter, remove, or cover any trademarks or proprietary notices including from the software, and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the software or assist others in doing so. Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any software embedded or integrated into the Website or made available for download from the Website, including, but not limited to any intellectual property rights in the software.
All software embedded or integrated into the Website is provided “as is”, without warranties or conditions of any kind, either expressed or implied, including, without limitation, any warranty or condition (i) that the software is of merchantable quality and/or is fit for any particular purpose, (ii) that the software will conform with any specification(s) relating to the software, (iii) that the software will be free from material defects, (iv) that the software contains no computer viruses or other contaminants, or (v) that the software shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
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 Website.
Modification to the Website
The Owner 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 notice to you. The Owner 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 in connection with your access and use of the Website and any of the Content. 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 the Owner in the state of California. You agree that all matters relating to your access, or use of the Website and its Content shall be governed by the laws of California, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of California 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 California.
Any consent by the Owner 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.
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 the Agreement.
Questions or comments regarding the Website should be directed by email to firstname.lastname@example.org.
The Owner 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. The Owner shall not be liable to any party for such termination.
This is the entire Agreement between you and the Owner relating to your access and use of the Website.