Last updated: November 1, 2021

EmergConnect Inc. Terms of Use

1. AGREEMENT

EmergConnect Inc. (“EmergConnect”, “we”, “us”, or “our”) is pleased to present EmergConnect, our patient facing registration, triage, intake, individualized emergency department wait-time prediction and clinical direction system, accessible through our mobile and web applications, as available (“Mobile Patient Portal”).

Before you use our Mobile Patient Portal, you must signify that you have read, fully understand and agree to be legally bound by these terms of use (the “Terms of Use” or the “Agreement”), our Privacy Policy and our Disclaimers and Liability Waivers, by clicking “I Agree” to each and you must have the legal capacity to do so.

EmergConnect does not provide, and use of the Mobile Patient Portal does not constitute medical advice or medical, treatment or diagnostic services. Never use information you obtain on the Mobile Patient Portal to disregard the advice of your physician or other health care provider, or to take, or not take, actions that may affect your health without the advice of your physician or other health care provider. The Mobile Patient Portal is not a 911 service, dispatch centre, emergency service provider, and/or lifesaving solution for people suffering a medical emergency, or who are at risk in their home or otherwise, and you may not contact EmergConnect or its suppliers or contractors with any life or safety, medical or other emergency.

IN THE EVENT OF AN EMERGENCY, CONTACT 911 OR VISIT YOUR NEAREST EMERGENCY DEPARTMENT.

You must monitor all messages you receive from EmergConnect or from any healthcare provider, and respond when asked. If you do not respond, your registration may be cancelled.

The Mobile Patient Portal relies on the completeness and accuracy of the Intake Information and the User Content that you provide, which may, in some cases be subjective information or medical information (such as vital signs) and relies on you updating such Intake Information and User Content immediately if it changes. The Mobile Patient Portal uses natural language processing and machine learning to conduct triage analysis and predict emergency department wait times and may not be accurate. Further, although the Mobile Patient Portal directs users experiencing certain serious conditions or children under a certain age not to use the system and directs these users to triage in the emergency room, there are inherent risks in using the Mobile Patient Portal, including your condition getting worse. You should not use the Mobile Patient Portal if you are experiencing serious mental health issues or if you pose a risk of harm to yourself or others. You acknowledge and agree that you should go to your nearest emergency room if your condition gets worse. You agree you use the Mobile Patient Portal at your sole risk and that EmergConnect and the hospitals and health care providers for which you can use the Mobile Patient Portal are not liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of using or misusing the Mobile Patient Portal.

If you do not attend at the emergency room, or attend the emergency room following the use of the Mobile Patient Portal your registration may be cancelled. Your attendance, or failure to attend, the emergency room is at your sole risk and EmergConnect and the hospitals and health care providers for which you can use the Mobile Patient Portal are not liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of the foregoing. Your use of the Mobile Patient Portal does not mean that you are a patient of any hospital. You become a patient of the hospital upon your attendance at the hospital and being input into the hospital system by a clinician.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR MOBILE PATIENT PORTAL. We suggest you print or save a copy of these Terms of Use for your records.

2. HOW WE MAKE CHANGES TO THESE TERMS OF USE

Since we regularly review all of our policies and procedures, we may change these Terms of Use from time to time. Any changes will be effective upon the updated Terms of Use being posted on the Mobile Patient Portal. We will reflect any such changes to these Terms of Use on the Mobile Patient Portal and will indicate the date these Terms of Use were last updated. Your continued access to and/or use of our Mobile Patient Portal after any such changes constitute your acceptance of, and agreement to be legally bound by these Terms of Use, as updated. We encourage you to review these Terms of Use each time you use our Mobile Patient Portal.

3. HOW WE MAKE CHANGES TO THE MOBILE PATIENT PORTAL

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, our Mobile Patient Portal or its features or abilities, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

4. REGISTRATION AND TRIAGE

When you use the Mobile Patient Portal, including the registration and triage processes, you agree: (a) that you will provide complete and accurate information about yourself and your condition; and (b) to update such information immediately as it changes. The information you provide as part of your registration and triage process, including your medical information is your “Intake Information”. We use and disclose this information only as described in our Privacy Policy.  In the event that you do not provide complete or accurate information or update such information, or we have reasonable grounds to suspect that you have not provided complete and accurate information or updated such information, we shall have the right, in our sole and absolute discretion, to prevent you from using the Mobile Patient Portal, or any features of the Mobile Patient Portal. For greater certainty, your Intake Information is not User Content as described in Sections 5 and 7.

5. USER CONTENT

Certain features and/or portions of the Mobile Patient Portal, may (or may in the future) require or permit you to upload, post publicly, submit or otherwise transmit information and other content, such as your suggestions and feedback to us, through the Mobile Patient Portal (the “User Content”). For clarity, your Intake Information, including medical information, is not User Content, and is used and disclosed only as described in our Privacy Policy. All Intake Information will be owned by the care facility / hospital at which you as a patient elect to receive care.

You hereby agree that you shall not use the Mobile Patient Portal to upload, post, submit or otherwise transmit through, or to, the Mobile Patient Portal any User Content that:

• may, in our sole and absolute discretion, degrade, disparage, tarnish or deprecate us and/or our public image or standing in the community provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with us or our products or services in a manner prohibited under applicable law;
• is deemed, in our sole and absolute discretion, to be defamatory, trade libelous, pornographic or obscene;
• is deemed, in our sole and absolute discretion, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of any individual other than yourself, including names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than our products or services; any identifiable third party products, trademarks, brands and/or logos, other than those of EmergConnect; conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us in our sole and absolute discretion;
• infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
• contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains (in any format or media) any music, logos, trademarks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

6. INTELLECTUAL PROPERTY RIGHTS
   • The Mobile Patient Portal consists of information in text, graphical, video and audio formats, images, icons, buttons, designs, trademarks, brand names and software (collectively, the “Mobile Patient Portal Content”) that have been provided by EmergConnect and/or other entities under our direction (e.g. app designers). All such Mobile Patient Portal Content is owned by EmergConnect and/or the applicable third party entity. For greater certainty, EmergConnect and applicable third party entities hold all right, title, and interest in and to any and all Mobile Patient Portal Content.
   • You acknowledge that the Mobile Patient Portal Content is protected by all patent, copyright, trademark, and other applicable intellectual property laws. Your use of the Mobile Patient Portal does not grant or transfer to you any ownership or other rights in the Mobile Patient Portal Content, and except as expressly provided, nothing in these Terms of Use or within the Mobile Patient Portal shall be construed as conferring on you or any other person any license under any of EmergConnect’s or any third party’s intellectual property rights in the Mobile Patient Portal Any rights not expressly granted to you in these Terms of Use are expressly reserved by EmergConnect. For greater certainty, you agree that you will not take any action that is inconsistent with EmergConnect’s ownership of the Mobile Patient Portal and/or EmergConnect’s ownership of, or any third party’s ownership of, any Mobile Patient Portal Content.
   • Subject to your compliance with these Terms of Use, including all restrictions in these Terms of Use, EmergConnect grants you a limited, non-exclusive, non-transferable, non-assignable, fully paid-up, royalty-free and revocable license to download, access, view and use the Mobile Patient Portal on a device that you own or control and the Mobile Patient Portal Content available as part of the Mobile Patient Portal for your personal and non-commercial use within Ontario. This limited license does not include any rights not specifically enumerated herein.    
   • Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Mobile Patient Portal may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of EmergConnect or other entities. Trademarks may be registered in Canada and in other countries as applicable. All Trademarks not owned by EmergConnect are the property of their respective owners, and, where used by EmergConnect are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks without the express written consent of the applicable owner is strictly prohibited. Nothing contained in these Terms of Use or within the Mobile Patient Portal may be construed as granting, by implication, estoppel, or otherwise, any license to use the Trademarks. You agree that you will not take any actions inconsistent with EmergConnect’s ownership of, or any third party’s ownership of, the Trademarks.
7. LICENSE, WAIVERS AND REPRESENTATIONS REGARDING USER CONTENT
   • By using the Mobile Patient Portal you are giving EmergConnect permission to use any User Content you upload, post publically, submit or otherwise transmit through or to the Mobile Patient Portal in accordance with our Privacy Policy. Without limiting the foregoing, by using the Mobile Patient Portal you:
     • hereby grant and agree to grant to EmergConnect a worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free, non-exclusive license to use the User Content subject to our Privacy Policy and in compliance with the applicable privacy laws; and
     • hereby unconditionally waive and agree to unconditionally waive all moral rights in and to all User Content that you upload, post, submit or otherwise transmit through or to the Mobile Patient Portal in favour of EmergConnect.

For greater certainty, this means that, among other things, EmergConnect may use any and all ideas you submit (including ideas about our Mobile Patient Portal,  plans, services, publications or campaigns), in a de-identified/aggregated manner, to improve the improve the quality and functionality of our products or services, or to develop new ones.

• Without limiting the foregoing, you also hereby acknowledge, agree, warrant and represent to EmergConnect that:
  • you shall be responsible for all acts or transactions that occur through the Mobile Patient Portal from your device, including for ensuring the accuracy, reliability or completeness of any and all User Content and Intake Information you upload, post, submit or otherwise transmit through or to the Mobile Patient Portal;
  • we cannot, do not and are not required to validate the accuracy, reliability or completeness of any User Content or Intake Information; and
  • we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) uploaded, posted, submitted or otherwise transmitted through or to the Mobile Patient Portal.

8. CONFIDENTIALITY

The structure, organization and source code of the Mobile Patient Portal are the valuable trade secrets and proprietary confidential information of EmergConnect and its licensors.  You agree not to provide or disclose to any third party any such confidential information that is or that may be contained in and/or derived from the Mobile Patient Portal.

9. RESTRICTIONS

Without limiting anything else in these Terms of Use, except as expressly permitted by these Terms of Use, you agree that you shall not:

• use, copy, modify, download or transfer the Mobile Patient Portal, in whole or in part;
• (i) reverse engineer, disassemble, decompile, or translate the Mobile Patient Portal; (ii) attempt to derive the source code of the Mobile Patient Portal; (iii) create any derivative work from the Mobile Patient Portal; (iv) use the Mobile Patient Portal or the Mobile Patient Portal Content to create a competing product; and/or (v) authorize or assist any third party to do any of the foregoing;
• rent, lease, loan, share, resell, or otherwise distribute the Mobile Patient Portal;
• remove or alter any proprietary notice or legend regarding EmergConnect’s, or any third party’s, intellectual property or other proprietary rights in the Mobile Patient Portal, including the Mobile Patient Portal Content;
• use the Mobile Patient Portal except in accordance with the terms of Term of Use and all applicable laws and regulations;
• use the Mobile Patient Portal: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability;
• disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Mobile Patient Portal;
• collect information about others without their consent; and/or
• upload, post, email, transmit or otherwise make available any User Content that you do not have the right to disclose or make available.

10. FEEDBACK

If you provide ideas, suggestions, concepts, or proposals relating to the Mobile Patient Portal (the “Feedback”), you grant us and agree to grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, transferable, fully paid-up and royalty-free right and license to make, use, sell, market, have made, offer to sell, import, reproduce, publicly display, transmit, distribute, modify, publicly perform, and otherwise exploit such Feedback, in whole or in part, for any purpose, including combining the Feedback with other materials and/or products and making derivative works of or alterations to the Feedback in any manner or format whatsoever, without any reference, obligation, or remuneration to you. All de-identified/aggregated Feedback shall be deemed non-confidential to you. You shall not provide any Feedback you have reason to believe is or may be subject to the intellectual property claims or rights of a third party.

11. DISCLAIMERS AND LIABILITY
    • TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE PATIENT PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES AND IMPLIED CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES (AS DEFINED BELOW) MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE MOBILE PATIENT PORTAL WILL BE COMPATIBLE WITH YOUR DEVICE; (II) THAT USE OF THE MOBILE PATIENT PORTAL WILL MEET YOUR REQUIREMENTS; (III) THE MOBILE PATIENT PORTAL WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (IV) USE OF THE MOBILE PATIENT PORTAL, INCLUDING, IF APPLICABLE, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (V) THE TRANSMISSION OF INFORMATION TO AND FROM THE MOBILE PATIENT PORTAL WILL BE SECURE; (VI) THE USE OF THE MOBILE PATIENT PORTAL WILL NOT INFRINGE THE RIGHTS (INCLUDING, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VII) USE OF THE MOBILE PATIENT PORTAL WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.
    • WHILE EMERGCONNECT ENDEAVOURS TO SAFEGUARD ALL INFORMATION WE HOLD AS DESCRIBED IN OUR PRIVACY POLICY, YOU SHOULD BE AWARE THAT NO FORM OF INTERNET TRANSMISSION OR NETWORK SECURITY IS GUARANTEED TO BE SECURE AGAINST ALL FORMS OF THREAT ACTORS OR INSTRUCTION, AND YOUR USE OF THE MOBILE PATIENT PORTAL IS AT YOUR OWN RISK.
    • TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMERGCONNECT, OR ANY HOSPITALS OR HEALTH CARE PROVIDERS FOR WHICH YOU CAN USE THE MOBILE PATIENT PORTAL, OR ANY OF THEIR RESPECTIVE AGENTS’, LICENSORS’, SUPPLIERS’ AND SUBCONTRACTORS’ AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE MOBILE PATIENT PORTAL OR MOBILE PATIENT PORTAL CONTENT (INCLUDING, ANY THIRD PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT EMERGCONNECT HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE MOBILE PATIENT PORTAL AND THE MOBILE PATIENT PORTAL CONTENT AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EMERGCONNECT. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
    • You hereby acknowledge that any hospitals or health care providers for which you can use the Mobile Patient Portal are third party beneficiaries to these Terms of Use and, upon your acceptance of these Terms of Use, any hospitals or health care providers for which you can use the Mobile Patient Portal will have the right to enforce these Terms of Use against you as a third party beneficiary hereof.
12. INDEMNIFICATION BY USER

To the greatest extent permitted by law, using the Mobile Patient Portal and the Mobile Patient Portal Content made available as part of the Mobile Patient Portal, you hereby agree to indemnify, defend (at EmergConnect’s option) and hold harmless EmergConnect and the Released Parties, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your use of the Mobile Patient Portal and the Mobile Patient Portal Content made available as part of the Mobile Patient Portal, User Content, and/or breach of these Terms of Use, including any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other cause of action.

13. LINKS

The Mobile Patient Portal may contain links to websites that are independently owned and operated by third parties. These websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any website(s) owned and operated by third parties. Third party websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from the Mobile Patient Portal to other websites, or references to products, services or publications other than those of EmergConnect, do not imply the endorsement or approval of such websites, products, services or publications by EmergConnect.

14. PROVISION OF THE MOBILE PATIENT PORTAL
    • The Mobile Patient Portal is accessible through a mobile (iOS and Android) and web application, as available, that is provided to you for use on compatible devices for download in the respective app stores and/or our website. We do not charge for the download, access and use of the Mobile Patient Portal. Any connection costs incurred during use, e.g. charged by your mobile phone or internet provider, are to be borne by you.
    • By downloading the Mobile Patient Portal you consent to the installation of the Mobile Patient Portal and all related components and software (including all updates or upgrades thereto) on your device.
    • The system requirements of the current version of the Mobile Patient Portal are stated in the product and update descriptions for the Mobile Patient Portal in the respective app stores or on our website prior to download. Please check your app store or our website for updates or newer versions of the Mobile Patient Portal. You have no entitlement to future or further provision of the Mobile Patient Portal or any updates.
    • The following applies if you acquire the Mobile Patient Portal from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Use are between you and EmergConnect only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) EmergConnect, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Use; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to Google-Sourced Software.
    • The following applies if you acquire the Mobile Patient Portal from the Apple App Store: You hereby acknowledge that these Terms of Use are concluded between EmergConnect and you only, and not Apple Inc. (“Apple”). EmergConnect, not Apple, is solely responsible for the Mobile Patient Portal and the Mobile Patient Portal Content made available as part of the Mobile Patient Portal. In addition to these Terms of Use, you must comply with any applicable third party terms of agreement when using the Mobile Patient Portal. The license(s) granted herein are subject to any usage rules set forth by Apple. In the event of any third party claim that the Mobile Patient Portal or your possession and use of the Mobile Patient Portal infringes that third party’s intellectual property rights, EmergConnect, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. EmergConnect, and not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile Patient Portal or your possession and/or use of the Mobile Patient Portal, including: (i) any product liability claims; (ii) any claims that the Mobile Patient Portal fails to conform to any applicable or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. You hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Mobile Patient Portal. You hereby acknowledge that Apple may be a third party beneficiary to these Terms of Use and, upon your acceptance of these Terms of Use, Apple will have the right to enforce the Terms of Use against you as a third party beneficiary thereof. In the event of any failure of the Mobile Patient Portal to conform to any applicable warranty Apple will have no warranty obligation whatsoever with respect to the Mobile Patient Portal, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EmergConnect’s sole responsibility. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties. Without limiting anything else in these Terms of Use, you agree to comply with applicable third party terms of agreement when using Mobile Patient Portal, including any terms of your wireless data service agreement.
15. TERMINATION

If you breach any provision of these Terms of Use you may no longer use the Mobile Patient Portal or the Mobile Patient Portal Content. We may, in our sole discretion, suspend or terminate, temporarily or permanently, the Mobile Patient Portal, or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other person or entity. If these Terms of Use or your permission to use the Mobile Patient Portal or the Mobile Patient Portal Content is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Mobile Patient Portal or the Mobile Patient Portal Content and anything relating to or arising from such use. If you are dissatisfied with the Mobile Patient Portal, the Mobile Patient Portal Content or with these Terms of Use then your sole and exclusive remedy is to discontinue using the Mobile Patient Portal and the Mobile Patient Portal Content.

16. AGE

Note that the use of our Mobile Patient Portal is restricted to persons age eighteen (18) or older.

17. GENERAL
    • Force Majeure. EmergConnect will not be deemed to be in breach of these Terms of Use, or otherwise be liable to you, by reason of any delay in performance or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is caused by, or contributed to, by any act of God, act of war, pandemic (whether or not declared), epidemic (whether or not declared), local disease outbreak, government decision or order, or other cause beyond the EmergConnect’s control. As well, the time for performance of that obligation shall be extended accordingly.
    • Any waiver by the EmergConnect of, or any consent of the EmergConnect to, any breach of these Terms of Use, whether express or implied, shall not constitute a waiver of or consent to any other, different, continuing, or subsequent breach.
    • The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision and shall be deemed several from the remainder of these Terms of Use.
    • Governing Law and Jurisdiction. These Terms of Use, and all related matters, shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters.
    • You may not assign, in whole or in part, any of your rights or obligations under these Terms of Use. EmergConnect may, without prior notice or consent, assign the Terms of Use or any of its rights or obligations hereunder. You give your approval to EmergConnect for it to assign the Terms of Use, in whole or in part, and upon such assignment the assignee shall assume all the rights and obligations of EmergConnect and EmergConnect shall be released. These Terms of Use will inure to the benefit of your and the EmergConnect’s successors and assigns.
    • There is no joint venture, partnership, employment or agency relationship created between you and the EmergConnect as a result of these Terms of Use or download, access or use of the Mobile Patient Portal.
    • Further Assurances. You agree to execute and deliver all such further documents and instruments and do all acts and things as the EmergConnect may reasonably require to carry out the full intent and meaning of these Terms of Use.
    • Entire Agreement. These Terms of Use constitute the entire agreement between you and the EmergConnect and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.
    • You have requested that these Terms of Use and all correspondence and all documentation relating to these Terms of Use be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.
    • You may contact the EmergConnect, including with respect to any questions, complaints or claims related to the Mobile Patient Portal, at: Info@emergconnect.ca
    • Rules of Interpretation. Every use of the words “including” or “includes” in these Terms of Use is to be construed as meaning “including, without limitation” or "includes, without limitation", respectively.
    • The following Sections, in addition to any Sections which by their nature or by law are intended to survive, will survive termination of these Terms of Use: Section 1 (Agreement), Section 6 (Intellectual Property Rights), Section 7 (License, Waivers and Representations Regards User Content), Section 8 (Confidentiality), Section 9 (Restrictions), Section 10 (Feedback), Section 11 (Disclaimers and Liability), Section 12 (Indemnification by User), Section 13 (Links), Section 14(d) and Section 14(e) (Provision of Mobile Patient Portal) and Section 17 (General).