Terms of Use

MyClientSchedule – Terms of Use

These terms of use constitute a binding agreement (the “Terms”) between you as a user of this website (the “Site”) and REA Inc. (“REA”), the owner of the Site. By reading and/or viewing the Site, by clicking on or through its pages, or by otherwise engaging in any use of the Site, you confirm to REA your agreement to these Terms.

1. The Site. The Site has two primary areas: a public area and a private user area. The public area is viewable to all internet users (“Public Users”) and contains various information related to MyClientSchedule, a software application for scheduling of medical and therapeutic appointments. The private user area of the Site is an online cloud-based portal in which client users (“Client Users”) may enter, store and retrieve scheduling data for their patient clients. There is also an area of the Site accessible by patient clients (“Patient Users”) where they may view and schedule appointments with Client Users. These Terms are equally applicable to all Public Users, Client Users and Patient Users (collectively “Users”), except where a distinction is made between such classes of Users, and your uses of the Site define of which class(es) of Users you belong.

2. REA is the exclusive owner of all right, title and interest in copyright, trademark, and patent in and to the Site and all of the material therein and produced therefrom (the “Site Materials”). Without limitation, the Site Materials include all web page layouts, design schemes, and elements, Site “look and feel”, text, images, logos, programming code, database elements, HTML code, URLs, email addresses, layout, arrangements, and compilations of such various Site elements. REA retains all rights in the Site Materials except where such Site Materials are specifically licensed to Users in writing. Without limiting the foregoing, Users shall not perform or attempt to perform reverse-engineering, alteration, copying or other manipulation of the Site or the code underlying the same.

3. Scope of User License. Users may not engage in any use of the Site or the Site Materials that exceeds the rights of use granted pursuant to these Terms or by specific grant on the Site. For further clarity, and without limitation, this means that Client Users: (a) may not use the Site for the storage of data other than that which is reasonably contemplated by the Site’s text, context and input fields; (b) may not allow third-party users (except for User’s officers, directors, employees, and legal and financial professionals, where such individuals are performing administrative services for the Client User) to use or access the Client User areas of the Site; (c) may not sub-license use of the Site to any third party or use the Site to perform scheduling services for third parties; (d) may not assign or sub-license any of its rights hereunder to any third party.

4. Limitation of Liability. The Site is designed to be one of the various methods utilized by Client Users of facilitating the scheduling of appointments between Client Users and Patient Users, and REA shall make reasonable efforts to ensure that the Site functions as intended. The Site is not intended to be the Client User’s or the Patient User’s sole or primary appointment scheduling system, and all such Users shall at all times maintain other primary appointment scheduling systems and records. REA shall not, in the event of any damages, losses, claims, demands or other liability sustained by any Users be responsible for same, unless such damages, losses, claims, demands or other liability are the direct result of REA’s intentional and malicious acts or omissions, and even in such a case REA’s liability shall be limited to the Fees (as defined below), if any, paid by the Users to REA in relation to the relevant time period of any intentionally malicious act or omission. Without limitation to the above, Users shall be responsible for at all times independently and redundantly backing-up and preserving their own data. Users acknowledge that use of the Site may cause applications, the Users’ system(s), and/or files installed and/or resident on Users computer(s) to either partly or fully cease function and/or become inaccessible. Furthermore, Users acknowledge that the Site’s functionality, like all programs and files, operates in a non-static environment, meaning that its operation may be hampered or halted by any change in Users’ computers’ configuration and/or data including, but not limited to: system and file changes resulting from the installation or de-installation of programs or files; program and system updates; malicious viruses or spyware; use of corrupt or unknown type files; hardware incompatibility or failure; heat or cold; system-caused changes; user-caused changes. REA shall have no obligation to monitor or review the contents of Users’ data.

5. Data Storage. REA shall have no obligation to store any of the Users’ data past the effective date of any termination hereunder.

6. REA shall make reasonable efforts to maintain continuously, problem-free service through the Site, however, Users acknowledge and agree that REA shall be relieved of its obligation to deliver functionality of the Site in the event of, and for the duration of, any unexpected (as opposed to unforeseeable) problem encountered by REA, and of any corruption, interruption, incompatibility problem, failure or malfunction of Users’ Data, computer(s), data storage device(s), network(s) or internet connection, and in the event of any force majeure which has the effect of limiting or interrupting REA’s ability to deliver the Site’s functionality to the Users, which force majeure shall include, without limitation, all those events commonly associated with the term force majeure as well as the failure, interruption or other malfunction of any third party system employed by REA to provide the Service.

7. Fees payable by Users to REA for use of the Site (the “Fees”) shall be payable in the amounts, and according to the schedules, set out on the Site, which amounts and schedules may change from time to time at REA’s sole discretion. All Fees are payable in advance of the term of use purchased. Unpaid Fees shall accumulate interest at the rate of 18% per annum, calculated daily, and the Fee shall include reasonable collection fees (including legal expenses and REA administrative fees).

8. Personal Information. By using the Site, Users consent to the reasonable collection, storage and use of all information submitted for the furtherance of the purposes for which such information is submitted. Users should refer to REA’s Privacy Policy for further information regarding REA’s collection, use, and disclosure of personal information.

9. Representations & Warranties. Users represent and warrantee to REA that they have the full right and capacity to enter into these Terms and that all data stored by them and, where a User is a Client User then by its Patient Users, does not and shall not contain any viruses or other malware, or contain anything that is obscene, libelous, infringing of any other person’s privacy or other rights, or otherwise illegal, and that Users have the right to use and store said data as contemplated herein.

10. Users shall indemnify and save harmless REA, its officers, directors, employees, agents and assigns, against any and all third party demands, claims, judgments and liabilities related to Users’ use of the Site, the data, and/or to any breach of these Terms or Users’ representations and warranties herein. Without limitation, such indemnity shall include all of REA’s expenses (including legal expenses and REA administrative fees) connected with any such third party demands, claims, judgments and liabilities.

11. Users may terminate the use of the Site at any time. Such termination shall not, however, relieve Users of Users’ payment obligations herein. REA may terminate these Terms and Users’ use of the Site without notice for a cause at any time for a breach by Users of their representations or warranties herein, or for any other breach, including but not limited to the failure of Users to meet their payment obligations herein. Where no such cause for termination exists, REA may terminate these Terms and Users’ use of the Site for any reason upon 20 days’ written notice to Users, provided REA refunds to Users, on a pro-rated basis, the Users’ pre-paid Fees for use of the Site for the period from the effective date of termination to the end of such pre-paid term. All of the Users` payment obligations, representations & warranties, and indemnities shall survive such termination.

12. Additional Terms. These Terms shall incorporate by reference all other terms, rules, policies, and agreements set out on the Site (“Additional Terms”), which Additional Terms may change from time to time in REA’s sole discretion. In the event of a conflict between these Terms and any Additional Terms, these Terms shall prevail.

13. Third-Party Requests for Data. In the event of a third party request or demand for access to Users’ data, REA shall not release such data in the absence of a clear legal obligation of REA to do so. REA shall have a right (but not an obligation) to require that any release of data not be performed until a court order is made for the same, by a court of competent jurisdiction. Users shall indemnify and save harmless REA for all costs, expenses and other liabilities (including legal expenses and REA administrative fees) resulting from any third-party request or demand for Users’ data.

14. If for any reason any provision of these Terms is adjudged by a court to be unenforceable, such adjudication shall in no way affect any other provision of these Terms or the validity or enforcement of the remainder of these Terms, and the affected provision shall be modified or curtailed only to the extent necessary to bring it into compliance with applicable law. All money amounts herein are in Canadian dollars. The division of these Terms into sections and paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms. Words importing the singular number only shall include the plural and vice versa. The rights of REA hereunder may be assigned at any time to any party by REA, but Users may not assign any rights hereunder without REA’s express written permission. The failure at any time of either party to require performance of any of the provisions of these Terms shall not affect the full right to require such performance at a later time. The waiver by either party of a breach of any provision shall not constitute a waiver of any preceding or subsequent breach of the same or any other provision of these Terms. Nothing in these Terms shall constitute a partnership, joint venture or employment relationship between the parties, or make any party the agent of the other. Each of the parties agrees not to hold itself out as a partner or agent of the other or otherwise in any manner contrary to these Terms by advertising or otherwise, and neither of the parties shall become liable or bound by any representation, act, omission or agreement whatsoever of the other that may be contrary to the provisions of these Terms. Neither of the parties shall have the right to enter into contracts or pledge the credit of or incur expenses or liabilities on behalf of the other party. Users confirm that they have received independent legal advice with respect to these Terms or have been given the opportunity to do so but have waived such right. These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, excluding choice of laws principles. The parties hereby acknowledge that they have required these Terms be drawn up in English. Les parties reconnaissent avoir exigé la rédaction en anglais de la présente convention.