The following Terms of Service govern the relationship between you and Swift Health Services (“we”, “us” or “our”) with regard to your use of this website (the “Site”). Your registration and/or use of our Site and our Services indicates your consent to the terms and conditions set out in the Terms of Service and in our Disclaimer set forth above (the “Agreement”). We may update this Agreement from time to time and you are responsible for periodically reviewing the most current version of this Agreement. Your continued use of this Site shall be deemed your conclusive acceptance of the updated Agreement.
Intellectual Property and Confidentiality
You acknowledge that the Services provided by this Site and all the software, material, information and other contents contained on or otherwise accessible through this Site (collectively, the “Content”) are the exclusive and proprietary property of Swift Health Services, our affiliates, suppliers and/or the party credited as the provider of such materials and information. You will not have or acquire any rights or interest in the Site or any of the Content accessed through the Site except as specifically set out in the Terms of Service. You further acknowledge that all trade marks, service marks and logos are the exclusive and proprietary property of Swift Health Services, our affiliates, suppliers and/or the party credited as the owner of such trade marks, service marks and logos and you will not have or acquire any rights or interest in any of such trade marks, service marks or logos.
The Site and the Content are protected by copyright both individually and as a collective work or compilation. Swift Health Services owns and retains the copyright in the Site and the Content. You may download any material from this Site, provided that you do not make any commercial use of or alter or amend any of that material (unless otherwise agreed to by us in writing), and provided that you attribute all material that you download from this Site to Swift Health Services or the authors indicated and that you keep in tact all copyright, trade mark or other proprietary notices.
You agree to grant to Swift Health Services a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as chatrooms, discussion boards, forums and other communities) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Swift Health Services for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
You acknowledge that the Content provided in the password protected portion of this Site is confidential and you agree to protect the confidentiality of such Content, and the proprietary rights of Swift Health Services (or the applicable party) in such Content by taking appropriate steps to maintain the security of your password and by not allowing any third party to access or view any of the Content or to use the Site.
Links on the Site
Links to third party websites are provided as a convenience only. The inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or the material contained within the linked website.
We may alter, modify and/or update the Site, including any of the Content, periodically, in our discretion. Such alterations, modifications or updates may include the addition or deletion of features, functionality, text, data or other content. We may also eliminate or cancel any part of the items of Content or categories of Content contained on the Site, at any time.
Your Use of the Site
By using this Site, you are representing to us that you have the power and authority to accept these Terms of Service and to enter into this agreement with us and that you understand and accept the terms, conditions and risks relating to the use of this Site. You are also representing to us that you are capable of assuming, and do assume, such risks and you agree to be bound by the Operating Policies set forth in Schedule A.
You further acknowledge and agree that: (i) the use of this Site by you may be restricted or limited as a result of federal, provincial, state or other applicable laws; and (ii) you will act in accordance with all such restrictions and limitations.
You will be solely responsible for all costs associated with accessing and using any Content and/or this Site, including without limitation, telecommunications, modems, Internet access, third-party software, equipment and any related maintenance services.
We may, in our sole discretion, restrict, suspend or terminate your access to this Site or any of the Content without notice to you.
Limitation of Liability and Disclaimer
THE INFORMATION, MATERIAL AND OTHER CONTENT ON THE SITE ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. WHILE WE TRY TO BE AS COMPLETE AND ACCURATE AS WE CAN IN SELECTING AND PREPARING THE CONTENT ON THIS SITE, ALL CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND AND WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND ARISING BY STATUTE OR OTHERWISE IN LAW WITH RESPECT TO THE CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AS TO CORRECTNESS, QUALITY, ACCURACY OR RELIABILITY OF THE SITE OR ANY OF ITS CONTENTS AND WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WE DO NOT INDEPENDENTLY VERIFY ANY OF THE INFORMATION CONTAINED ON THE SITE.
YOU ACKNOWLEDGE THAT ALL CONTENT ACCESSIBLE ON THIS SITE IS BEING PROVIDED TO YOU WITHOUT LIABILITY ON THE PART OF US OR OF OUR DIRECTORS OR OFFICERS, AND NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT IS BEING MADE BY US OR OUR DIRECTORS OR OFFICERS. YOU AGREE THAT NEITHER US NOR OUR DIRECTORS AND OFFICERS WILL HAVE ANY LIABILITY TO YOU AS A RESULT OF YOUR USE OF ANY CONTENT AND THIS SITE. WE EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING FROM THE USE OF THIS SITE, OR THE CONTENT.
Online Policy to Protect Personal Information
All personal and/or company information provided by you including without limitation, name, address, e-mail address or phone number in connection with the use of the Site will be treated in accordance with our Online Policy to Protect Personal Information.
The Terms of Service will be governed by the laws of the province of British Columbia and the laws of Canada applicable therein. Each party submits to the non-exclusive jurisdiction and venue of the courts of British Columbia, in order to enforce any provision of these Terms of Service and for any action or suit arising out of these Terms of Service.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
SWIFT HEALTH SERVICES DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, SWIFT HEALTH SERVICES RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER, OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO SWIFT HEALTH SERVICES AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
These operating policies govern your conduct on the Service. Your failure to comply with these policies may result in suspension or termination of your access to the Service and depending on the circumstances legal action against you.
You must be an individual at least 18 years of age to register and you must register on the Service under your own name. Please inform Swift Health Services promptly if there is a change in the information you provided to us at the time of registration, including change of address or name.
If and when you initially register for the Service, you will be asked to select a User ID and Password. Swift Health Services reserves the right to reject or change any User ID you select for any reason in its sole discretion.
Your participation in on-line communications (such as chatrooms, discussion boards, forums and other communities) occurs in real time and is not edited, censored or otherwise controlled by Swift Health Services. Swift Health Services cannot and does not screen content provided by you to the Service. Notwithstanding the foregoing, Swift Health Services reserves the right to monitor content on the Service (including, without limitation, in chatrooms, discussion boards, forums and other communities) and to remove content which Swift Health Services, in its sole discretion, determines to be harmful, offensive, unacceptable or otherwise in violation of these Operating Policies for users of the Service (“Members”).
Members may not post or transmit any message which is harmful, threatening, abusive or hateful. Swift Health Services reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Members may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. Members may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
Members may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Members may not post or transmit any advertising, promotional materials or any other solicitation of other Members to use or purchase goods or services except in those areas that are designated for such purpose.
Members may not post or transmit any message anonymously or under a false name. Members may not permit any other person (other than an agent acting on Member’s behalf and subject to Member’s supervision) to access the Service using Member’s account for any purpose.
Members may not knowingly post or transmit any file which contains viruses, worms, or any other contaminating or destructive features.
Members may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks.
Members may not send unsolicited mass e-mailings to other Members.
Members may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any activity which is illegal or which infringes on or violates the rights of others.