Terms of Use
www.pearhealthcare.com (the “Website”) is owned and operated by Pear Healthcare Solutions Inc. (the “Company”).
By using this Website you signify your agreement with the following Terms Of Use and Privacy Policy of Company. If you do not agree with the following Terms Of Use and Privacy Policy, do not use this Website.
Use of Website Content: The content available through this Website, including all information, press releases, articles, reports, databases, graphics, interfaces, web pages, text, files, product names, company names, trade-marks, logos and tradenames contained herein (the “Content”), is the sole property of the Company or its clients/licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise specified on this Website, Content posted on and/or linked to or from this Website may be downloaded, displayed, reformatted and printed for non-commercial personal use only. Content owned by The Company’s clients and/or licensors, including without limitation any images posted herein, may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, or broadcast the Content in any form, by any means, in any media now known or hereafter created, or to circulate the Content, or to create derivative works based upon such Content, other than in the context in which such dissemination was intended.
The information and materials posted on this Website are not guaranteed to be complete, or up-to-date and The Company does not necessarily endorse information found on any website which is linked to or from this Website and is not acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites.
The Company cannot guarantee the confidentiality of any transaction or e-mail transmission from or via this Website. Any personal information which is monitored, gathered, collected or stored by The Company or provided to the Company by you shall be governed by and subject to the Company’s Privacy Policy as specified below.
You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of: (i) any information or other content You provide on or through this Website or which is sent to the Company by e-mail or other correspondence; or (ii) your use or misuse of the Content or this Website, including without limitation infringement claims.
The Company, this Website and the Content (excluding linked websites or content) are physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, the non-exclusive jurisdiction of the Ontario courts shall have jurisdiction. We expressly exclude the applicability of the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time.
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS CONTENT, OR RESULTING FROM LOSSES OR DAMAGES CAUSED TO YOU BY VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; LINKS TO THIRD PARTY WEBSITES, THE INTERNET BACKBONE, THIRD PARTY CONTENT AND/OR THIRD PARTY PRODUCTS OR SERVICES (AS MAY BE APPLICABLE).