Please Read Carefully
You agree to use the Site in a manner consistent with these Terms and all applicable laws.
We may terminate or suspend your access to and use of the Site at our sole discretion if we believe in good faith that you are violating these Terms or for any other lawful reason.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Site for your personal use.
The Site is available only to those persons who are eligible to form legally binding agreements based on applicable law. Those who do not qualify are not permitted to use the Site.
The Site contains material which is owned by or licensed to us. You shall not copy, reproduce, republish, download, post, modify, or otherwise disseminate material from the Site, including but not limited to images, videos, or content, in any manner except for personal and non-commercial use without our express written consent. You may not decompile, reverse-engineer, disassemble, modify, or create derivative works from the Site, and you may not remove or amend any trademark, copyright, or other proprietary notice.
You agree not to use the site for any illegal or non-permitted purposes. You will not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, robot, rootkit or other malicious computer software. Repetitive data extraction devices or other means with similar functionality which may impinge on the proper use of the Site are prohibited.
Investigation and Remedy
In instances where we believe that any aspect of the Terms has been violated, you agree to allow without prior notice and at our sole discretion that any account or access may be blocked. We reserve the right to investigate and take the appropriate legal action in response to any suspicious or improper potential, planned, or anticipated use of the Site, including seeking injunctive or other relief.
Site Operations and Maintenance
The Site is delivered through a wireless Internet or mobile connection. There may be delays and/or interruptions in the provision and transmission of the Site for which we take no responsibility.
Copyrights and Trademarks
The Site contains terms, images, logos, graphics, scripts, and software which are registered and protected under Canadian and international copyright and trademark laws.
You should assume that everything you see or read on this Site is protected by copyright unless otherwise stated and may only be used according to these Terms. Use of the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right is strictly prohibited.
Waiver of Class Action Rights And/or Claims
Unless prohibited by applicable law, you agree that to the extent you have or believe that you have any claims against us relating to your use or our provision of the Site, you will bring those claims in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Thornhill agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.
THIS SITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE SITE OR ANY APP OR SITE WITH WHICH IT IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE THE GREATER OF ONE HUNDRED DOLLARS ($100). YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.
Statute of Limitations
You agree to bring any and all claims or actions relating to the use of the Site within one (1) year after such alleged cause of action arose. If there is an outstanding claim from more than one (1) year of such action, then you agree that the statute of limitations would be exceeded, and the claim will be barred.
The Site, any information provided from it and these Terms are given and made in the Province of Ontario, in Canada. You agree to submit to the jurisdiction of the courts located in the Province of Ontario, in Canada. You waive the right to trial by jury in any action that may be brought hereunder.
You and we agree, pursuant to the E-Sign Act (the Electronic Signatures in Global and National Commerce Act, as it may be amended from time to time) and any other applicable law, to conduct transactions and communications electronically and to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
Leaving Our Site/or Linking to Third Parties
We strive to protect the Site and any information you send through the Site. When you leave this Site and go to another linked site, we are not responsible for the content or availability of the linked site. Please be advised that we do not represent either the third-party or you, if you enter into a transaction on the third-party site. Further, the privacy and security policies of the linked site may differ from those practiced by us. We are not responsible for the practices of any partners or resellers including those who have a link on our Site.
If you have any questions about this policy, please contact us:
Address: Thornhill Medical
60 Wingold Ave,
Toronto, ON, M6B 1P5
Attention: Data Privacy
Last Updated: August 1, 2021