User Agreement of Terms and Conditions prior to use of website, all content, services and products available at or through the website.
Terms of Service:
The following terms and conditions govern all use of www.spineandbrainadvocate.com website and all content, services and products available at or through the website (taken together, “the Website”). The Website is owned and operated by Spine and Brain Advocate. The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Spine and Brain Advocate.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Spine and Brain Advocate, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years of age or older.
- Your www.spineandbrainadvocate.com Account and Site. If you create an account, comment, purchase or download on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign anything in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Spine and Brain Advocate may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to cause Spine and Brain Advocate liability. You must immediately notify Spine and Brain Advocate of any unauthorized uses of your account or any other breaches of security. Spine and Brain Advocate will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you use the Website, comment or post material to the Website, post links on the Website or otherwise make or allow any third party to make material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party; if you have rights to intellectual property, you have either (i) received permission to post or make available the Content, including but not limited to any software, or (ii) secured a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine or randomly generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your account/post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; your account is not named in the manner that misleads people into thinking you are another person or company. For example, your account name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Spine and Brain Advocate or otherwise. By submitting content to Spine and Brain, you grant Spine and Brain Advocate a world-wide, royalty free, and non exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing information. If you delete Content, Spine and Brain Advocate will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representation or warranties, Spine and Brain Advocate has the right though not the obligation to, sole discretion (i) refuse or remove any content that, in Spine and Brain Advocate’s reasonable opinion, violates any Spine and Brain Advocate or is in any way harmful or objectionable or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Spine and Brain Advocate’s sole discretion. Spine and Brain Advocate will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal. General Terms. By selecting a product or service, you agree to pay Spine and Brain Advocate the one-time and or monthly or annual subscription fees indicated additional payment terms may be included in other communications. Payments are not refundable.
- Automatic Renewal At this time, there is no automatic renewal. You must renew your membership each year. See Membership under Products and Services for more details.
- Services. Fees. Payment. By signing up for an account you agree to pay Spine and Brain Advocate any applicable setup fees and any recurring fees that may be established in the future. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Spine and Brain Advocate reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to Spine and Brain Advocate customers.
- Support. Support means the ability to make requests for technical support assistance at any time within the scope of the Website. With reasonable efforts made by Spine and Brain Advocate to respond within two business days, support issues will be dealt with however limited. All support will be provided in accordance with Spine and Brain Advocate standard services practices, procedures and policies.
- Responsibility of Website Visitors. Spine and Brain Advocate has not reviewed and cannot review all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that materials’ content, use or effects. By operating the Website, Spine and Brain Advocate does not represent nor imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of their parties or the downloading, copying or se of which is subject to additional terms and conditions, stated or unstated. Spine and Brain Advocate disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review all of the material, including computer software, made available though the websites and webpages to which spineandbrainadvocate.com links, and that link to www.spineandbrainadvocate.com. Spine and Brain Advocate does not have any control over those non-Spine and Brain Advocate websites and webpages, and is not responsible for their contents or their use. By linking to a non-Spine and Brain Advocate website or webpage, Spine and Brain Advocate does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Spine and Brain Advocate disclaims any responsibility for any harm resulting from your use of non-Spine and Brain websites and webpages.
- Copyright Infringement and DMCA Policy. As Spine and Brain Advocate asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located or linked to by www.spineandbrainadvocate.com violates your copyright, you are encouraged to notify Spine and Brain Advocate in accordance with policy. Spine and Brain Advocate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Spine and Brain will terminate a visitor’s access to and use of the Website if under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property right of Spine and Brain Advocate or others. In the case of such termination, Spine and Brain Advocate will have no obligation to provide a refund of any amounts previously paid to Spine and Brain Advocate.
- Intellectual Property. All rights, titles and interests in and to such property will remain solely with Spine and Brain Advocate and spineandbrainadvocate.com and all other trademarks, service marks, graphics and logos used in connection with the Website. Your use of the Website grants you no right or license to reproduce or otherwise use any Spine and Brain Advocate or third-party trademarks.
- Advertisements. Spine and Brain Advocate reserves the right to display advertisements.
- Attribution. Spine and Brain Advocate reserves the right to display attribution links.
- Partner Products. By activating a partner product (e.g. a survey) from one of our partners, you agree to that partner’s terms of service.
- Changes. Spine and Brain Advocate reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. New features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Spine and Brain Advocate may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website and cancel your membership. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Spine and Brain Advocate if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Spine and Brain Advocate notice to you thereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Spine and Brain Advocate and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, for a particular purpose and non-infringement. Neither Spine and Brain Advocate nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Spine and Brain Advocate, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Spine and Brain Advocate under this agreement during the twelve (12) month period prior to the cause of action. Spine and Brain Advocate shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Spine and Brain Advocate, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Spine and Brain Advocate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Spine and Brain Advocate, or by the posting by Spine and Brain Advocate of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the province and federal courts located in Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the laws. The arbitration shall take place in Ontario, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Spine and Brain Advocate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Analytics: If you request a password reset, your IP address will be included in the reset email. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data: If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data: Visitor comments may be checked through an automated spam detection service.
Things you create or provide to us: When you create a Spine and Brain Advocate Account, you provide us with personal information that includes your name and a password. You can also choose to add a phone number or payment information to your account or complete one of our surveys. Even if you aren’t signed in to an Account, you might choose to provide us with information, like an email address to receive updates about our services. We also collect the content you create, upload, or receive from others when using our services. This includes things like email you write and receive, photos and videos you save, docs and spreadsheets you create, and comments you make.
Security. How we protect your data: We have build-in security into our services to protect your information. All Spine and Brain Advocate products are built with strong security features that continuously protect your information. The insights we gain from maintaining our services help us detect and automatically block security threats from ever reaching you. And if we do detect something risky that we think you should know about, we’ll notify you and help guide you through steps to stay better protected. We work hard to protect you and Spine and Brain Advocate from unauthorized access, alteration, disclosure, or destruction of information we hold, including: We use encryption to keep your data private while in transit. We offer a range of security features to help you protect your account. We review our information collection, storage, and processing practices to prevent unauthorized access to our systems. We restrict access to personal information to Spine and Brain Advocate employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
What data breach procedures we have in place: Spine and Brain Advocate complies with the data breach regulations under the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Personal Health Information Protection Act (PHIPA). Spine and Brain Advocate safeguards all related data and complies with Canadian federal and provincial laws, including ensuring privacy compliance, managing vendors and suppliers for potential liabilities and being prepared and responding in any case of a breach.
- Medical and Legal Disclaimer: The information provided in the website, products and services is not intended to replace or to be used as professional legal or medical advice. By using the website or purchasing products or services you acknowledge and agree that Spine and Brain Advocate may be doing administrative work at your request and on your behalf, you also acknowledge and agree that 3rd all parties may produce some products or services with errors or defects and which they cannot be held responsible for. Any product or service purchased must be at the approval of your own physician. The Spine and Brain Advocate is not responsible for any loss, damage, or injury arising from a person acting as a patient advocate, or a person using the information on or provided on this Website. Using this Website, its products and services means that you have read the entire agreement and accept this disclaimer.
Membership Terms & Conditions:
All members must adhere to the terms, conditions and policies posted on Spine and Brain Advocate’s website and membership product details.
Membership is valid for 1 year and begins on April 1st of every year and ends on March 31 of the following year. For example, if a member joins September 2021 or January 2022, regardless of when the member joins, all memberships end March 31, 2022. Membership must be renewed every year by each individual. Members must ensure their membership payments are made in full to avoid service interruptions.
By purchasing a membership, you are providing Spine and Brain Advocate with permission to email or contact you. Don’t worry, we won’t contact you unless it is important.
If a product or service is purchased without a membership, no person will be allowed to request membership discount afterwards.
A reminder will be send annually to all members to remind them to renew their membership however, membership will not be automatic.
All members must keep their contact information current up to date with Spine and Brain Advocate.
Be prepared to show valid membership and photo identification to Spine and Brain when requested.
At all times, respect Spine and Brain Advocate employees and members. Be respectful and professional at all times when communicating with staff or attending any events or participating in any of our forums. Do not use your membership as a means for engaging in criminal or illicit activity.
Natives Status Tax Exemption Policy: Members requesting a partial tax exemption (HST) can claim the tax exemption through the Ministry of Finance or whatever means for reimbursement is available in your province/state or Country.
Please contact Spine and Brain Advocate at least 10 days in advance if you require special accommodation due to a disability.
Spine and Brain Advocate has the right to revoke membership at any time, for any reason, including but not limited to failure to comply with the Member responsibilities and terms and conditions outlined in the website and on membership.
Unfortunately, Membership dues are nonrefundable.
Benefits, products and services are subject to change at any time without notice. Some products and services are subject to additional fees or may be only available within certain geographical areas.
Once you have purchased your membership, you must print your membership card and print your full name on the card to match the name that we have on Spine and Brain Advocate’s system.
The discount code to use on products and services will be noted on your Membership card. Membership Cards without a name or Membership Cards that do not match our Membership registry are not valid.
- Spine and Brain Advocate Client Services Agreement is a binding agreement between Spine and Brain Advocate Inc., a not-for-profit corporation governed by the laws of Canada and the entity you represent (“you” or the “Client” or the “Member”). This Agreement and Terms, Conditions and Policies governs your use of the Services defined below. By registering for or using the Services, you agree to be bound by the terms of this Agreement.
- Spine and Brain Advocate will provide Members and Clients with optional “value-added” services selected by Members/Clients to facilitate their healthcare needs in accordance with the terms of this Agreement, Terms, Conditions and Policies.
- Under absolutely no circumstances does Spine and Brain Advocate have authority to make decisions about any persons personal care (living arrangements, diet, grooming, spiritual matters, etc.). The information provided in the website, products and services is not intended to replace or to be used as professional legal or medical advice.
- Exercising assisted decision making duty a Representative’s first legal responsibility is to assist the adult, client or Member to make their own decisions. For example, Spine and Brain may act as a 3rd party to obtain 2nd Radiology Opinion so the adult. client or member can make their own choices. The information provided in the website, products and services is not intended to replace or to be used as professional legal or medical advice.
- Spine and Brain Advocate will keep records of the things they do while acting as a 3rd party Representative for up to 7 years and then it will be destroyed. The client or member may ask to see these, at which point Spine and Brain Advocate will produce them.
- The Representation Agreement Act states that Spine and Brain Advocate cannot delegate their authority as a representative to anyone else.
- Accessing information – As a Representative, Spine and Brain Advocate has a right to information and records provided by the client/adult/member, as long as these are related to the service being provided (e.g. 2nd Radiology Opinions) and the Spine and Brain Advocate will be paid for any additional out-of-pocket expenses.
- The Spine and Brain Advocate, acting as a paid 3rd party Representative is not responsible for making any health care decisions. Spine and Brain Advocate Representatives can be hired help and advice to carry out responsibilities within the scope of the Website’s Products and Services. The information provided in the website, products and services is not intended to replace or to be used as professional legal or medical advice.
- Once Radiology Reports have been sent to the Client/Member, the Spine and Brain Advocate acting as a 3rd party Representative is fully and completely terminated.
- Being protected from liability / Release of Liability – A representative is not be liable (legally responsible) for errors or damages provided by the Website or any Products or Services purchased by a client/member nor any product or services provided by 3rd party partners or suppliers of Spine and Brain Advocate. This is a legally binding 3 way agreement between the Client/Member/Adult/Donor, Spine and Brain Advocate and Any 3rd Party Radiologist involved in providing services. Clients/Adults/Members/Donor expressly agree to waive their right to sue an individual or organization involved for the injuries, losses or damages a Client/Member/Adult/Donor has suffered as a result of the information, actions, products or services provided by Brain and Spine Advocate. All parties fully understand the context of this waiver.
- All Donations, regardless of method of collection, will be held by Spine and Brain Advocate and will be segregated in Spine and Brain Advocate’s accounting system. This is the method for Cash Donations received from individuals, businesses or corporations for the Spine and Brain Advocate. Unfortunately, a Charity Receipt is not available at this time. 100% of cash donations go towards Spine and Brain Advocate’s goal of raising awareness of Craniocervical Junction Disorders and will support activities such as Fundraising Campaigns and lobbying government/healthcare systems for changes including fast and effective diagnosis and treatment options.
- Spine and Brain Advocate is a not-for-profit corporation. To support its service offerings and in consideration for the Services, Clients/Members/Donors will pay to Spine and Brain Advocate the applicable Transaction Fees. Spine and Brain Advocate reserves the right from time to time to change the Fees as well as to introduce new fees and charges.
- Spine and Brain Advocate will provide Members and Clients with optional “value-added” services selected by Members/Clients to facilitate their healthcare needs in accordance with the terms of this Agreement, Terms, Conditions and Policies.