Terms of Use

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Last Updated: July 20, 2017

Please read these Terms & Conditions of Use (the “Agreement”) and our Privacy Policy (the “Privacy Policy”) fully and carefully before using www.townhallmedicine.com (the “Site”) and the videos, features, information and articles (collectively or individually, the “Content”) offered on the Site by Town Hall Medicine, Inc. (“THM”, “we”, “us” or “our”), subscribing to our Content, creating an account, and submitting information through this Site. This document sets forth a legally binding agreement with respect to your use of the Site and the Content. By doing any of the foregoing, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree with the entirety of this Agreement and our Privacy Policy, you are not authorized to use the Site or the Content and your sole remedy is to stop using the Site and the Content.

  1. ACCEPTANCE OF TERMS OF USE
    1. Your access to and use of this Site is subject to this Agreement and the Privacy Policy, as well as all applicable laws and regulations which apply to this Site and the Internet. By using the Site and/or any of the Content, subscribing to our Content, creating an account, and/or submitting information through this Site you are agreeing to be bound by this Agreement and our Privacy Policy, as they may be amended from time to time in the future. If you do not agree with this Agreement or the Privacy Policy, you must not use the Site or the Content.
    2. In order to enter into this Agreement, if you are an individual, you must have reached the legal age of majority in your jurisdiction of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
    3. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, you must not use the Site or the Content on behalf of such entity.
    4. This Agreement is subject to change at our sole discretion and at any time, and it is your responsibility to keep apprised of such changes. You should review this Agreement for amendments each time you use the Site or the Content. For your convenience, we include on this Agreement the last date this Agreement was updated. Any such change shall be effective immediately upon posting to this Site. Your continued access and/or use of this Site constitutes your continuing acceptance of this Agreement without reservation, limitation or qualification.
    5. The Content posted by us on the Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such Content is at your own risk. Your access and/or use of this Site is strictly on an “as is” basis, and you must not assume that this Site will be error free or that it will operate without interruption or as intended.
  2. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
    1. The material provided on this website, such as text, graphics, images, videos, and other material, is for informational purposes only. This material is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should not disregard professional medical advice or delay in seeking it because of something you have read on this website and you should consult with a health care provider if you have a medical condition.. We do not recommend or endorse any specific physicians, products, procedures, opinions, or other information that may be mentioned on this website and reliance on any information provided on this website is solely at your own risk.
    2. The Content of this Site is for informational purposes only. Content contained on this Site and references to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any Content on, or linked to, this Site is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the Content that is hereby published.
    3. The Content contained in this Site, or obtained as a consequence of using this Site is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Any user should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of information obtained from this Site. If you are a professional health care provider, you are required to make your own independent judgment and analysis of the Content of the Site. Reliance on any Content provided on this Site or provided by THM employees or others appearing on the Site at the invitation of THM is solely at your own risk.
    4. The Content contained in this Site or obtained as a consequence of using this Site is not intended to be used for emergencies. IF YOU OR ANY OTHER PERSON ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 911 IMMEDIATELY. The Content contained in this Site or obtained as a consequence of using this Site is not designed or intended for use in any situation where any kind of failure of or fault in the Site or any of its Content could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). You are not licensed to use the Site or its Content in, or in conjunction with, any High Risk Use. High Risk Use is STRICTLY PROHIBITED. You agree not to use the Site or its Content in, or in connection with, any High Risk Use.
    5. This Site may contain Content from third party sources. The views, opinions, recommendations or practices expressed in any Content available on the Site are those of the speaker or author and not, necessarily, of THM. The posting of this Content does not constitute an endorsement of the speaker’s or author’s views, opinions, recommendations, practices, or products or services.
  3. PROPRIETARY RIGHTS
    1. This Site contains the trademarks of THM, its affiliated parties and other third parties. All rights in respect of all of such trademarks are reserved.
    2. Everything you see or read on this Site is copyrighted unless otherwise noted, and nothing from this Site may be used by you except as provided in this Agreement or in the text on the Site without our prior written permission. We neither warrant nor represent that your use of Content displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with THM.
    3. Subject to this Agreement, THM grants to you during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose license to access and use the Content (i.e., to download and display locally) solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Use, reproduction, modification, distribution or storage of any Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
    4. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this Site without the written permission of THM or any third party that may own any such item displayed on the Site. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in this Agreement. THM will aggressively enforce its intellectual property rights to the fullest extent of the law should you breach any of this Agreement.
    5. THM exclusively owns all right, title and interest in and to (1) all aggregated, anonymous data and statistical information about the use of the Site and its Content (“Aggregated Information”), (2) all feedback, suggestions, enhancement requests and recommendations, as well as all content you generate or provide, that is posted on or submitted to the Site (“User Generated Content”), and (3) all of your personally identifiable information you provide to THM through the Site or its Content, including, without limitation, name, username, password, other log-in information, billing information and other contact information (“Personal Information”). We have no obligation to retain, provide you with copies of or protect the confidentiality of any Aggregated Information or User Generated Content. For information on how we collect, store, use and disclose Aggregated Information, User Generated Content, and Personal Information, please read our Privacy Policy.
    6. We neither request, accept, nor store personal health information as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) because our Site and its Content are not designed to solicit, store, or use such information. Please do not provide any such personal health information to THM through this Site or otherwise.
    7. COPYRIGHT INFRINGEMENT NOTICE
      We respect the intellectual property rights of our customers and third parties, and we comply with the United States’ Digital Millennium Copyright Act of 1988 (“DMCA”). This DMCA Policy addresses how we handle notices of alleged United States copyright infringement appearing on the Site.Notification.
      Pursuant to the DMCA, notifications (each, a “Notification”) of alleged copyright infringement appearing on the Site must be sent in writing to THM’s designated agent (“Designated Agent”) as follows:Town Hall Medicine, Inc.
      Attn: Designated Agent
      501-317 Adelaide St. W
      Toronto, Ontario
      M5V 1P9
      designatedagent@townhallmedicine.comPursuant to Title 17, U.S. Code, Section 512(c)(2), the Notification must include the following:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single Notification, a representative list of such works;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit THM to locate the material;
      4. Information reasonably sufficient to permit THM to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
      5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement under penalty of perjury that the information in the Notification is accurate and that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
      1. THM will remove or disable access to the material that is alleged to be infringing;
      2. THM will attempt to forward the written Notification to the alleged infringer; and
      3. THM will take reasonable steps to attempt to notify the alleged infringer that THM has removed or disabled access to the material.Counter Notification.
      Pursuant to Title 17, U.S. Code, Section 512(c)(2), a party may counter a Notification (“Counter Party”) by providing a written communication (each, a “Counter Notification”) to THM’s Designated Agent that includes substantially the following:
      1. A physical or electronic signature of the Counter Party;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement under penalty of perjury that the Counter Party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
      4. The Counter Party’s name, address, and telephone number; and
      5. A statement that the Counter Party consents to the jurisdiction of Federal District Court for the judicial district in which the Counter Party is located, or if the Counter Party’s address is outside of the U.S., for any judicial district in which the Site may be found, that the Counter Party will accept service of process from the person who provided the Notification or an agent of such person.Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
      1. THM will attempt to provide the Complaining Party with a copy of the Counter Notification;
      2. THM will attempt to inform the Complaining Party that THM will replace the removed material or cease disabling access to the removed material within ten (10) business days;
      3. THM will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided THM’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the party providing the Counter Notification from engaging in infringing activity relating to the removed material on THM’s network or system.Repeat Infringers.
      It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
  4. REGISTRATION & SUBSCRIPTION
    1. To have access to the majority of Content on the Site, you must first register and pay for a subscription account on the Site (your “Account”), unless the subscriber is provided free access which will be limited for a given period of time. Users who do not register and pay for an Account will only be able to access certain designated free Content on the Site. Paid subscriptions are valid until December 31, 2019 and provide you with unlimited access to the Content on the Site during that timeframe. You must provide accurate and complete information and keep your Account information updated. All Personal Information provided is dealt with in accordance with our Privacy Policy. THM reserves the right, but not the obligation, to contact you by telephone, text, in-app notification, email or mail to verify your Personal Information. To help prevent fraud, THM may either request further information before registering your account or reject your request to register for an account. You are solely responsible for any and all activity that occurs on your Account, and for keeping your Account username and password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. We may, but are not obligated, in our sole discretion and at any time, change your username or password upon notice to you to protect the integrity of our Content or protect your Account. You may never use another person’s user account or registration information for the Site without permission. You agree to never publish, distribute or post login information for your Account. Should you request to delete your Account, your Account will be fully deleted and will not be accessible for reactivation.
    2. THM may make available to you various payment processing methods to facilitate the purchase of your subscription via a third party payment processor (“Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor. We are not responsible for any error made by the Payment Processor. By choosing to purchase a subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such purchase in accordance with your chosen payment method and you authorize us, through the Payment Processor, to charge your chosen payment method.
  5. SUBMISSIONS
    1. Any communication or material you transmit to THM or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become the property of THM and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at THM’s election. THM is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. In that regard, by transmitting any Submission to THM, you will be deemed for all purposes to have assigned and transferred to THM all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personality rights in and to the Submission, and you acknowledge and agree that any act that is required to send a Submission will be deemed for all purposes to be your electronic signature to this Agreement. You represent and warrant that you own your Submission or have the necessary licenses, rights, consents and permissions to make such assignments and transfers to THM and our use of your Submission will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
    2. Without limiting the generality of section 5.1 above, you agree to sign and deliver to THM on demand all further documents and assurances that THM may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
    3. THM is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and THM will have the right, but not the obligation, to remove from any such forum or news group anything which it sees fit to remove for any reason. THM does not prepare, approve or endorse any Submissions that may appear in any available forums or news groups. You acknowledge and agree that THM has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any Submissions. You may find Submissions to be deceptive, inaccurate, harmful or offensive. Please use caution and common sense when reading Submissions posted in any available forums or news groups, and do not rely solely on such information. You hereby acknowledge and agree that your use and/or reliance on any Submissions is at your own risk. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. THM reserves the right, but not the obligation, to monitor Submissions for compliance with this Agreement and applicable law.
  6. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
    1. YOUR USE OF AND BROWSING OF THIS SITE AND ITS CONTENT ARE UNDERTAKEN AT YOUR OWN RISK. NEITHER THM, ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENCIES, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR OPERATION OF THIS SITE OR ITS CONTENT IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO THIS AGREEMENT, YOUR ACCESS TO OR USE OF THIS SITE OR ITS CONTENT, ANY SUBMISSION OF INFORMATION THROUGH THE SITE OR ITS CONTENT, OR ANY CONSEQUENCES FLOWING THEREFROM, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES WHICH MAY INFECT OR OTHER DAMAGES WHICH MAY OCCUR TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS, USE OF, OR BROWSING OF THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS SITE.
    2. OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR ARE RELATED TO THIS AGREEMENT, THE SITE, THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE OR ITS CONTENT, ANY SUBMISSION OF INFORMATION THROUGH THE SITE OR ITS CONTENT, OR THE SUBSCRIPTION, ACCOUNT, AND/OR SERVICES PURCHASED THROUGH THE SITE, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE PURCHASE PRICE ACTUALLY RECEIVED BY US FOR YOUR ACCOUNT OR $100 USD. SOME STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
    3. TO THE MAXIMUM EXTENT PROVIDED BY LAW, EVERYTHING ON THIS SITE, THE CONTENT, THE SUBSCRIPTION TO OUR CONTENT, YOUR ACCOUNT, AND INFORMATION SUBMITTED THROUGH THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES WHICH MAY BE IMPLIED ACCORDING TO THE LAWS OF ANY JURISDICTION, UNLESS IN YOUR JURISDICTION THE EXCLUSION OF SOME OR ALL OF SUCH EXPRESSED OR IMPLIED WARRANTIES IS NOT PERMITTED OR IS RESTRICTED, IN WHICH CASE ALL SUCH EXPRESSED OR IMPLIED WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION. SOME STATE LAWS IN THE UNITED STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
    4. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR ITS CONTENT ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SITE OR ITS CONTENT WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR THAT THE SITE OR ITS CONTENT WILL DETECT EVERY SECURITY OR OTHER VULNERABILITY OF YOUR DEVICE, NETWORK OR SYSTEM. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE SITE OR ITS CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY LIMIT THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS. WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SERVICES OR PRODUCTS USED WITH THE SITE OR ITS CONTENT. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE SITE OR ITS CONTENT IS AT YOUR SOLE RISK.
    5. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, SITE-RELATED SERVICES OR CONTENT CONTAINED HEREIN OR ON ANY HYPERLINKED WEBSITE IS TO STOP USING THE SITE, CONTENT OR HYPERLINKED WEBSITES. A FULL REFUND WILL BE PROVIDED WITHIN 15 DAYS OF PURCHASE BY EMAILING SUPPORT@TOWNHALLMEDICINE.COM. AFTER 15 DAYS NO REFUND WILL BE PROVIDED.
  7. INDEMNIFICATION
    1. You promise to indemnify, defend, and hold harmless THM, and its officers, directors, employees, agents and distributors, from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in this Agreement; (b) your access to or use of this Site or any website to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of any Content on or from this Site or any website to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation.
  8. CONFIDENTIALITY AND PRIVACY ISSUES
    1. Unless encrypted, information sent or received over the Internet is insecure and THM cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. THM will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to THM through this Site. All Personal Information submitted through the Site will be dealt with in accordance with our Privacy Policy.
  9. LINKED SITES
    1. If and to the extent that any other websites are linked to this Site at any time, THM is not responsible for the content of any such linked website or any link contained within such a linked website. THM reserves the right to terminate any link or linking program at any time and the linking of any website to or through this Site does not imply any endorsement by THM of the companies, products or information offered described or otherwise made available on or through such linked websites. If you decide to access any website linked through or to this Site, you do so entirely at your own risk.
    2. You may link to this website’s homepage, provided you do so in a way that is fair, legal, consistent with this Agreement and does not damage our reputation or take advantage of THM, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. This website may not be framed on any other website, nor may you create a link to any part of this website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.
  10. TERM AND TERMINATION OF AGREEMENT
    1. This Agreement begins on the date you first use the Site and continues as long as you have an Account with us and/or continue to use the Site.
    2. If you cancel your subscription or if your subscription is terminated for any reason, you will lose access to all subscription Content provided through the Site. THM, in our discretion, may make available a very limited amount of Content to you after you cancel (or if you choose not to renew) your subscription.
    3. We may suspend, disable, or delete your Account (or any part thereof) or block or remove any Submissions you submitted if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your Account for the foregoing reasons, you may not re-register on the Site.
    4. We reserve the right to remove any Content from the Site and to terminate all or any portion of the Site at any time, for any reason, with or without notice to you.
    5. Upon termination of this Agreement, all licenses granted to you by THM will terminate. The provisions of this Agreement necessary to give effect to the terms and intent of this Agreement shall survive the expiry or other termination of this Agreement. Termination of this Agreement will not affect any rights or obligations that were incurred by the parties prior to such expiration or earlier termination. THM shall not be liable to you for any damage of any kind (whether direct or indirect) incurred by you by reason of the termination of this Agreement. Termination of this Agreement will not constitute a waiver of our rights, remedies or defenses under this Agreement, at law, in equity or otherwise.
  11. MISCELLANEOUS
    1. This Agreement is governed by the laws of the Province of Ontario, without respect to its conflict of laws principles, and you expressly agree that exclusive jurisdiction for any dispute with THM in any way relating to this Site resides in the courts of the Province of Ontario.
    2. Although the Site and its Content are accessible worldwide, the Site and its Content are neither designed nor intended for use outside Canada and the United States. Those who choose to access the Site and its Content from locations outside Canada and the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of the Site, its Content, and subscription accounts to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws and regulations of Canada and the United States, as applicable, and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.
    3. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral, written or otherwise, of the parties. No amendment, waiver or termination of this Agreement shall be binding unless executed in writing.
    4. If any provision of this Agreement is determined to be unenforceable, such provision will be ineffective only to the extent of such unenforceability without affecting the enforceability of the remaining provisions of this Agreement.
    5. You agree that this Agreement is specifically enforceable by THM by injunctive relief and other equitable remedies without proof of monetary damages.
    6. You agree that if THM does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which THM has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
    7. The parties are independent contractors with respect to each other. Nothing in this Agreement shall be deemed to create a joint venture, association, principal and agent or partnership relationship between the parties or constitute either party the agent of the other.
    8. Your use of the Site and its Content may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, the Content or other actions that we may take in our sole discretion and from time to time. We reserve the right to modify, suspend or discontinue the availability of the Site, the Content or any portion or feature of the Site or its Content, at any time and in our sole discretion and without prior notice.
    9. By using the Site or its Content or otherwise submitting information through the Site or its Content, you consent to receiving communications from THM electronically and by phone. Although we may choose to communicate with you by other means, we may also choose to communicate with you solely by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded button, hyperlink or entry field with your mouse, a keystroke or other device, your agreement or consent will be legally binding and enforceable and legal equivalent of your handwritten signature.

The parties have agreed that this contract and all related documents be drafted in English. The governing language for this Agreement and any interpretation of this Agreement is English, and any copy of this Agreement in any other language is merely for convenience and will not govern the interpretation of this Agreement.