Terms & Conditions

PLEASE CAREFULLY READ THE FOLLOWING TERMS.  BY CLICKING ON “I AGREE”, YOU INDICATE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND BLOCKMD USER PRIVACY POLICY (https://www.blockmd.ca/privacy-policy) AND HEREBY ENTER INTO A LEGALLY BINDING AGREEMENT WITH BLOCKMD.  IF YOU DO NOT AGREE WITH THESE TERMS DO NOT CLICK ON “I AGREE” BELOW.

 

BlockMD USER AGREEMENT

This agreement is made between BlockMD. (“BlockMD”), and you (“You”, “Your” and other similar words). Your access to and use of the Software and BlockMD is governed solely by the terms of this Agreement which supersedes and replaces the terms of any other prior agreement, writing or understanding between You and BlockMD. “You” includes all your heirs, trustees, administrators and other legal representatives.

BlockMD carries on the business of providing the proprietary software to connect Users and Providers in order to conduct, online communications including but not limited to video conferencing, messaging, file sharing, chat and scheduling primarily for, but not limited to, the purposes of delivering non-urgent care and support, (“BlockMD”).   IF YOU HAVE A MEDICAL EMERGENCY, PLEASE SEEK MEDICAL ATTENTION IMMEDIATELY BY PHONING YOUR EMERGENCY MEDICAL SYSTEM (9-1-1 IN MANY JURISDICTIONS) AND/OR BY GOING TO A HOSPITAL.

BlockMD reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software and BlockMD at any time, effective upon posting of an updated version of this Agreement. Your continued use of BlockMD following notice of such change means that you agree to and accept the Agreement as amended.  If you do not agree to any modification of this Agreement, you must immediately stop using the Software and BlockMD and notify us that you are terminating this Agreement.

BY YOU USING THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (WHICH ALSO INCLUDES BLOCKMD USER PRIVACY POLICY (https://www.blockmd.ca/privacy-policy).

 

TERMS AND CONDITIONS

  1. DEFINITIONS. As used in this Agreement:
  2.   “Agreement” means these Terms and Conditions and BlockMD User Privacy Policy incorporated by reference into this Agreement.
  3.   “Anonymized Data” means is data derived from Personal Information that You or other Users and Provider have uploaded to the Software but containing no personal identifier.
  4.   “Applicable Laws” means all laws, regulations and codes applicable to the receipt of Services by You.
  5.   “Assigned Organization” means any organization that licenses the Software for the purposes of Providers to provide services to Users, and in this case, to You.
  6.   “Confidential Information” means all information regarding BlockMD’s business, including, without limitation, the Software, BlockMD, any software and other confidential or proprietary information, disclosed under this Agreement.
  7.   “Email Address” means a single valid email address provided by You.
  8.   “BlockMD User Privacy Policy” means the policy governing the collection, use, disclosure and retention of information of an identifiable individual You can access here: https://www.blockmd.ca/privacy-policy.
  9.   “Personal Information” means information about an identifiable individual, including You, that is collected, used and disclosed in the course of delivering BlockMD.
  10.  &
  11.   “BlockMD Parties” means BlockMD and its officers, directors, agents, subsidiaries, suppliers and employees.
  12.   “Services” means the services provided by the Provider to You.
  13.   “Software” means the on-line software used to provide BlockMD and delivered by BlockMD to You, as made available by BlockMD from time-to-time.
  14.    “User” means any user of the Software, including You.
  15.   “User System” means the technology, including hardware and software used by You to receive or access the Software.
  16.   “Your Data” means any data, information or information submitted by You or Your Provider with whom you connect through the Software, and includes, without limitation, Personal Information.
  17. Software
  18.   License to the Software. Subject to You complying with each term of this Agreement, BlockMD hereby grants to You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Software to access BlockMD in accordance with this Agreement solely for personal reasons and not for resale or to provide services to third parties.
  19.   No Sharing. Other than caregivers properly authorized by You, Your access to the Software cannot be shared with anyone. You will maintain a single user account represented by Your Email Address on BlockMD.  You will only use the Software and access BlockMD under this single identity and will not share Your password with any other person or permit another person to interact with the Software using Your account information or password, other than in the case of caregivers properly authorized by You.
  20.   Software. BlockMD shall use commercially reasonable efforts to (a) maintain the security of the Software; and (b) make the Software available in accordance with this Agreement. The Software will be unavailable from time to time for regularly scheduled and other maintenance and updates. BlockMD does not guarantee any uptime, speed or availability of the Software or BlockMD to You and Specifically denies any responsibility or liability for any loss, damages or claim arising out of, or related to, any unavailability or speed of the software (or part thereof) at any time. BlockMD may change, suspend or discontinue any aspect of BlockMD or Software at any time without notice or liability.
  21.   Communication Software – Not Advice. You acknowledge and agree that BlockMD’s activities under this agreement are limited only to providing technology to facilitate communication between you and Provider and agree that BlockMD only provides the Software, and the Software operates from within Canada.
  22. YOUR USE OF THE SOFTWARE
  23.   Access and Security Guidelines. You will use Your real name and Your own valid Email Address and create Your own password to use in association with Your Email Address for access to and use of the Software and BlockMD. You are solely responsible for ensuring the security and confidentiality of Your password. You shall not share your password with anyone at any time other than as permitted under Section 2.2. You will prevent unauthorized access to or use of the Software or BlockMD, and notify BlockMD promptly of any such unauthorized use.  You are responsible for the use of the Software and BlockMD by You or any other person using Your password. BlockMD offers two-factor authentication. If You elect to enable two-factor authentication, BlockMD will provide you with a random code that allows You to access Your account, typically sent to Your cellular mobile device via SMS. Whether or not You elect to enable two-factor authentication, it is Your responsibility to ensure that Your account password is of sufficient strength and is changed regularly to prevent unauthorized access.  You shall ensure that the User System is secure and uses an up-to-date commercially available anti-virus and security software. BlockMD has no responsibility whatsoever for any User System. You will not use Your access to BlockMD to: (a) harvest, collect, gather or assemble information or data regarding BlockMD or information or data of other BlockMD users without their consent; (b) access, modify or copy any data or information of BlockMD or other BlockMD users without their consent; (c) knowingly interfere with or disrupt the integrity or performance of BlockMD or the data contained therein; or (d) harass or interfere with another of user’s use and enjoyment of BlockMD. You will, at all times, comply with all local, provincial/territorial and federal laws of Canada when using the Software and accessing BlockMD. BlockMD makes no representations that the Software or BlockMD is appropriate, legal or available for use in other jurisdictions. Those who access or use the Software and BlockMD from other jurisdictions do so at their own volition and risk, and are responsible for compliance with all applicable law (local, domestic and international).
  24.   Your Data. You are solely responsible for Your Data that you provide and You will not provide, post or transmit any data, information, content or material that: (a) infringes, misappropriates or violates any intellectual property rights, publicity/privacy rights or other rights of any third party, or any law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information. BlockMD may take any remedial action if Your Data violates this Section 3.2; however, BlockMD is under no obligation to review any data, information, content or material on BlockMD for accuracy or potential liability.
  25.   Use Restrictions. You are responsible for all activities that occur under Your account. You will not, and will not attempt to, do any of the following: (a) reverse engineer, disassemble or decompile any component of the Software or BlockMD; (b) interfere in any manner with the operation of the Software or BlockMD or the hardware and network used to operate the Software; (c) transfer any of your rights under this Agreement, use the Software or access BlockMD for the benefit of a third party or operate a service bureau; (d) modify, copy or make derivative works based on any part of the Software or BlockMD; (e) otherwise use the Software or access BlockMD in any manner that exceeds the scope of use permitted under Section 2.1; (f) use the Software or access BlockMD in any way that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (g) use the Software or access BlockMD in any way 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; (h) use the Software or access BlockMD in any way that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party anywhere in the world; (i) use the Software or access BlockMD in any way that discloses personal information about another person, unless permitted by this Agreement or that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity; (j) use the Software or access BlockMD in any way for unsolicited promotions, political campaigning, advertising or solicitations; (k) use the Software or access BlockMD in any way that introduces or spreads viruses, corrupted data or other harmful, disruptive or destructive files in to the Software or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (l) use the Software or access BlockMD in any way that, in the sole judgment of BlockMD, is objectionable or which restricts or inhibits any other person from using or enjoying BlockMD or which may expose BlockMD or its Users to any harm or liability of any type, or creates or imposes an inappropriate load or creates large bandwidth-consuming transactions on BlockMD .
  26.   No Competitive Use. You may not subscribe for, use or access the Software if You are (or are engaged by) a competitor of BlockMD, except with BlockMD’s prior written consent. In addition, You may not subscribe for, use or access the Software for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
  27.   Suspension or Cancellation of Your Use. In addition to any other right or remedy that BlockMD may have under this Agreement or at law, BlockMD may terminate or suspend (partially or completely) Your access and use of the Software without prior notice for any reason, but BlockMD will confirm such termination or suspension by subsequent notice to You. You are responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by your use of BlockMD.
  28.   Consent and License You Give Us. You hereby grant to and consent to BlockMD collecting, using, storing and disclosing your Personal Information in accordance with BlockMD User Privacy Policy.
  29.   In collecting, using and disclosing your Data as required by You and Your Provider, you agree and license BlockMD to host, share, reproduce, modify, create derivative works (such as those resulting from translations, or other changes we make so that Your Data works better with our Software), communicate, publish, perform, display and distribute such content (see examples below in Section 3.8), and to assign the same license grant for such content to any Assigned Organization that may be required to provide services to You on Your request within the Software.  The rights you grant in this license to your Data are for the purpose of operating, promoting and improving BlockMD and for delivering care to You. You hereby agree that the foregoing rights granted by You under this Section 3.7 may be sublicensed or assigned by BlockMD, in whole or in part, to third parties delivering you care through BlockMD. This license grant survives You ceasing to use our Software for so long as BlockMD or such third parties are legally required and permitted to have and maintain Your Data, and in the case where applicable law does not impose limits on this license grant, for perpetuity.
  30.   Examples of Services We Need the License For. As examples only, the license in Section 3.7 allows BlockMD on its own behalf and on behalf of Your Provider to use and disclose Your Data when providing the Services: (a) to a Provider or Assigned Organization to schedule a visit with, send a message to, share a file with, or otherwise communicate with additional Providers and to send any appropriate records to these additional Providers on your behalf; (b) to BlockMD, Providers or Assigned Organizations to ensure that Your clinical data is stored on electronic medical record systems in use in the applicable jurisdiction; (c) to Providers or Assigned Organizations to conduct administration of billing, such as through government operated plans or private insurers; (d) to other providers involved in the provision of services to You , including but not limited to other providers, clinic operators, specialists, pharmacists, lab technicians, nutritionists, physiotherapists, and occupational therapists; and (e) if the disclosure is required by law, such as reporting infectious diseases pursuant to a statutory obligation, to law enforcement agencies in certain circumstances, to comply with a subpoena or court order, or for other statutory or legal purposes.
  31.   Content. BlockMD does not represent or guarantee the truthfulness, accuracy or reliability of and BlockMD takes no responsibility and assumes no liability for any content posted, stored or uploaded by You, any user of BlockMD, any Provider or any third party on, in or to BlockMD, or for any loss or damage arising therefrom, nor is BlockMD liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. YOUR USE OF BlockMD IS AT YOUR OWN RISK OF BEING EXPOSED TO SUCH MATERIAL.
  32. YOUR WARRANTIES AND PROMISES TO BlockMD
  33. Your Warranties. You hereby represent and warrant to BlockMD now and at all times during your access and use of the Software and BlockMD, and BlockMD is relying on Your representations and warranties in allowing You to use and access the Software and BlockMD, that: (i) you are a resident of a jurisdiction in which the Software and BlockMD, and your use of the Software and BlockMD is not contrary to Applicable Laws; (ii) any information that You provide at any time to BlockMD is true, accurate, and complete; (iii) You have all necessary rights to provide any of Your Data, or any other information, data, materials or content to BlockMD for the purposes described in this Agreement; (iv) at all times during this Agreement, You shall not communicate with any Provider that is not in compliance with all Applicable Laws (local, domestic or foreign) and (v) You agree to hold BlockMD’s Confidential Information in strict confidence and not to use such Confidential Information for any purpose except as expressly permitted hereunder.
  34. Security Vulnerability. In order to maintain the Software as secure as possible, You must not disclose any security vulnerability to any person except BlockMD.  Immediately upon discovering any issue or problem that may be pose a risk to the security or use of BlockMD or to Your Data (or any data of any other user of the Software), you must notify us by contacting gmillard@blockmd.ca.
  35. OWNERSHIP
  36.   BlockMD exclusively owns and retains all right, title and interest in and to the Software and BlockMD and all software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, BlockMD’s Confidential Information, and BlockMD proprietary information and technology used by BlockMD or provided to You in connection with BlockMD and any compilation thereof (the “BlockMD Technology”). “BlockMD Technologies Inc.,” “BlockMD,” BlockMD logo, BlockMD logo, and other BlockMD logos and product and service names are or may be trademarks of BlockMD (the “BlockMD Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use BlockMD Marks, whether or not registered, in any manner. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original BlockMD Technology on any copy you make of BlockMD Technology. BlockMD Technology is protected by intellectual property rights under the laws of Canada and other countries, including copyright and trademark laws and are owned by or licensed to BlockMD. Other than as expressly licensed to You in this Agreement, no license or other rights in BlockMD Technology are granted to the You, and all such rights are hereby expressly reserved by BlockMD. BlockMD shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Software any suggestions, enhancement requests, recommendations or other feedback provided by You, relating to the Software.
  37.   Your Data. You retain all ownership in and to Your Data, including Data that is Personal Information. You grant to BlockMD, Providers and Assigned Organizations all necessary licenses in and to Your Data as necessary for BlockMD, Providers and Assigned Organizations to provide the Software and Services to You and as otherwise described in Sections 3.6, 3.7 and 3.8.
  38.   Anonymous/Aggregated Data. Notwithstanding Section 5.2 or any other term of this Agreement, during the term of this Agreement and afterwards, BlockMD maintains sole ownership to the aggregation of any Anonymized Data from within the Software and may use Anonymized Data at the sole discretion of BlockMD and may transfer, convey, sell, manipulate and otherwise exploit such Anonymized Data.
  39. TERM AND TERMINATION
  40.   Term. The term of this Agreement will commence on the date you sign up for the Software or begin to use BlockMD and continues until terminated in accordance with the provisions of this Agreement.
  41. Termination. You may cease using the Software at any time. BlockMD may cease providing You the Software (or any portion of it) at any time without notice.  BlockMD may terminate this Agreement immediately, and at any time, if You violate your obligations under this Agreement. Upon the termination of this Agreement for any reason, (a) the license granted to BlockMD in respect of Your Data survives for so long as BlockMD is required by law to retain such information; (b) BlockMD will cease providing and You will cease using the Software; and (c) BlockMD will be entitled to retain and use Your Data in accordance with the terms of this Agreement, subject always to the laws of the Province of British Columbia and applicable laws of Canada therein. BlockMD agrees that upon any early termination of this Agreement, BlockMD will allow (free of charge) You to access, without the right to modify, enhance or add to, Your Data (either through on-line access or an off-line mechanism provided by BlockMD) for a reasonable period of time after termination not to exceed thirty (30) days. Thereafter, BlockMD will remove all Your Data from BlockMD and store it offline.  If Provider authorizes disclosure of Your Data to You, BlockMD will provide Your Data that is offline at a reasonable fee to cover its costs of providing such information. The rights and duties of the parties under Sections 3.7, 4, 5, 6.2, 7, 8, 9, and 10 will survive the termination or expiration of this Agreement.
  42. WARRANTY DISCLAIMER
  43.   Warranty Disclaimed. BlockMD makes no warranty concerning BlockMD or Software. ACCORDINGLY, THE SOFTWARE, BlockMD AND ALL OTHER DATA OR MATERIALS PROVIDED IN CONNECTION WITH THIS AGREEMENT BY BlockMD AND ITS SUPPLIERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BlockMD AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BlockMD DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, ACCURATE, TIMELY, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE.
  44.   ADVICE. BlockMD DOES NOT PROVIDE ADVICE OF ANY KIND. BlockMD DOES NOT ENDORSE OR RECOMMEND ANY PROVIDER OR ASSIGNED ORGANIZATION AVAILABLE THROUGH BlockMD, OR ANY CARE, ADVICE, RECOMMENDATION OR PRODUCT RECOMMENDED BY ANY PROVIDER OR ASSIGNED ORGANIZATION. ANY AND ALL ADVICE OR CARE YOU OBTAIN (AND ANY RESULTS OR LACK OF RESULTS FROM FOLLOWING OR NOT FOLLOWING SUCH ADVICE OR CARE) FROM ANY PROVIDER OR ASSIGNED ORGANIZATION IS THE RESPONSIBILITY OF THE RESPONSIBLE PROVIDER PROVIDING ADVICE OR CARE, AND YOU. WITHOUT LIMITING THE APPLICATION OF ANY OTHER LIMITATION OR EXCLUSION OF LIABILITY UNDER THIS AGREEMENT OR AT LAW, YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT BlockMD HAS NO LIABILITY WHATSOEVER HOWEVER ARISING UNDER ANY THEORY OF LAW FOR ANY ADVICE, RESULT OR LACK OF RESULT FROM SUCH ADVICE OR CARE OBTAINED FROM ANY PROVIDER OR ASSIGNED ORGANIZATION.
  45.   THE SOFTWARE PERMITS YOU TO LINK TO OTHER WEBSITES OR RESOURCES ON THE INTERNET, AND OTHER WEBSITES OR RESOURCES MAY CONTAIN LINKS TO BlockMD’S WEBSITES. THESE OTHER WEBSITES ARE NOT UNDER BlockMD’S CONTROL. YOU ACKNOWLEDGE THAT BlockMD IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, FUNCTIONS, ACCURACY, LEGALITY, APPROPRIATENESS OR ANY OTHER ASPECT OF SUCH WEBSITES OR RESOURCES. THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT BY BlockMD OR ANY ASSOCIATION WITH ITS OPERATORS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BlockMD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR RESOURCE.
  46. INDEMNITY
  47.   By You. If any claim, action or demand is instituted against BlockMD Parties (a) arising out of or relating to your use of BlockMD or Software (including, without limitation, any claims relating to any violation by you or a provider of any law, regulation or order (local, domestic or foreign) in relation to the use of the Software or through BlockMD); or (b) alleging that Your Data, or the use of Your Data pursuant to this Agreement, infringes, violates or misappropriates any intellectual property rights or other right of a third party or otherwise causes harm to a third party, You will indemnify, defend and hold harmless BlockMD Parties from such action at Your own expense on behalf of BlockMD Parties and shall pay all damages, fees, fines, costs or other amounts attributable to such claim, action or demand. You shall have no obligation under this Section for any claim or action that arises solely and directly out of a material breach of this Agreement by BlockMD.
  48.   Conditions. You may settle or compromise a claim without BlockMD’s prior approval of any such settlement or compromise only if (A) such settlement involves no finding or admission of any breach by BlockMD of any obligation to You or any third party, (B) such settlement has no effect on any defense that BlockMD may assert in any such claim, and (C) such settlement does not impose any condition or obligation on BlockMD of any kind (including, without limitation, any financial obligation). Upon Your assumption of the defense of such claim, BlockMD will cooperate with You in such defense, at Your expense, except to the extent that BlockMD has any adverse or different interest than You.
  49. LIMITATION OF LIABILITY
  50.   BlockMD’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), THE SOFTWARE AND BlockMD, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO BlockMD, IF ANY, BY YOU IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING YOUR FORMAL WRITTEN NOTICE OF THE CLAIM FOR LIABILITY HEREUNDER. ALL CLAIMS THAT YOU MAY HAVE AGAINST BlockMD WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL BlockMD BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF BlockMD OR SOFTWARE, EVEN IF BlockMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. BlockMD DOES NOT PROVIDE ADVICE OR RECOMMENDATIONS AND DOES NOT RECOMMEND, ENDORSE OR WARRANT ANY PROVIDER OR ANY ADVICE RECEIVED OR NOT RECEIVED THROUGH USE OF BlockMD.
  51. GENERAL PROVISIONS
  52.   Express Consent.  By entering into this Agreement, You expressly consent to receiving electronic messages (emails, text messages, instant messages or any similar form of message) from BlockMD which messages shall provide information related to BlockMD.  If You wish to use BlockMD on a mobile device, You further expressly consent to the installation of software (and any updates) required to use BlockMD as an application on mobile devices. You may contact BlockMD at the address, phone number and email located below in order to cancel Your consent to receive electronic messages and/or software updates at any time.
  53.   Publicity. BlockMD may make public announcements, including but not limited to, press releases and media announcements, of the existence of this Agreement, BlockMD and the Software.
  54.   Assignment. You may not assign any rights or obligations arising under this Agreement, whether by operation or law or otherwise, without the prior written consent of BlockMD. You agree that BlockMD may subcontract certain aspects of BlockMD to qualified third parties, provided that any such subcontracting arrangement will not relieve BlockMD of any of its obligations hereunder. Subject to the foregoing limitation, this Agreement shall inure to the benefit of and shall be binding on the heirs, legal representatives, successors and assignees of the parties.
  55.   Disputes. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the provincial and federal courts located in Calgary, Alberta and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement or Your use of the Software and BlockMD. To the extent permitted by law, You agree that You will not bring a claim under this Agreement more than 12 months from when Your claim first arises.
  56.   Injunctions. Notwithstanding the foregoing, if you breach or threaten to breach any provision of this Agreement You acknowledge that irreparable harm will result to BlockMD if You breach any obligation under this Agreement and You acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, You agree that BlockMD shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
  57.   Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta, Canada without giving effect to conflict of laws principles. Subject to the mandatory arbitration provisions, any action or proceeding arising from or relating to this Agreement must be brought in a court sitting in Alberta, Canada, except for applications for injunctive relief by BlockMD which BlockMD may bring in any jurisdiction. You hereby irrevocably submit to the jurisdiction and venue of such court in any such action or proceeding.
  58.   Waiver of Jury Trial.  TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO THE MANDATORY ARBITRATION PROVISION, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH BLOCKMD, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, ARISING OUT OF OR RELATING TO THIS AGREEMENT: YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
  59.   Waiver of Class Action Rights.  TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO THE MANDATORY ARBITRATION PROVISION, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH BLOCKMD, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
  60.   Notices. Any notice or other communication required or permitted under this Agreement and intended to have legal effect must be given in writing to the other party. You may send notices to Suite 500 – 2303 4th St SW, Calgary, AB, T2S 3S7, 403.808.0633, gmillard@blockmd.ca and BlockMD may send any notice to You at the Email Address.
  61.   Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
  62.   Enurement. All covenants, representatives, warranties and agreements of the parties contained herein will be binding upon and will enure to the benefit of the parties and their respective successors, permitted assigns, legal representatives, heirs and trustees.

12.   Questions or Additional Comments. If You have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to gmillard@blockmd.ca

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