Termes et conditions

1. General

  1. Kassouf M.D. Inc. (“we”, “us” or “our”) maintains the website www.howitreatcovid19.com (the “Website”) in order to provide information, education material, and communications to its users (“you” or “your”) regarding its products and services. 
  2. Your access and use of the Website and its content including messages, information, data, text, graphics, images, photographs, illustrations, documents, software or any other content available through the Website (collectively, the “Content”) is subject to these terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree to abide by the Terms and Conditions, please immediately refrain from accessing or using the Website and its Content and delete any Content downloaded from the Website.
  3. If you have questions about any of these Terms and Conditions, please send a request for clarification at the following email address: legal@howitreatcovid19.com.

2. Disclaimers And Limitation of Liability

  1. While we strive to include up-to-date and accurate information on the Website, the Website and the Content are provided on an “AS IS” and as available basis, and any access to, use of, modification to or reliance on the Website and the Content shall be at your sole risk. To the maximum extent permitted by law, we, and our partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“Representatives”) in no way warrant the accuracy of such information, nor do we or our Representatives assume any liability or responsibility for any errors or omissions contained on the Website, as we and our Representatives cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to the Website or Content, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Website or Content will meet your (or your organization or company’s) requirements or will be compatible with your (or your organization or company’s) computer or related equipment, photograph equipment or software; (iii) that the Website or Content is accurate, valid, reliable, authentic, current, or complete; (iv) that the Website will continue to operate, operate without interruptions or be error-free; or (v) that your browsing of materials displayed on the Website will not infringe rights of any third parties not owned by us.
  2. Your browsing of the Website is done at your own risk, whether such browsing is lawful or unlawful. Neither us nor any other party (including our Representatives) involved in creating, producing, or delivering the Website shall be liable for any loss or damage whatsoever (including direct, incidental, consequential, indirect, exemplary, special, or punitive damages) arising out of, or in connection to, your access to, or use of, or any inconvenience, delay of access or use to, the Website, the Content, the User Modifications, any content of any linked website, or failure of such sites (including damages suffered as a result of omissions or inaccuracies in such Website or content, or the transmission of confidential or sensitive information to or from such sites), even if we or our Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.

By browsing the Website, you agree to defend, indemnify and hold us and our Representatives harmless from and against all claims, cause of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees and costs) and all amount paid in settlement arising from or relating to your use of the Website, or your violation of the Terms and Conditions or the right of third parties. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement in any such matters.

3. Changes to the terms

  1. We may need to revise these Terms and Conditions to adapt to new technologies, functionalities, regulatory requirements or otherwise based on our legitimate business need. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. If any term, condition or any change to the Terms and Conditions is not acceptable to you, you must discontinue its use of the Website immediately. Your continued use of the Website after any such changes are posted will constitute acceptance of those changes. The Terms and Conditions apply exclusively to your use of the Website and do not alter the terms or conditions of any other agreement you may have with us.
  2. We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Website. We reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no duty to do so. We and our service providers will also have the right to terminate your use of the Website as set out below under the heading “Termination of Use”

4. Communications

  1. Subject to any applicable law (and, in the case of personal information, the requirements of the Privacy Policy (as defined below at Section 7.1)) and the terms of any other agreements entered into with us, any communications sent by you via the Website or via email, whether solicited by us or otherwise, are on a non-confidential basis, and we shall be free to use, publish, keep secret, disclose or otherwise exploit the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in our favour as well as the right to receive any financial or other consideration in connection with such communication, including any attribution to you or any person behind such communication.
  2. All information that you provide through the Website or in connection with any material submitted, must be true, accurate, current and complete, and where applicable, must be updated by you promptly upon the occurrence of any change in such information.
  3. While the Website and Content provide information regarding the products and services offered by us, no part of the Website or Content constitutes an offer for the sale products or the provision of services. Any sale or provision of our products and services shall be subject to a separate contractual agreement. No contractual terms or conditions communicated by you via the Website shall form part of the contract for the purchase or provision or products and services unless expressly incorporated therein.

5. Permitted Uses

  1. Unless otherwise noted, all content on the Website is published under a Creative Commons Attribution-ShareAlike 4.0 International license, the complete wording of it being available at this hyperlink: complete license. (“CC BY-SA 4.0 License”).
  2. Anyone that wishes to distribute, reuse or modify the content of the Website is obligated to do so under the terms of the aforementioned CC BY-SA 4.0 License.
  3. This includes but is not limited to certain obligation related to the content:
    1. Give the appropriate credit to the author of the content;
    2. Provide a link to the CC BY-SA 4.0 License;
    3. Indicate if changes were made to the content; and
    4. Not add any additional restriction to the content.
  4. SOME THIRD-PARTY CONTENT, IDENTIFIED BY A DISCLAIMER, IS NOT PUBLISHED ON THIS WEBSITE UNDER THE CC-BY-SA 4.0 License. THE USE OF THIS CONTENT IS SUBJECT TO THE SPECIFIC APPLICABLE TERMS AND CONDITIONS OF SAID THIRD PARTIES. THE DISPLAY OF SUCH CONTENT DOES NOT CONVEY OR CREATE ANY LICENSE OF RIGHTS IN IT FOR YOU. NOTHING IN THOSE TERMS AND CONDITIONS ALLOWS YOU TO COPY, REDISTRIBUTE, REMIX, TRANSFORM, AND BUILD UPON SAID MATERIAL FOR ANY PURPOSE.
  5. Restricted Uses
    1. You may not:
      1. include any Content in or with any product or service that you, or others affiliated or related to you, put out, under the applicable requirements of the CC BY-SA 4.0 License;
      2. use any third party content in a manner not authorized by the license applicable and designated by that third party;
      3. transmit, via the Website, spam, chain letters, or other unsolicited email;
      4. upload, transmit or share invalid data, viruses, worms or other malware through the Website;
      5. impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
      6. use the Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Website’s system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Website (including uploading, posting or otherwise transmitting on the Website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Website’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website or the Content in whole or in part);
      7. use the Website or the Content in any manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights), that is unlawful, that violates any of our rights, of its partners, licensors, content providers, service providers or contractors, that is prohibited in the Terms and Conditions (including by accessing the Web Sites from any location where such access may be illegal or prohibited), that is unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, that is otherwise objectionable or which does not respect the legal rights and interests of others;
      8. use the Website, the Content in any data matching or data mining, including the collection or use of information about other users or distributors (including their e-mail addresses) without their consent;
      9. post or submit any materials to the Website which would violate any of the restrictions set out in the Terms and Conditions;
      10. use the Website in any manner that may: (i) dilute or depreciate our name and reputation, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; (ii) interfere with any other persons’ use and enjoyment of the Web Sites or of the Internet generally; (iii) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Website or any other internet resource or computer system; (iv) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including any Representative; or (v) disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission; 
      11. bypassing any measures that we may use to prevent or restrict access to the Website, including features that prevent or restrict use of certain Content or enforce limitations on use of the Websites; 
      12. otherwise use this Website in contravention of any applicable Law; and
      13. attempt or facilitate any of the above.
  6. We reserve the right to investigate any breach of the Terms and Conditions and to take appropriate remedies to the fullest extent permitted by law.
  7. Proprietary Information
  8. Certain names, words, titles, phrases, logos, icons, graphics or designs in the Website, including without limitation howitreatcovid19.com, the logo, constitute trade-marks, trade-names, trade dress and/or associated products and services of us, our partners, any licensor, content provider, service provider or contractor of us or any other third party (collectively the “Marks”) and may be protected in Canada or elsewhere and their display on the Website does not convey or create any license or other rights in the Marks. Any use of any of the Marks, in whole or in part, that are accessible via the Website without our prior written authorization or such third party is strictly prohibited. You may not register domain names that correspond to the Marks.

6. Linked Website and Framing

  1. Certain links on the Website may take you to other wWebsites. We provide these links only as a convenience. We are not responsible for the content of any such linked pages. We make no representation or warranty regarding, and does not endorse or approve, any linked Website, the information appearing thereon or any of the products or services described. Should you leave the Website via a link contained herein, and view content that is not provided by or on our behalf, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
  2. You are granted a limited, non-exclusive right to create a hyperlink to the Website. You agrees that if you link other Website to the Website, such other Website shall not (a) create frames around any part of the Website or use other techniques that alter the visual presentation of the Website; (b) imply that we are endorsing you or any other person (including your organization or company), or you or such other person’s products or services; (c) without our prior written consent, imply an affiliation between you or any other person, or you or such other person’s products or services and us; (d) misrepresent the relationship of you or any other person with us or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about us or any of its products or services; or (e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, or are otherwise in breach of the Terms and Conditions (including Section 5.12 (Restricted Uses)).

7. Privacy

  1. We respect your right to privacy. All information that we may collect via the Website about you during your visit to the Website, is subject to our Privacy Policy, which is incorporated by reference into the Terms and Conditions and can be viewed at the “Privacy Policy”.

8. Jurisdiction

  1. By accessing the Website, you agree that this agreement is formed in the Province of Quebec, Canada, and that all matters relating hereto shall be governed by the laws applicable in the Province of Quebec, without regard to the conflicts of laws principals thereof. 
  2. Any dispute between us and you or any other person arising from, in connection with or relating to the Website, Content, the CC BY-SA 4.0 License when applicable, Terms and Conditions, any transaction through the Website, or any related matter must be resolved before the Courts of the Province of Quebec, Canada sitting in the City of Montreal (the “Courts”), and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.

9 .Termination of Use

  1. If you breach any provision of the Terms and Conditions, then you may no longer use the Website or the applicable Content that is made available through the Website. We, in our discretion, shall determine whether the Terms and Conditions have been violated.

10. Other 

  1. The parties have expressly requested and required that the Terms and Conditions and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais. 

[Last Update: March 2020]