TERMS OF SERVICE
Last Updated June 11, 2018
HELLO AND WELCOME!
Hello! We are Ostler & Rose Inc. (“Ostler & Rose”, “we”, “us” and other terms of similar meaning), a holistic marketing and communications agency for health, wellness and medical service providers (“Services”). If you’re reading this, it’s probably because you have, are, or will be browsing our Website, which gives you a bit more detail about us, our Services, and how you can get in contact with us. Our Website includes (i) the website and content at http://www.ostlerandrose.com (the “Website”); and (ii) any other mobile or web applications that we have now or in the future.
Modifying & Reviewing the Terms
Ostler & Rose may change the Terms from time to time, and you should definitely check the “Last Updated” date at the top of this page if you want to see if the Terms have been changed. Any revisions of the Terms will be effective immediately upon posting the revisions on our Website. If you do not agree with the revisions, you must stop using the Website, with no further obligation to us.
Interpretation of the Terms
How the Terms are interpreted is determined by us only. If you have any questions about the Terms please email us at firstname.lastname@example.org
You are given a license to use our Website and to link to our Website, but there are restrictions that come with that license. (FYI, “license” simply means “permission”)
License for Use
Subject to the Terms, Ostler & Rose grants you a limited, personal, non-exclusive and non-transferable right and license to use and browse the Website. Unless otherwise specified in writing, the Website is for your personal and non-commercial use. You may not resell, lease or provide it in any other way to anyone else. You cannot transfer or store any data or content from the Website to be used by anyone other than yourself.
License for Linking
Subject to the Terms, you are granted a limited, non-exclusive right to create a hyperlink to our Website for non-commercial and personal purposes, but only if such link does not portray Ostler & Rose, or the Website in a false, misleading, derogatory or otherwise defamatory manner and also only if the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Ostler & Rose’s logo or other proprietary graphic of Ostler & Rose to link to the Website without the express written permission of Ostler & Rose.
INTELLECTUAL PROPERTY RIGHTS
Don’t copy us, our Website, or anyone else!
Our Intellectual Property Rights (Generally)
Except as noted above, you are not conveyed any right or license by implication, or anything similar in or under any patent, trade-mark, copyright or intellectual property or proprietary right of Ostler & Rose or any third party.
The Website, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object, code and software (with the exception of licensed open-source components) and all other protectable intellectual property available through and comprising the Website (the “Proprietary Materials”) are the property of and belong to Ostler & Rose and are protected by copyright and other intellectual property laws. Ostler & Rose’s rights in such Proprietary Materials are expressly reserved (that is, we’re telling you that it’s ours and ours alone).
You may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone, unless with Ostler & Rose’s written consent. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Website to other websites, blogs, forums, etc. unless with Ostler & Rose written consent.
The Ostler & Rose logo, brands, branding and all other product and service names, slogans or logos displayed on the Website are registered and/or common law trade-marks of Ostler & Rose, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ostler & Rose. In addition, the look and feel of the Website, including all icons, user interface and user experience elements, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission of Ostler & Rose.
If Intellectual Property Rights Violated
Any violation of our intellectual property rights may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Intellectual Property Rights of Others
Ostler & Rose respects the intellectual property rights of others (third-parties) and expects you to do the same. If we are using the intellectual property of others on our website (such as partner or client logos), you must not copy, imitate or use such third-party intellectual property in whole or in part in any event.
LIMITATIONS ON USE
There are things you cannot do using the Website or while using our Website. If you use our Website, you must promise not to do really bad things that will harm us or the public.
Unacceptable Uses of the Website
You must not use the Website:
- In a way prohibited by law, regulation, governmental order or decree;
- To violate the rights of others;
- In a way that could harm the Website or impair anyone’s use of it;
- In a way that it is not intended to be used;
- To reverse engineer, decompile or disassemble the Website;
- In a way that will cause nuisance, annoyance, disruption or inconvenience to Ostler & Rose
- If using access points or wireless data accounts (AP) which you are not authorized to use;
- If using unauthorized operating systems on your web or mobile device, including but not limited to jailbroken phones;
- To stalk or otherwise harass Ostler & Rose, any person or entity; and
- To attempt to probe, scan or test the vulnerability of any the Website server or network or breach any security or authentication measures.
Prohibitions on Information Entered
Throughout your use of the Website, you will be prompted to enter various information, including but not limited to information entered into the contact form (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas. While using the Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy pro publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, personal health information, etc.;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content used to probe, scan or test the vulnerability of the Website, any the Website server or network; and
- Content that is unrelated to the topic of the Interactive Areas in which such content is posted.
Abusing the Website
If, in Ostler & Rose’s sole opinion, you abuse the Website or any of its privileges, or if you fail to follow any of these Terms, or make misrepresentations to Ostler & Rose, Ostler & Rose may, in its sole discretion, suspend or block your access, with or without notification.
In the event that Ostler & Rose has a reasonable belief that you are using the Website to commit fraud, crimes or abuse the Website, Ostler & Rose reserves the right to suspend or block your access, and Ostler & Rose reserves the right to take appropriate administrative and/or legal action.
We’ll try our very best but we make no promises.
What you see is what you get! Nothing more. The Website is provided to you on an “as-is” and “as-available” basis without any warranties (i.e. guarantees) of any kind, either express or implied. We do not promise (and in fact, expressly deny) all representations and warranties of merchantability, suitability for a particular purpose, title, quiet enjoyment or non-infringement.
Use Website at Your Own Risk
Your access to and use of the Website is at your own risk. Ostler & Rose will not be responsible for any harm to your computing system, yourself or any other third party.
Content and Functionality of Website
We also do not promise that our Website and its content are accurate, complete, up-to-date or functioning, and we don’t assume any liability or responsibility to you or any minor for whom you are legal guardian for, for any errors, mistakes or inaccuracies on our Website, or the fact that the Website doesn’t work or is broken. We also don’t promise that your use of the Website will generate any particular result for you. If any applicable authority holds any portion of this section to be unenforceable, then Ostler & Rose’s liability and responsibility will be limited to the extent permitted by law.
Third Party Service Providers
You acknowledge that some parts of the Website are reliant on third-party service providers, including but not limited to Google Maps, Amazon Web Services, WordPress, Squarespace, Mailchimp, Wufoo, other hosting service providers, etc. Because of this, and other reasons, you acknowledge that there may be interruptions in service or events that are beyond our control. While Ostler & Rose has painstakingly selected the best-in-class third-party service providers, and use reasonable efforts to keep the Website accessible and available, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance and failure of our third-party service providers. You understand and acknowledge that due to circumstances both within and outside of our control, the Website and your access to it may be interrupted, suspended or terminated.
Third Party Websites
No Guaranteed Response
If you fill out our contact form, or send us an email, we do not guarantee that we will receive the information you submitted in your contact form or your email, and even if we do, we do not promise that we will respond to you (though, we will try our very best to).
LIMITATION OF LIABILITY
Basically, we are not responsible if something bad happens to you because you used our Website!
In no event will Ostler & Rose, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to direct, indirect, incidental, consequential, special or punitive damages arising out of:
- Your access, use or inability to use the Website;
- Your use of any content in the Website;
- Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence;
- Any condition caused by events beyond the control of Ostler & Rose that may cause the Website to be disrupted or otherwise;
- Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with the Website;
- Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of the Website);
- Personal injury or property damage, of any nature whatsoever resulting from your use of the Website;
- Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to our through the Website by any third party;
- The cost of procurement of substitute goods and services resulting from your use of the Website;
- Statements, services or conduct of Ostler & Rose, its Representatives or any third party;
- Any and all losses, damages, rights, claims and action of any kind in connection with or resulting from using the Website; and
- The conduct of you or any Minor for whom you are legal guardian for resulting from using the Website.
By using the Website, you agree not to hold Ostler & Rose, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, liable in any way whatsoever.
If we get sued by someone else because of something you did while using our Website, you must promise to take responsibility and have our back, and cover use financially.
You agree to defend, indemnify, and to hold harmless Ostler & Rose, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to:
- Your access, use or inability to use the Website;
- An allegation that you violated any of these Terms.
Your agreement to defend, to indemnify, and to hold Ostler & Rose harmless applies whether a claim against Ostler & Rose arises out of contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Website caused damage to you or any third party and your use and access of the Website.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You also agree to cooperate with our defense of these claims. Any settlements of matters or disputes must not be carried out without the prior written consent of Ostler & Rose. We will use reasonable efforts to notify you of any such claim, action, or proceeding if and when we are aware of it.
- By email to the email address specified in the contact form;
- By posting a notice on our Website in an area suitable for notices. It is your responsibility to review our Website for notices;
- By calling the telephone number specified in the contact form; and
- By sending you an SMS text message.
Content of Notices
For other messages and information relating to Ostler & Rose and the Website, other than Administrative Messages, you will only receive these messages if you expressly opt-in to consent to receive these other types of information from us. In addition, at any point in time after you opt-in, you will have the opportunity to opt-out of receiving such messages.
Both you and Ostler & Rose may end this agreement with each other at anytime.
You or Ostler & Rose may terminate these Terms and your use of the Website at anytime. Termination occurs when you either stop using the Website or Ostler & Rose notifies you of such Termination. All Terms will survive (i.e. still apply after) termination.
APPLICABLE LAW & DISPUTE RESOLUTION
This section talks about how we will resolve certain legal arguments between us.
The Website is controlled by Ostler & Rose and operated by it from its offices in Toronto, Ontario. You and Ostler & Rose both benefit from establishing a predictable legal environment in regard to the Website. Therefore, you and Ostler & Rose explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Method of Conflict Resolution
Except where prohibited by law, any claim or dispute (whether in contract or tort, pursuant to statute or regulation or otherwise, and whether pre-existing, present or future) arising out of or relating to: (i) these Terms; (ii) the Website; (iii) oral or written statements, advertisements or promotions relating to these Terms or the Website; or (iv) the relationships that result from these Terms or the Website (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate. If we have a Claim against you, we will give you notice to arbitrate at your email address in the contact form. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
If Arbitration is Prohibited
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
Waiver of Future Class Action
You are giving up your right to sue us in a class action. (FYI, a class action is when a group of people get together to sue someone.) Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Ostler & Rose related to any Claim, and where applicable, you also agree to opt out of any class proceedings against Ostler & Rose.
Do not send us ideas. If you do, we will own those ideas and any related intellectual property.
Unsolicited Ideas include, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotion. Do not send us Unsolicited Ideas. Nobody at Ostler & Rose will accept or consider, directly or indirectly any Unsolicited Ideas. We have no obligation to review any Unsolicited Ideas nor do we have any obligation to keep any Unsolicited Ideas confidential. If you do send us any Unsolicited Ideas, Ostler & Rose will automatically own such ideas without restriction and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your ideas, you should not send them to us.
Your affirmative act of using the Website and creating an Account constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
You may not assign or transfer any of your rights without prior written consent of Ostler & Rose. Ostler & Rose may assign any or all of its rights hereunder to any party without your consent.
These Terms will bind and enure to the benefit of you and Ostler & Rose, their successors and permitted assigns.
No amendments, modifications or waivers to these Terms shall be valid unless in writing and signed by all Parties.
If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.
Terms in English Language
The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms including notices, have been and shall be drawn up in the English language only.
Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Questions and Comments
If you have any questions regarding these Terms or your use of the Website, please contact us at email@example.com