Terms of Use

Welcome to the Service First Health Website, which is owned by Service First Health. and its affiliates. These Website Terms of Use govern your access and use of the Service First Health Website on which these Website Terms of Use appear. These Website Terms of Use apply to the contents and information contained in the Service First Health Website (collectively, “Content”).

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By accepting these Website Terms of Use, you confirm having read and understood them. You should be at least 18 years of age to access the Service First Health Website. You agree that these Website Terms of Use and our Privacy Policy contained separately on the Service First Health Website are legally binding. If you do not agree with these Website Terms of Use or our Privacy Policy, then you must NOT access or use the Service First Health Website or the Content.

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Please note that these Website Terms of Use do not address the provision of any health services that you may receive through Service First Health or its affiliates and clinicians. Those services are subject to separate terms and conditions.

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Service First Health provides the Service First Health Website through which you can learn something about the various services we offer through our licensed clinicians. You do not have to be a client of Service First Health to access the Content.

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The Service First Health Website is strictly an informational site. It is not an e-commerce site, and you cannot make a contract for health services through the site or order services through the site. Although the Service First Health Website has a communications link, we do not guarantee to answer every query. You cannot make an appointment through the Service First Health Website.

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The function of the Service First Health Website is to describe the health services offered by Service First Health clinicians. The Service First Health Website is not a diagnostic site, and no Content that you access through the Service First Health Website can be considered to be medical advice.

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NO CONTENT OF THE Service First Health WEBSITE PROVIDES ANY MEDICAL ADVICE OR SPECIFIC HEALTH INFORMATION FOR YOUR PERSONAL BENEFIT. ANY HEALTH INFORMATION IN THE CONTENT IS OF A GENERAL NATURE THAT IS APPLICABLE TO MOST, BUT NOT ALL, PEOPLE. Service First Health MAKES NO REPRESENTATIONS AND GIVES NO ADVICE REGARDING ANY HEALTH BENEFITS, RISKS, OR HEALTH INFORMATION RELATING TO OVER-THE-COUNTER DRUG PRODUCTS OR MEDICAMENTS, AND HAS NO RESPONSIBILITY OR LIABILITY THEREFOR. SERVICE FIRST HEALTH ASSUMES NO OBLIGATION TO UPDATE THE CONTENT. THE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. Service First Health IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. SERVICE FIRST HEALTH DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM JURISDICTIONS WHERE SOME OF THE CONTENT MAY BE ILLEGAL IS PROHIBITED.

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The security of your personal information is as important to us as it is to you. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

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Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Service First Health Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service First Health Website.

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The safety and security of your information also depend on you. You are responsible for obtaining you own access to the Service First Health Website. You must therefore ensure that all persons who access the Service First Health Website through your Internet connection are aware of these Website Terms of Use and comply with them. Certain Content or areas of the Service First Health Website may require user registration. It is a condition of your use of the Service First Health Website that all the information you provide to us is correct, current, and complete.

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You are authorized to use the Service First Health Website and download the Content contained in it solely for your personal interest. You do not have the right to re-publish any of the Content.

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Any copying, reproduction, publication, downloading for non-personal use, coding, modification, translation, interpretation, exhibition, distribution, transmission or media distribution of the Content without Service First Health’ prior, explicit and written authorization are expressly prohibited. Copyrights and all other rights relating to the Content belong to Service First Health, and Service First Health expressly reserves all of its rights to exercise all actions, both civil and criminal, to safeguard its rights over its intellectual and industrial property (including copyright) in the Content, the Service First Health Website and Service First Health business.

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With the exception of information you give us to open a client record (discussed in section 6 below – “Client Record”), you expressly accept that all information that you may share through the Service First Health Website may be used by Service First Health for the purposes of the operation of its business and as part of the Content of the Service First Health Website. Therefore, do not share via the Service First Health Website any information that you wish to remain private. We will review information from time to time that is shared by users, but possibly not frequently enough to remove information that you did not intend to share. If you should accidentally share information that you did not intend to share, please either call us at +1 (888)370-8690 or email us at info@servicefirsthealth.ca and we will remove it as promptly as possible.

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Service First Health may provide links, in its sole discretion, to other Internet sites or networks. The content of such sites and networks is owned by third parties and such links are to other sites or networks that are maintained by them over which Service First Health exercises no control and for which Service First Health bears no liability or responsibility. These Website Terms of Use are not applicable to any third-party links, websites or networks, as those are governed by the policies of the third party. We encourage you to review the applicable third party policies before engaging in use of any third party link, website or network. Your correspondence or any other dealings with third parties are solely between you and the third parties.

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Service First Health will bear no responsibility for any inaccuracies, errors, or information, whether or not accurate, that are contained in any third party websites. YOU HEREBY RELEASE Service First Health, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CLINICIANS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES (“Service First Health PARTIES”), OF ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL COMPLAINTS, SUITS, ACTIONS, PROCEEDINGS, COSTS, CLAIMS, DAMAGES, DEMANDS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO LAWYER’S FEES AND LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT (COLLECTIVELY “CLAIMS”), THAT MAY ARISE AS A CONSEQUENCE OF YOUR USE OF THE SERICE FIRST HEALTH WEBSITE AND OF INFORMATION FOUND IN ANY THIRD-PARTY WEBSITE THAT LINKS TO THE SERVICE FIRST HEALTH WEBSITE.

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If you wish, you may become a client of Service First Health for purposes of receiving healthcare from one or more of our clinicians. In that case, we will ask you for information to identify you with certainty, including your name, address, email address, telephone number, job (if relevant to your health), next of kin and other information that is of use to our clinicians. Upon becoming a client of Service First Health, you will have a client record with us. Only one client record can be created for you, to avoid errors.

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Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you become an Service First Health client, your client record is personal to you and you agree not to provide any other person with access to the Service First Health Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure to logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

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You are prohibited from using the Service First Health Website in any manner that may: (i) dilute or depreciate the name and reputation of Service First Health or any of its clinicians, any trademarks or tradenames, partners, licensors, content providers, service providers or contractors of Service First Health, as applicable; (ii) interfere with any other persons’ use and enjoyment of the Service First Health Website or of the Internet generally; (iii) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Service First Health Website or any other internet resource or computer system; or (iv) disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission.

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You may not in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or upload any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Website Terms of Use and our Privacy Policy, nor may you promote any illegal activity, or advocate, promote, or assist any unlawful act through the Service First Health Website.

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You may not in any manner violate the terms of use of any third-party website that is linked to the Service First Health Website, including but not limited to, any third-party social media website.

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You may not upload any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Service First Health’ sole discretion. You must strictly avoid stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for their personal information.

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You may not upload any false, inaccurate, or misleading information or cause annoyance, inconvenience, or needless anxiety or upset, embarrass, or alarm any other person.

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You may not impersonate or attempt to impersonate an Service First Health employee or clinician, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

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You may not transmit or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

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You may not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service First Health Website, or which, as determined by us, may harm Service First Health or its clinicians or other users of the Service First Health Website or expose them to liability.

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You are prohibited from attempting to circumvent and from violating the security of the Website. Without limiting the generality of the foregoing sentence, you may not use any robot, spider, or other automatic device, process, or means to access the Service First Health Website for any purpose, including monitoring or copying any of the Content. You may not introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, attack the Service First Health Website via a denial-of-service attack, distributed denial-of-service attack, or flooding, mailbombing, or crashing, or otherwise attempting to interfere with the proper working of the Website.

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We reserve the right at any time and from time to time, to disable or terminate your client record, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

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THE USE OF THE SERVICE FIRST HEALTH WEBSITE AND THE SERVICES PROVIDED BY ECHELON WELLNESS ARE AT YOUR OWN RISK. SERVICE FIRST HEALTH DOES NOT REPRESENT OR WARRANT THAT THE Service First Health WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR THAT IT IS ALWAYS FREE FROM VIRUSES, MALWARE OR OTHER MALFUNCTIONING OR DANGEROUS SOFTWARE CODE. THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND SERVICE FIRST HEALTH DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-VIOLATION OF THIRD PARTY RIGHTS, MERCHANTABLE QUALITY, OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OF THE SERVICE FIRST HEALTH WEBSITE.

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THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE PLATFORM, OR SUBMISSIONS TO THE SERVICE FIRST HEALTH WEBSITE WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE Service First Health WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND SERVICE FIRST HEALTH AND SUPPLIERS AND CLINICIANS ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE SERVICE FIRST HEALTH WEBSITE, OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION OR PERSONAL INFORMATION, OR ANY MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE BY THIRD PARTIES THEREOF.

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Service First Health owns all intellectual property rights in the Echelon Wellness Website. You are granted a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Service First Health Website conditioned on your continued compliance with the terms and conditions of these Website Terms of Use and all applicable laws and regulations. Neither these Website Terms of Use nor your use of the Service First Health Website convey or grant to you any rights: (i) in or related to the Service First Health Website except for the limited licenses expressly granted herein; or (ii) to use or reference in any manner Service First Health company names, logos, product and service names, trademarks or services marks or those of any third party.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Service First Health BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OF THE SERVICE FIRST HEALTH WEBSITE OR FOR ANY INFORMATION, WEBSITE, NETWORK, PRODUCT, CONTENT, SERVICES OR MATERIALS AVAILABLE THROUGH THE Service First Health WEBSITE. THE TOTAL LIABILITY OF ECHELON WELLNESS FOR ANY REASON RELATED TO THE Service First Health WEBSITE OR THE SUSPENSION OR CANCELLATION OF THE ABILITY TO USE THE Service First Health WEBSITE, OR ANY OTHER REASON AT ALL, SHALL NOT EXCEED THE SUM OF TEN DOLLARS OF LAWFUL MONEY OF CANADA.

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Service First Health may modify or interrupt the Service First Health Website, or may modify, suspend or interrupt its access or support, for any reason or no reason, at its sole discretion, with or without notice, and with no responsibility towards you or any third party. Your account and your rights under these Website Terms of Use and your client record may be terminated by Service First Health upon any material breach by you of these obligations. You may terminate your client record at any time by simply notifying us as set out in the Service First Health Website.

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If there are any questions or doubts about the Website Terms of Use, including the Privacy Policy, the use of the Service First Health Website, or your client record, you may contact Service First Health via the email at:info@servicefirsthealth.ca Email messages received by Service First Health at such email address will be processed in a commercially reasonable manner.

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These Website Terms of Use have been made and will be construed and enforced solely in accordance with the laws of the Canadian Province in which you live, or, if you do not live in Canada, with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein.

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Injunctive Relief. you acknowledge that any breach, whether threatened or actual, of these Website Terms of Use, including, without limitation, with respect to unauthorized use of Service First Health’ proprietary rights or assets, will cause irreparable injury to Service First Health, that such injury would not be quantifiable in monetary damages, and that Service First Health would not have an adequate remedy with an award of damages. You therefore agree that Service First Health shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Website Terms of Use. You hereby waive any requirement that Service First Health post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Service First Health to enforce any provision of these Website Terms of Use.

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Severability. If any part of these Website Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the remainder of these Website Terms of Use shall continue in effect.

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Exclusions and Waivers. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Service First Health related to the Service First Health Website, the Content, or these Website Terms of Use. The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

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