Welcome to www.dfsiime.com (the “Site”)! The Site is owned and operated by Dynamic Functional Solutions Inc. (“DFSI”, “we”, or “us”). DFSI offers medical services and assessment facilities throughout Canada. The Site is provided solely to assist users in gathering information regarding the medical services and assessment facilities offered by DFSI.
1. LEGAL AGREEMENT
1.3. Changes to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page for changes. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Site following the posting of any change(s) constitutes acceptance of those changes.
2. USE OF THE SITE
2.1. Use of the Site. The information on this Site is for your own personal informational purposes only. As a condition of your use of this Site, you represent and warrant that: (i) you have reached the age of majority in your province or territory of residence; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site in accordance with these Terms; and (iv) all information supplied by you on this Site is true, accurate, current, and complete.
2.2. Limited License Grant. Subject to your continued compliance with these Terms and the restrictions set out in Section 2.3 below, DFSI grants you a non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the Site and Site Materials (defined in Section 3) for your personal purposes.
2.3. Prohibited Activities. You are prohibited from using the Site or Site Materials: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) reproduce, duplicate, copy, sell, resell, or exploit the Site, access to the Site, or any portion of the Site without express written permission by us; (l) to transmit any advertising or promotional materials; or (m) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
2.4. Remedies Available to DFSI. You acknowledge and agree that the use of the Site or the Site Materials in violation of these Terms could cause irreparable harm to DFSI and that in the event of such unauthorized use, DFSI shall be entitled to an injunction in addition to any other remedies available at law or in equity.
2.5. Restriction of Use. DFSI may at any time, with or without prior notice, restrict or prohibit your access to or use of the Site and Site Materials for any reason, including for failure to comply with these Terms, for providing DFSI with untrue or inaccurate information about yourself, or for infringement upon DFSI’s proprietary rights. In addition, certain features of the Site may require your personal information in order to provide requested Site Materials. Accordingly, you acknowledge that any withdrawal of your consent to use your personal information may restrict your ability to use certain portions or features of the Site.
3. DFSI PROPRIETARY RIGHTS
3.1. Site Materials. The Site and all Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. As between you and DFSI, DFSI owns or holds the rights to the Site and all data, content, graphics, forms, artwork, images, photographs, functional components, software, documentation, and other material on, in, or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, organization, and enhancement of the Site Materials. Neither your use of the Site nor any Site Materials will create or grant you any rights in or to the Site or Site Materials. Any copies of the Site Materials made by you: (i) will be the exclusive property of DFSI, (ii) will be subject to these Terms; and (iii) must include all Brand Features (defined below) contained in the original.
3.2. Brand Features. Except for third party marks, as between you and DFSI, all names, trademarks, service marks, certification marks, symbols, icons, slogans, or logos appearing on the Site are proprietary to DFSI or its affiliates, licensors, or suppliers (“Brand Features”). Use or misuse of the Brand Features is expressly prohibited. Unless otherwise expressly authorized by DFSI in writing, you may not copy or use any Brand Features.
4. USER CONTENT
4.1. User Content. The Site offers opportunities for you to engage with us and other users. You are solely responsible for any content that you: (i) post, upload, or otherwise contribute to the Site (which may include, reports, referrals, questions, photos, videos, comments, suggestions, ideas, and/or other types of content); or (ii) post to “public spaces” that may be made available through the Site (e.g. public chat rooms, discussion groups, forums, etc.), including profile pictures, comments, and usernames (collectively, “User Content”). You are solely responsible for the compliance of such User Content with applicable laws. DFSI is not responsible for User Content nor does it endorse any opinion contained in any User Content. For clarity, we assume no liability for any User Content posted or submitted by any user.
4.2. User Content License Grant. In the event that you submit any User Content to the Site, you grant DFSI non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such User Content in any media, now known or hereafter devised.
4.3. Waiver of Rights. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in the User Content, if any, against DFSI, our assignees, our sublicensees, and their respective assignees in connection with our, those assignees’, and those sublicensees’ use of the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any moral rights or equivalent rights, such as your right to object to derogatory treatment of such User Content.
4.4. Feedback. If you provide feedback, ideas, or suggestions to DFSI in connection with the Site (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize DFSI to use such Feedback without restriction and without payment to you. For clarity, Feedback is considered User Content.
4.5. Removal of User Content. DFSI reserves the right to remove or disable access to any User Content for any or no reason. Without limiting the generality of the foregoing, we may, but have no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion to be a violation of these Terms, including your engagement in any prohibited activities in Section 2.2. DFSI may take these actions without prior notification to you or any third party.
5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
5.1. Accuracy of Information. All Site Materials and information are provided on an “as is” basis. We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
5.2. Modification of Site Materials. We reserve the right to modify or remove any Site Materials at any time. DFSI cannot and does not review all communications made available on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any Site Materials or the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice, in its sole discretion.
6.1. Third Party Applications. The Site is integrated with, or may otherwise interact with, certain third-party applications, websites, devices, tools, and services (“Third Party Applications”) to make the Site available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that DFSI does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications. DFSI does not warrant the compatibility or continuing compatibility of the Third Party Applications with the Site.
6.2. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SITE, THE SITE MATERIALS, INFORMATION, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, DFSI AND ITS SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DFSI AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SITE MATERIALS OR THE SITE: (I) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY PARTICULAR PURPOSE; (II) WILL BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT, OR COMPLETE; (III) WILL OPERATE AND BE AVAILABLE WITHOUT INTERRUPTIONS; OR (IV) WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, DFSI MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DFSI IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
7. LIMITATION OF LIABILITY & INDEMNIFICATION
7.1. DFSI Limitation of Liability. To the maximum extent permitted by law, in no event shall DFSI, its officers, directors, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any direct, indirect, consequential, incidental, exemplary, punitive, or special damages, including any damages characterized as lost revenue, lost savings, or lost profits, whether based in contract, tort (including negligence), or other legal or equitable basis, including, without limitation, damages for harm to business, loss of information or data, loss of goodwill, or other economic loss, arising from, or in connection with, your use of, or inability to use, the Site, any errors or omissions in any Site Materials, or any loss or damage of any kind incurred as a result of the use of the Site or any Site Materials posted, transmitted, or otherwise made available through the Site, even if DFSI has been advised of the possibility of such damages in advance.
7.2. Indemnification by You. You agree to indemnify, defend, and hold harmless DFSI and its officers, directors, employees, affiliates, agents, contractors, suppliers, or licensors, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms or the policies they incorporate by reference; (ii) your violation of any applicable laws or the rights of a third party; (iii) any User Content that you post, contribute, or otherwise submit on or through the Site; and (iv) any activity that you engage on or through the Site.
8. LINKING TO THE SITE
8.1. Linking to the Site. DFSI permits links to the homepage of the Site, provided that any references and links to the Site are fair, legal, and would not reasonably be deemed to damage or take advantage of our reputation. You may not link to the Site in a way that suggests or indicates any affiliation, association, or approval between you and DFSI where such affiliation, association, or approval does not exist. In addition, you must adhere to the following conditions if you link to the Site: (a) you may not establish a link from any website that is not owned by you; (b) you may not cause the Site or portions of the Site to be displayed, or appear to be displayed, on any website; (c) you may not link to any part of the Site other than the homepage; and (d) you may not take any action with respect to the Site Materials that is in violation of, or inconsistent with, any provision set out in these Terms. Where any link to the Site includes the use of a Brand Feature, the goodwill in such use shall accrue to the sole benefit of DFSI.
8.2. Removal of Links. You agree to immediately cease linking to the Site, and to remove any existing links to the Site, upon notice from DFSI. DFSI reserves the right to withdraw its permission to link to the Site, or to disable any links to the Site, at any time, without notice, at DFSI’s sole discretion.
9.1. Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, all without affecting the validity and enforceability of any other remaining provisions.
9.2. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
9.4. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto in the Province of Ontario.