Last Updated June 2020.

Terms of Use for...

Dr. Fujimoto Optometry Professional Corporation.

Our website address is: https://healthyvision.ca

1. TERMS OF USE AND ACCESS

Welcome to the Dr. Fujimoto Optometry Professional Corporation o/a Dr. Fujimoto (“Dr. Fujimoto”, “us” or “we”) website.  You should carefully read and consider the following Terms of Use (“Terms of Use“) before using our website (the “Website”), as these Terms of Use contain the legal terms and conditions that will: (i) govern your use of the Website; and (ii) materially impact your legal rights and obligations in respect of Dr. Fujimoto and others.

2. ACCEPTANCE OF TERMS OF USE

Your use of the Website is expressly conditioned on your acceptance without modification of the Terms of Use. By using our Website, you agree, without limitation or qualification, that you have read, understood and will be bound by these Terms of Use.

3. MODIFICATIONS TO TERMS OF USE

Although we will make every effort to post changes to these Terms of Use as soon as they occur, Dr. Fujimoto reserves the right, in its sole and absolute discretion, to modify these Terms of Use at any time without prior notice to you by posting the amended Terms of Use to this web page.  Your continued use of this Website after any such amendment constitutes your acceptance of the amended Terms of Use.  If you do not agree to any future amendments, do not use or access (or continue to use or access) this Website.

4. ELIGIBILITY

This Website is intended for access and use by individuals 18 years of age and older. By accessing and using the Website, you are certifying that you are at least 18 years old and that you have the capacity to understand and make informed decisions in respect of these Terms of Use and any and all information hosted on this Website or on third party websites linked to from this Website, whether created by us, users of this Website or third parties.

5. NOT MEDICAL ADVICE

All content on this Website, including, text, images, links, suggestions, programs, videos, guidance, and all other material posted or hosted by this Website (collectively the “Information”), will not be deemed or understood by you to be medical advice, opinion, diagnosis or treatment.  The Information is not a substitute for, nor can it replace, professional medical and optometry advice, diagnosis or treatment. You are encouraged to schedule an appointment with our optometrists and other medical professionals on a regular and ongoing basis as a fundamental and essential part of maintaining general health and treatment of medical conditions, which may be known or unknown to you.

6. HEALTH CLAIMS

The Information on this Website will not be deemed or understood by you to be a health claim in respect of the impacts of optometry services on human health, including use of optometry care as a treatment, preventative measure or cure for any disease or health condition.  You further accept and acknowledge that the Information may include uncertainties, assumptions and other factors that may cause actual results or performance to differ materially from information provided in the Information.  Information upon which you may rely as a health claim can only be provided through appointments with optometry health professionals.

7. PROPRIETARY RIGHTS

This Website and all content on this Website, including, text, images, links, suggestions, programs, videos, guidance, and other material is owned by Dr.Fujimoto or its third party licensors and is protected by the intellectual property laws of Canada and if applicable, internationally, unless such content is identified as User Content pursuant to Paragraph 9 of these Terms of Use.  Nothing found on this Website may be copied, reproduced, published or republished, transmitted, distributed, sold, licensed, transferred, communicated or modified without the prior express written consent of Dr. Fujimoto.  All trademarks, registered or not, service marks and trade names are the property of Dr. Fujimoto or the property of third party licensors who have been granted the right and license to use such marks.  You may not reproduce, post or distribute any copyright material, trademarks or other proprietary information without obtaining prior consent of the owner of such proprietary rights.

8. USER CONTENT

You will be permitted, in our sole discretion, to post, upload, publish, submit or transmit content to this Website including User comments and reviews in respect of Dr. Fujimoto’s professional services (“User Content”).  Dr. Fujimoto does not screen any User Content, but in its sole discretion will have the right to do so and to remove any User Content that violates these Terms of Use or is otherwise objectionable in Dr. Fujimoto’s sole discretion.

9. LIABILITY DISCLAIMER

Except as explicitly provided in these Terms of Use, as amended from time to time, Dr. Fujimoto, its subsidiaries, affiliates and each of their respective directors, officers, shareholders, employees, agents, representatives, contractors, suppliers and third party providers (collectively the “Third Parties”) makes no representations or warranties of any kind, express or implied, regarding the Information, all of which is provided on an “as is” and “as available” basis.   Dr. Fujimoto and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the Information and expressly disclaim all warranties and conditions in respect of the Information.

By using this Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Website, including User Content, or other third parties will be limited to the particular user or third party that caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Dr. Fujimoto and/or the Third Parties with respect to such actions or omissions.  If you have a dispute with one or more users or Third Parties, you release us and the Third Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Website.

10. MAXIMUM LIABILITY

If Dr. Fujimoto or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with the Website or the Information, the liability of Dr. Fujimoto and the Third Parties will in no event exceed in the aggregate $100.00 (Canadian currency).

In no event will Dr. Fujimoto or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with your use of the Website, the Information, or the products or services offered on the Website, even if advised of the possibility of damages.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions.  These statutory prohibitions may apply to you, and Dr. Fujimoto acknowledges that in that case, parts of these Terms of Use will not be binding upon you.

11. INDEMNIFICATION

You will indemnify and save harmless Dr. Fujimoto and the Third Parties from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (a) your violation of these Terms of Use; and (b) any claim or damage arising as a result of your User Content.

12. GENERAL PROVISIONS

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by us without restriction.  If Dr. Fujimoto  fails to exercise or enforce any right or provision of these Terms of Use, such failure shall not operate as a waiver of such right or provision.  The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. These Terms of Use will be severable.  In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.

13. GOVERNING LAW

These Terms of Use will be governed by the laws of the province of Ontario, Canada, and the federal laws of Canada applicable in the province of Ontario.

14. ENTIRE AGREEMENT

These Terms of Use, together with those incorporated or referred to in these Terms of Use, constitute the entire and exclusive agreement between us pertaining to the subject matter of these Terms of Use and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by Dr. Fujimoto as set out above.  There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms of Use.  No party has been induced to enter into these Terms of Use in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use.

15. ARBITRATION AND MEDIATION

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to these Terms of Use, including those relating to its validity, its construction, or its enforceability, or to the use of this Website (collectively “Disputes”) shall be settled by binding arbitration.  You acknowledge and agree that you and Dr. Fujimoto are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding in any jurisdiction in respect of a dispute arising, directly or indirectly, out of these Terms of Use.
 
The arbitration shall be conducted in accordance with Ontario’s Arbitration Act, 1991, SO 1991, c 17, as amended from time to time.

16. ELECTRONIC COMMUNICATIONS AND NOTICES

When you visit this Website or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use will be given in writing by Dr. Fujimoto via e-mail or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically to satisfy any legal requirement that such communications be in writing.
 
Please direct inquiries to Dr. Fujimoto Optometry Professional Corporation at 578 King Street Midland, Ontario., L4R 4P3., or by facsimile to (705) 275-1705, or by telephone to (705) 527-1915.
 

 17. PRIVACY POLICY

By accepting these Terms of Use, you represent and warrant that you have read and understood our privacy policy, which is located here.
 

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