Terms and Conditions
Use and Restrictions:
Except as set forth herein, You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, display, post, disseminate, distribute, publish, broadcast, transfer, transmit, perform, create derivative works from, sell or sublicense the Content without the express written consent of PesoRama. These prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
PesoRama is not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, the Website or any Content rests with You. You further agree that PesoRama shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Website or any Content.
Intellectual Property Rights:
The Website is owned and operated by PesoRama. The Website and all of the Content are, and at all times remain, the property of PesoRama, its affiliates or third-party licensors. The Website and all of the Content are protected by Canadian, United States and international intellectual property laws. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by PesoRama may be subject to additional restrictions.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of Chartwell (the “PesoRama IP”) or third parties (the “Third Party IP”). PesoRama is, and at all times remains, the sole owner of the PesoRama IP. The display of the Content, the PesoRama IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the PesoRama IP or the Third Party IP. Use of any of the Content, the PesoRama IP or the Third Party IP, without the prior written consent of Chartwell, is strictly prohibited.
Third Party Websites and Content Linked to the Website:
The Website may contain links to third party websites or content posted on third party websites (the “Links”). PesoRama provides the Links only as a convenience to help You identify and locate other Internet resources that may be of interest.
You acknowledge that in providing the Links PesoRama:
does not endorse any third party website or content accessible via the Links; does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website or content; does not make any representation or warranty of any kind regarding the Links; is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that You are solely responsible for:
taking all protective measures to guard against viruses and other destructive elements; abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website on Third Party Websites:
If You want to include a link to the Website on your website, You must:
provide PesoRama with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and obtain the prior written consent of PesoRama to establish the Third Party Link and abide by any terms and conditions required by PesoRama as part of its consent.
PesoRama may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to You. Upon exercise of this right by PesoRama, You must immediately remove all of your links to the Website. If You refuse or neglect to remove all of your links to the Website, You acknowledge that such refusal or neglect will result in immediate and irreparable damage to PesoRama and that PesoRama shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
PesoRama is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
Registration, Account and Password:
Access to certain Content on the Website may require registration or subscription. Should You choose to register or subscribe for any such Content, You agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
maintaining the confidentiality of any passwords or other account identifiers which You choose or are assigned as a result of any registration or subscription process; and all activities that occur under your account or password.
You further agree to:
notify PesoRama immediately of any unauthorized use of your password or account; and ensure that You log out of your account and close your browser window upon completing your use of the Website.
Content Supplied by Users:
The Website may provide various services that permit You and other users to submit, upload, post or otherwise make available, and/or store, Content on the Website and that may or may not be viewed by You or other users.
You agree not to upload, post, e-mail, store or otherwise transmit any Content that:
As a condition of transmitting Content to the Website, you agree that:
Ratings and Reviews:You agree that:
All of Your reviews and ratings will either be based upon (i) Your actual first-hand experiences with PesoRama’s properties and services You are reviewing or (ii) an individual’s first-hand experience and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of such individual; All of Your reviews and ratings of PesoRama’s properties and services will be accurate, honest, truthful, and complete in all respects; If You are a current or former director, officer, manager, agent or any other employee of PesoRama, You will disclose this fact when you review or rate; You will not submit reviews that comment on other users or the reviews of other users; Chartwell reserves the right to change, comment on, remove or delete any rating or review on its Website that Chartwell deems, for any reason and in its sole discretion, to be necessary; The reviews and ratings that You provide do not reflect the views of PesoRama, its directors, officers, managers, agents, or other employees.
Content provided by third party users
PesoRama Master Care LP makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of third parties (“Third Party Content”) and disclaims any liability arising out of or relating to this Third Party Content and the information contained herein. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this website.
You expressly understand and agree that:
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL PesoRama, OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
Your Representations and Warranties:
You represent and warrant that:
You agree to defend, indemnify and hold harmless each of PesoRama, its affiliates and each of their respective directors, trustees, officers, employees, and agents from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
Changes to the Website:
Choice of Law:
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of law principles. PesoRama and You each agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
Changes & Termination:
PesoRama 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. Further, You acknowledge and agree that PesoRama may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or any of your registrations or subscriptions with the Website.
Upon suspension or termination, PesoRama may remove and discard any Content related to You or your use of the Website and You must discard any link You maintain from your website to the Website. You agree that PesoRama will not be liable to You or any other individual or entity as a result of any such suspension or termination.