Terms of Use Agreement – Dr. Tavares blogs at WordPress and Vimeo and YouTube channels
Acceptance
It is important that you read all the following terms and conditions carefully.
This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Dr. Alexandre Garcia Tavares (“Dr. Tavares”), the copyright owner (“Owner”) of this blog, https://mentalhealthsecrets.ca/ , and of his YouTube (Mental Health Secrets with Dr. Tavares) and Vimeo ( https://vimeo.com/drtavares ) channels (the “Dr. Tavares’ blog and video channels”). It states the terms and conditions under which you may use Dr. Tavares’ blog and video channels and other materials displayed or made available through Dr. Tavares’ blog and video channels, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips. By accessing and using Dr. Tavares’ blog and video channels, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not use Dr. Tavares’ blog and video channels.
Medical emergency
Do not use Dr. Tavares’ blog and video channels for medical emergencies. If you have a medical emergency, call a physician or qualified health-care provider, or call 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read in Dr. Tavares’ blog and video channels.
General information not medical advice
The general information provided in Dr. Tavares’ blog and video channels is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore.
Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from Dr. Tavares’ blog and video channels and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on Dr. Tavares’ blog and video channels. Always consult with your physician or other qualified health-care provider before embarking on a new treatment, diet, or fitness program. Information obtained in Dr. Tavares’ blog and video channels is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
No physician-patient relationship
The presentation of general information in Dr. Tavares’ blog and video channels does not establish a physician-patient relationship between you and Dr. Tavares and is not intended as a solicitation of individuals to become patients or clients of Dr. Tavares.
No endorsements
Unless specifically stated, Dr. Tavares does not recommend or endorse any specific brand of products, services, or procedures.
E-mail communication with the public
Dr. Tavares does not wish to use this blog as a means of communication with the public (i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii) to book or cancel appointments; or (iv) for enquiries regarding fees, services, or similar matters. E-mail communications regarding such matters will not be responded to and will be discarded unread.
Disclaimer of warranties
Dr. Tavares’ blog and video channels and the content are provided “as is” and “as available.” While Dr. Tavares endeavours to provide information that is correct, accurate, current, and timely, Dr. Tavares makes no representations, warranties, or covenants, express or implied, regarding Dr. Tavares’ blog and video channels and the content including, without limitation, no representation, warranty, or covenant (i) that the content contained in or made available through Dr. Tavares’ blog and video channels or any item(s) made available on or through Dr. Tavares’ blog and video channels will be of merchantable quality and/or fit for a particular purpose; (ii) that Dr. Tavares’ blog and video channels or content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of Dr. Tavares’ blog and video channels will be uninterrupted or error-free; (iv) that defects or errors in Dr. Tavares’ blog and video channels or the content, be it human or computer errors, will be corrected; (v) that Dr. Tavares’ blog and video channels will be free from viruses or harmful components; and (vi) that communications to or from your device will be secure and/or not intercepted.
You acknowledge and agree that your access to and use of Dr. Tavares’ blog and video channels and the content is entirely at your own risk and liability.
Limitation of liability
In no event shall Dr. Tavares, officers, directors, employees, agents, licensors, and their respective successors and assignees be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon Dr. Tavares’ blog and video channels or the content, or your inability to use Dr. Tavares’ blog and video channels, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Dr. Tavares knew of or ought to have known of the possibility of such damages.
Dr. Tavares also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of Dr. Tavares’ blog and video channels, or any advertiser or sponsor of Dr. Tavares’ blog and video channels (“third-party”). Under no circumstances shall Dr. Tavares, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from Dr. Tavares’ blog and video channels, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Dr. Tavares knew of or ought to have known of the possibility of such damages.
Indemnity
You agree to indemnify, defend, and hold harmless Dr. Tavares and its officers, directors, employees, agents, licensors, and their respective successors and assignees, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use Dr. Tavares’ blog and video channels, the content, or any website to which Dr. Tavares’ blog and video channels is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the content) on or from Dr. Tavares’ blog and video channels.
Copyright
The content of Dr. Tavares’ blog and video channels is protected by copyright law and is owned by Dr. Tavares. Except as granted in the limited licence herein, any use of the content, including modification, transmission, presentation, distribution, republication, or other exploitation of Dr. Tavares’ blog and video channels or of its content, whether in whole or in part, is prohibited without the express prior written consent of Dr. Tavares.
Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nontransferable, and non-exclusive licence to access, view, and use Dr. Tavares’ blog and video channels and the content for your personal, noncommercial use. You should maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the content online. You must also abide by any additional requirements governing the use of any specific content that may be set out in Dr. Tavares’ blog and video channels. In the event of a conflict between the terms of a licence governing specific content and this Agreement, the terms of the specific licence shall govern.
Linking
Dr. Tavares’ blog and video channels contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Dr. Tavares of any third-party website or the content thereof. Unless expressly stated, Dr. Tavares does not operate any third-party website linked to Dr. Tavares’ blog and video channels and is not responsible for the content of any third-party website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or (iii) any representation, warranty, or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
While Dr. Tavares included links to websites in Dr. Tavares’ blog and video channels, Dr. Tavares’ blog and video channels should not wish to be linked to or from any third-party website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Dr. Tavares; or (ii) any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. Dr. Tavares reserves the right to prohibit or refuse to accept any link to the blog
Dr. Tavares’ blog and video channels, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to Dr. Tavares’ blog and video channels upon the request of Dr. Tavares.
Submissions
The WordPress website and external websites may provide features which allow you to post messages and blog reviews of Dr. Tavares’ blog and video channels and its content. Dr. Tavares does not control the content of any submissions and has no obligation to monitor the submissions. However, Dr. Tavares reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law-enforcement request.
You acknowledge that you alone are responsible for the content of your submissions and the consequences thereof.
Tools
Any tools or calculators provided in Dr. Tavares’ blog and video channels are provided for general and illustrative purposes only.
Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefore.
You should not act or abstain from acting based on any information provided by any such tool or calculator available on this blog.
Security
Any information sent or received over the Internet is generally not secure. Dr. Tavares cannot guarantee the security or confidentiality of any communication using the Internet.
Modification to blog
Dr. Tavares reserves the right any time, and from time to time, to modify or not publish anymore, temporarily or permanently, Dr. Tavares’ blog and video channels, and make the new versions available or not. Dr. Tavares shall have no liability to you or any third party for any modifications, suspension, or withdrawal of the publication of Dr. Tavares’ blog and video channels or any part thereof.
Use prohibited where contrary to law
Use of Dr. Tavares’ blog and video channels is unauthorized in any jurisdiction where Dr. Tavares’ blog and video channels or any of the content may violate any laws or regulations. You agree not to access or use Dr. Tavares’ blog and video channels in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction
Dr. Tavares’ blog and video channels was written by Dr. Tavares, from his offices within the province of Ontario, Canada . Dr. Tavares is licensed by the College of Physicians and Surgeons of Ontario to practice medicine in province of Ontario, Canada. You agree that all matters relating to your access or use of Dr. Tavares’ blog and video channels and its content shall be governed by the laws of the province or territory of Ontario, Canada, and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of Dr. Tavares’ blog and video channels and the content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of Ontario and of Canada.
Waiver
Any consent by Dr. Tavares to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Entire Agreement
This is the entire Agreement between you and Dr. Tavares relating to your access and use of Dr. Tavares’ blog and video channels.
