{"id":208,"date":"2019-11-13T13:25:15","date_gmt":"2019-11-13T13:25:15","guid":{"rendered":"http:\/\/cytometrix.ca\/?page_id=208"},"modified":"2025-03-11T21:59:37","modified_gmt":"2025-03-11T21:59:37","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/cytometrix.ca\/?page_id=208","title":{"rendered":"Terms of Use"},"content":{"rendered":"\n<p><strong>Terms\nof Use (\u201cToU\u201d)<\/strong><\/p>\n\n\n\n<p>Last\nUpdated November 20<sup>th<\/sup>, 2019<\/p>\n\n\n\n<p>Medical\nCytometrix Inc. (\u201c<strong>MCI<\/strong>\u201d, \u201c<strong>we<\/strong>\u201d, or \u201c<strong>our<\/strong>\u201d) is pleased to\noffer this site,&nbsp;<a href=\"https:\/\/cytometrix.ca\/\">https:\/\/cytometrix.ca\/<\/a> (this\n\u201c<strong>Site<\/strong>\u201d). The term \u201cSite\u201d includes all content, information, tools,\nreports, reference materials, and other services, contained or available on, or\ncreated or produced by, this Site.<\/p>\n\n\n\n<p><strong>This Site is an educational and analysis tool and is\nto be used only by Health Professionals (\u201cHealth Professional\u201d means a licensed\n(if required by law) person who uses our services to enhance the care provided\nto patients under their care).&nbsp; This Site should be considered as\nadjunctive support to diagnostic medicine and is not intended to be, nor should\nit be construed as, a claim or representation that any treatment, process, or\ninterpretation constitutes a cure, palliative, or ameliorative.&nbsp; This Site\nis not for the purpose of medical diagnoses or treatment, nor is it a\nsubstitute for medical or professional care or counseling.&nbsp; Any analysis\nperformed or output provided by this Site is not considered valid until or\nunless validated by an appropriate Health Professional that is trained and\ncertified in the art. This Site does not constitute an attempt to practice\nmedicine.<\/strong><\/p>\n\n\n\n<p>We\ninvite our users, members, and\/or subscribers (any of whom is a \u201cMember\u201d) to\nenjoy all the features this Site has to offer, but like other sites, we require\nthat you agree to the following terms and conditions of use, as amended from\ntime to time (these \u201c<strong>Terms of Use<\/strong>\u201d). Your access and use of this Site,\nconfirms your assent and full agreement to be bound by the terms and conditions\nof these Terms of Use. If you are not willing to accept the terms and\nconditions in these Terms of Use or any modifications or amendments to these\nTerms of Use, or if you become dissatisfied with any services provide by or\nthrough this site, please immediately stop using this Site.&nbsp; Failure to\nabide by these Terms of Use may result in the immediate termination of your\naccess to this Site without notice and without refund or recourse.<\/p>\n\n\n\n<p><strong>Privacy Policy:<\/strong>\u2028We also have a privacy policy, which you\ncan access at&nbsp;<a href=\"https:\/\/cytometrix.ca\/?page_id=204\">http:\/\/cytometrix\/privacypolicy<\/a> (the \u201c<strong>Privacy Policy<\/strong>\u201d).\nThe Privacy Policy is a part of and is incorporated by reference into, these\nTerms of Use. We strongly encourage you to review the Privacy Policy before\nusing this Site.<\/p>\n\n\n\n<p><strong>Changes to the Terms of Use<\/strong>: We reserve the right to change, amend,\nor modify the Terms of Use at any time, without prior notice, by posting any\nnew Terms of Use on this Site. Unless it expressly says otherwise, all changes,\namendments, or modifications take effect immediately upon being posted on this\nSite. Accordingly, it is important for you to return to this page to review the\nTerms of Use on a regular basis to keep yourself apprised of any changes. Your\nuse of this Site following the posting of changes constitutes your acceptance of\nany such changes.&nbsp; We will endeavor to provide you notice of materially\nsignificant changes to these Terms of Use.<\/p>\n\n\n\n<p><strong>Eligibility: Restricted to Health Professionals:<\/strong>\u2028The use of and access to this Site is\nrestricted to qualified and certified Health Professionals (as defined herein) only;\nuse by any other persons is strictly prohibited.<\/p>\n\n\n\n<p><strong>Member Account:<\/strong>\u2028In order to receive the benefit of this\nSite, you must register as a Member and maintain an active subscription.&nbsp;\nWhen you choose to become a Member of this Site, you will be redirected to a\nthird-party website in order to initiate payment for your subscription and\nactivation of your member account.&nbsp; We may be directed to a third-party\nsite where the payment processor will ask you for your payment information and\ncertain information relevant to your transaction, including without limitation\nyour credit card number, the expiration date of your credit card, security\nnumber and your billing address. Please note that verification may be required\nprior to the acknowledgment or completion of the transaction. Once your payment\ninformation is verified you will be returned to this Site and be asked to\nsupply personal information related to your status as a Health Professional\nsuch as your name, credentials and certifications, license numbers, and\njurisdiction(s) of licensure. Prior to the granting of access to this Site, MCI\nwill review that the information you provided was correct and accurate in all\nrespects. If for any reason you are denied membership as part of the initial\nregistration process, which may be denied by MCI in its sole discretion, you\nwill not be charged for a member account. If you are denied you will have the\noption to reregister or contact us at <a href=\"mailto:info@cytometrix.ca\">info@cytometrix.ca<\/a>&nbsp; . <\/p>\n\n\n\n<p><strong>By registering as a Member, you expressly represent\nand warrant to MCI that:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>You understand and agree\nthat this Site:<\/strong><\/li><li>is meant to be an\neducational and analysis tool intended to be an aid to Health Professionals;<\/li><li>is to be used only by Health\nProfessionals;<\/li><li>should be considered only as\nadjunctive support to diagnostic medicine;<\/li><li>is not intended to be, nor\nshould it be construed as, a claim or representation that any treatment,\nprocess, or interpretation constitutes a cure, palliative, or ameliorative;<\/li><li>is not for the purpose of independent\nmedical diagnoses or treatment;<\/li><li>is not a substitute for\nmedical or professional care or counseling, and does not constitute an attempt\nto practice medicine.<\/li><li>You are a Health Professional, currently licensed in\neach applicable jurisdiction in which you practice.<\/li><li>You will not disclose or provide any report as\ndesignated in the software as \u201cPractitioner Only\u201d and produced using this Site\nto any patient or client.<\/li><li>Your use of this site and any reports generated by\nthis site are for your use only. You will only input data into the software\nprogram on your patients or clients only.<\/li><li>You agree not to sell reports generated by the\nSoftware to other Health professionals for their use with their patients or\nclients. Such use is a direct violation of these Terms of Use.<\/li><li>You understand that adding a patient or client to the\nsite that is not 18 years of age or older requires the written consent of that individual\u2019s\nlegal guardian. Using this site without such approval is a direct violation of\nthese Terms of Use.<\/li><li>You agree to comply with these Terms of Use and to be\nlegally bound by them, you agree to comply with all applicable laws related to\nyour use of this Site, in your jurdistiction, and you have the legal right to\nuse any credit card(s) utilized in any transaction.<\/li><li>You are at least the age of majority in the\njurisdiction where you reside and are legally able to agree to these Terms of\nUse.<\/li><li>You will at all times, keep your log in information\nand password secure and safe, you will not share such information or password\nwith any other person, for any purpose, and you will promptly notify us if you\nsuspect such information is obtained or utilized by any other person.<\/li><li>You will not interfere with any other person\u2019s use and\nenjoyment of this Site or interfere with or attempt to gain unauthorized access\nto this Site, its server, or any accounts, or computer systems, through\nhacking, password mining, or any other means. Any attempt to do such actions may\nresult in immediate termination of rights on the site.<\/li><li>You will not decompile, disassemble, reverse engineer,\nor otherwise attempt to discover any source code that makes up this Site.<\/li><li>You will not transmit anything that contains viruses,\nor any of the many similar software or programs that may damage the operation\nof this Site or any other person\u2019s property.<\/li><li>You will not modify or attempt to modify this Site or\nany of its components.<\/li><li>You will not reproduce, duplicate, copy, sell, resell,\nexploit, or in any way use any of the Intellectual Property (as defined below).<\/li><li>You understand that while MCI endeavors to use secured\nsystems for information storage, and certified third-party credit card\nprocessors to securely process your credit card information, given the\npossibility of the unlawful interception of information and communications, MCI\ncannot promise and you should not expect that such information you provide will\nalways remain private or secure.<\/li><li>You understand that MCI cannot guarantee third-party\ncompliance and shall not be responsible in any way for the acts of third\nparties with respect to your personal or credit card information.&nbsp; You\nrelease MCI from any and all liability or responsibility for the acts or\nomissions of third-party recipients of your personal or credit card information.<\/li><li>You understand that MCI may disclose in any form,\nincluding in electronic form, any information that is required by law to be\ndisclosed regarding your use of this Site.<\/li><li>You agree to ensure that any information provided to MCI\nis up to date and accurate and you assume the responsibility to maintain its\naccuracy throughout the entire term of your membership.<\/li><li>You have all right, title, and interest to and in any intellectual\nproperty, or other images, or patient information you uploaded by you to the\nSite.<\/li><li>You understand that, upon the cancellation of your\npaid subscription, your account will become inactive but the information you\nprovided or uploaded may be stored by MCI, at its cost, for an indefinite period.\n<\/li><li>You understand that it is your responsibility to\ncontact MCI if you would like your account and all your patient data deleted\nupon the cancellation of your subscription.<\/li><li>You understand that all patient-identifiable data in\nthe database, including all lab test data, are stored in encrypted format that\nis standard in the industry. You also understand that as standard policy, we do\nnot make such data available for export.<\/li><li>You understand and agree that MCI may, in its sole\ndiscretion, for any reason or no reason at all, terminate or suspend your\nmember account, and remove and discard any information related to your member\naccount, including without limitation any information you enter on or upload to\nthe Site, immediately and at any time following: (a) any violation of these\nTerms of Use, or the spirit of these Terms of Use, by you or otherwise through\nyour computer or member account; and (b) your failure to make payment for your\nmember account. Further, you release MCI from any and all liability to you or\nany third-party for any termination or suspension of your member account or\naccess to this Site.<\/li><\/ul>\n\n\n\n<p><strong>Proprietary Rights:<\/strong>\u2028MCI owns intellectual property rights,\nincluding trademarks, patents, graphics, text, code, and other proprietary\nrights (the \u201c<strong>Intellectual Property<\/strong>\u201d) displayed on or through this Site;\nexcepting any owned by a third-party or partner. Any use of our Intellectual\nProperty without our prior written consent is strictly prohibited.<\/p>\n\n\n\n<p><strong>Links to, and Integration with, Other Websites:<\/strong>\u2028The site may contain links to, and\nintegrate with, other websites, services, and resources that do not belong to,\nare not controlled by and are entirely independent of MCI. We do this for\nconvenience to enhance your user experience.&nbsp; You agree that MCI is not\nresponsible for any third-party sites or their actions or inactions, including\nthe content, or any changes or updates to those sites. If you access any\nthird-party site, you do so entirely at your own risk.<\/p>\n\n\n\n<p><strong>Links from Third Party Sites:<\/strong>\u2028Please connect with us on Facebook,\nTwitter, YouTube and the like. You may link to this Site if:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>You do not replicate the home page of this Site;<\/li><li>You do not create a frame or any other browser or\nborder environment around this Site;<\/li><li>You do not use logos or trademarks displayed on this\nSite; and<\/li><li>You do not link to a website which contains content\nthat is offensive, infringes the intellectual property rights or other rights\nof others, or violates applicable laws.<\/li><\/ul>\n\n\n\n<p><strong>Disclaimer:<\/strong>\u2028YOU ACKNOWLEDGE AND AGREE THAT YOUR USE\nOF THIS SITE IS ENTIRELY AT YOUR OWN RISK, AND THIS SITE IS PROVIDED ON AN \u201cAS\nIS\u201d OR MCI HEREBY SPECIFICALLY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES,\nAND OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND AGAINST HIDDEN OR\nLATENT DEFECTS, QUALITY, AND TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT,\nSECURITY, AND ACCURACY, TO THE EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE\nARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE,\nANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR\nCOMPUTER SYSTEM, MOBILE DEVICE, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR\nLOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING INFORMATION\nTHROUGH THE USE OF THE SITE.&nbsp; MCI WILL NOT BE RESPONSIBLE FOR ACTS OR\nOMISSIONS BY ANY PARTY, INCLUDING BUT NOT LIMITED TO ANY PARTY WHO MIGHT HACK,\nINVADE, OR OTHERWISE DISRUPT THE SITE OR TAKE INFORMATION, INCLUDING CONTENT\nYOU PROVIDE, FROM THE SITE OR OTHERWISE. IF MCI CANNOT LAWFULLY DISCLAIM SUCH\nWARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, MCI LIMITS THE DURATION OF\nSUCH WARRANTIES TO THE MINIMUM TIME PERMITTED UNDER SUCH LAW. SOME STATES,\nCOUNTRIES, AND\/OR PROVINCES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON THE\nDURATION OF AN IMPLIED WARRANTY OR CONDITION, AND ACCORDINGLY, THE ABOVE\nLIMITATION MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE TERMINATION.<\/p>\n\n\n\n<p><strong>Limitation of Liability:<\/strong>\u2028TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCI,\nAND ITS OFFICERS, MEMBERS, MANGERS, AND AFFILIATES, ARE NOT IN ANY EVENT\nRESPONSIBLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR\nEXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM OR ARISING OUT OF\nANY BREACH OF WARRANTY OR CONDITION, USE OR MISUSE OF THE SITE, OR UNDER ANY\nOTHER LEGAL THEORY INCLUDING WITHOUT LIMITATION, LOSS OF USE OF THE SITE OR ANY\nGOOD OR EQUIPMENT USED WITH THE SITE, OR INTERRUPTION, SUSPENSION,\nMODIFICATION, ALTERATION OR TERMINATION OF THIS SITE, YOUR MEMBER ACCOUNT, OR\nYOUR ACCESS TO THIS SITE, THE COST OF ANY REPLACEMENT GOOD OR SUBSTITUTE\nEQUIPMENT, LOSS OF REVENUE OR LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF\nBUSINESS OR LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF\nLIFE, THIRD-PARTY CLAIMS, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE\nHOWSOEVER CAUSED EVEN IF&nbsp;MCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH\nDAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY\nREASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN\nCONNECTION WITH THE SITE, OR ANY LINKS ON THIS SITE, AS WELL AS BY ANY\nINFORMATION OR REPORTS PROVIDED BY OR THROUGH THIS SITE. YOUR SOLE AND\nEXCLUSIVE REMEDY AGAINST MCI OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AUTHORIZED\nREPRESENTATIVES, IS YOUR DISCONTINUATION OF YOUR USE OF THE SITE. SOME STATES,\nCOUNTRIES, AND\/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF\nINCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY\nNOT APPLY TO YOU. THIS SECTION SHALL SURVIVE TERMINATION.<\/p>\n\n\n\n<p><strong>Indemnification:<\/strong>\u2028You agree to indemnify, defend, and hold\nharmless MCI and any and all of its present and future officers, members,\nservice providers, suppliers, employees, authorized representatives, and\naffiliates from any and all liability, loss, claim, demand, and expense,\nincluding costs of litigation and reasonable attorneys\u2019 fees, directly or\nindirectly arising out of or related to (a) your use or misuse of this Site,\nincluding without limitation any reports you generate using this Site, or any\ninformation that you enter on, or upload to, this Site; (b) any use or alleged\nuse of your member account by any person, whether or not authorized by you; or\n(c) your violation of these Terms of Use.&nbsp; MCI reserves the right to\nassume the exclusive defense, control, and settlement, of any above\nmatter.&nbsp; This section shall survive termination.<\/p>\n\n\n\n<p><strong>Arbitration of Disputes:<\/strong>\u2028You agree that any and all disputes,\nclaims, or controversies arising out of or related to this Site asserted\nagainst MCI , or its officers, members, employees or authorized representatives\nwill be brought exclusively with the Arbitration Service of British Columbia\n(\u201cASBC\u201d) in British Columbia, Canada, to be arbitrated according to the then\ncurrent ASBC rules of arbitration. The judgment rendered by the arbitrator will\nbe binding on you and MCI&nbsp;and may be entered in any court of competent\njurisdiction.&nbsp; This section shall survive termination.<\/p>\n\n\n\n<p><strong>Miscellaneous:<\/strong>\u2028These Terms of Use, which incorporates\nthe Privacy Policy, is the entire agreement between you and MCI relating to the\nsubject matter of these Terms of Use. If for any reason anything on or\nassociated with this Site is in conflict or inconsistent with these Terms of\nUse, these Terms of Use are controlling. If a provision of these Terms of Use\nis determined to be unenforceable, the remaining provisions of these Terms of\nUse will not be impaired. No waiver by MCI of any terms will be deemed a waiver\nof any of the other terms in these Terms of Use, and our failure to act with\nrespect to any breach of the Terms of Use does not waive our right to\nsubsequent or similar breaches. The Terms shall be governed by the laws of the Province\nof British Columbia. The prevailing party in any legal action arising out of or\nrelating to these Terms of Use shall be entitled to reasonable attorney\u2019s fees,\ncosts, and necessary disbursements determined by a court or arbitrator.<\/p>\n\n\n\n<p><strong>Inquiries<\/strong>&nbsp;If you have general inquiries, questions,\nconcerns, or comments about the Terms of Use or this Site, please contact MCI\nvia e-mail at <a href=\"mailto:info@cytometrix.ca\">info@cytometrix.ca<\/a>.&nbsp;\nThis Site is provided by MCI, with offices at 12238 New McLellan Road, Surrey,\nBritish Columbia, Canada V3X 2Y1.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms of Use (\u201cToU\u201d) Last Updated November 20th, 2019 Medical Cytometrix Inc. (\u201cMCI\u201d, \u201cwe\u201d, or \u201cour\u201d) is pleased to offer this site,&nbsp;https:\/\/cytometrix.ca\/ (this \u201cSite\u201d). The term \u201cSite\u201d includes all content, information, tools, reports, reference materials, and other services, contained or available on, or created or produced by, this Site. This Site is an educational and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-208","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/cytometrix.ca\/index.php?rest_route=\/wp\/v2\/pages\/208","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cytometrix.ca\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/cytometrix.ca\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/cytometrix.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cytometrix.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=208"}],"version-history":[{"count":2,"href":"https:\/\/cytometrix.ca\/index.php?rest_route=\/wp\/v2\/pages\/208\/revisions"}],"predecessor-version":[{"id":243,"href":"https:\/\/cytometrix.ca\/index.php?rest_route=\/wp\/v2\/pages\/208\/revisions\/243"}],"wp:attachment":[{"href":"https:\/\/cytometrix.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=208"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}