Legal

Terms of Service

Last Updated September 25, 2020
Please read this document carefully. It contains important terms relating to your use of Bitebank Services.

This is a legal agreement between Bitebank Websites Inc. t/a Bitebank ("we" or "us" or "BB"), of 249-67 Mowat Avenue, Toronto, Ontario M6K 3E3, and the person named on the on-line enrolment form that was completed after you accept this agreement by click accepting during the sign up or login process ("you" or the "Member") regarding your use of www.dentalpatiented.com or www.mypracticetv.com (the "Website") and the services described below. If you are not acting on behalf of yourself as an individual, then "Member" or "you" means the company, organization or entity that you are representing and you are confirming that you are duly authorized to accept this agreement on behalf of and bind such company, organization or entity.

If you do not accept this agreement's terms, you must
not use the Website or Dental Patiented services.
  1. GETTING STARTED
  1. Acceptance. Your access to and use of the Website and the "Services" (as defined below) is subject exclusively to this agreement and any other terms or guidelines indicated to you by Dental Patiented to be applicable to specific Services. You will not use the Website or the Services for any purpose that is unlawful or prohibited by this agreement. By using the Website and the Services you are fully accepting the terms, conditions and disclaimers contained in this agreement. If you do not accept these terms, conditions and disclaimers you must immediately stop using the Website and the Services.
  2. Term and Renewal. The initial term of this agreement will be the period specified when you registered your Account (monthly, or one, two or three years). Unless this agreement is terminated earlier in accordance with its terms, or unless the parties agree in advance to renew this agreement on different terms, when that initial term expires this agreement will automatically continue on a month-to-month basis until terminated by you or us under Section 14.
  3. Members. You do not have to be a member to enjoy some of the Website's features. In particular, non-members may view some of the content on the Website, as long as they comply with this agreement and our policies. However, members receive additional benefits, subject to our policies and rules from time-to-time. We may change the benefits and features of membership from time-to-time by sending you an email or by posting the changes on the Website. All users of the Website and Services must comply with this agreement, regardless of whether they are members or not.
  4. Becoming a Member. To become a member you must complete Dental Patiented's online registration form (https://mypracticetv.com/pricing/) with current, complete and accurate information, and you must maintain and update that registration information as required to keep it current, complete and accurate. You authorize us to verify your registration information at any time, and to suspend or terminate your Account if we determine, in our sole discretion, that any registration information is untrue, inaccurate or incomplete.
  5. Eligibility. The following are not eligible to be BB members, unless BB decides otherwise in its sole discretion: (i) anyone who is not a dentist or not a member of an affiliated dental profession (e.g., dental hygienists, dental assistants, dental laboratory technicians, denturist, etc.); (ii) anyone who is under the age of 19 or under the age of majority in their jurisdiction of residence; or (iii) anyone who has had a Website account suspended or terminated previously.
  6. Member Use and Restrictions. Subject to this agreement and our Privacy Policy as in effect from time to time, which is located at https://mypracticetv.com/privacy-policy ("Privacy Policy"), upon becoming a member you may access and use your member account ("Account") and the Services, but only for your own internal purposes relating to your own dental practice. You must not resell, transfer or otherwise provide any of the Services to any third party. All rights not expressly granted in this agreement are reserved by us and our licensors. You will be granted a login user name and password for each Account that you purchase. You may set up additional user names and passwords for your Account for your staff, and may set each additional user's rights and permissions within your Account. You are responsible ensuring that all your users comply with this agreement.

    You agree not to access (or attempt to access) the Services by any means other than through the interface we provide.

    You must comply with the following rules regarding your Account, user name and password:

    1. You must select a unique user name and password for your Account. You must not use a user name or password that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. You must keep your password secure and confidential.
    2. You and your authorized users are the only ones who can access and use your Account. You must not allow anyone else to access or use your user name, password or Account. You are solely responsible and liable for all activity conducted through your Account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us.

    You may authorize Dental Patiented in writing to allow other parties (e.g., providers of search engine optimization services) access to your Account.

    It is Member's responsibility to ensure their website content complies with the laws and regulations of their state/province/country and affiliation. It is also the Member's responsibility to abide by rules set out by the RCDSO or any similar Practice Advisory.

  7. Member Qualifications. BB makes no representation or warranty as to the quality of the professional services to be performed by a BB member or that those are somehow greater than the quality of the same services performed by non-members. You will not overstate or embellish your professional qualifications via the Services or your Member Site or attempt in any manner to mislead others as to your qualifications, affiliations or identity. Further, you agree to abide by your governing association's rules pertaining to marketing and promotion of your services, and hold Dental Patiented harmless with respect to any and all content associated with member's website.
  1. SERVICES AND SERVICE PLANS
  1. Standard Services. BB has proprietary patient education videos which BB will make available in a content library from which you can select content ("Library Content") for your Member Site through monthly subscription plans on the Website. BB grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to publish Library Content on your Member Site during the term of this agreement.
  2. Patient Education Video Player. BB offers a video player with 20 free Patient Education Videos for the following licensed practitioner's website: dentist, hygienist or denturist. This free player and its 20 free videos may only be used on a website, after domain authorization by BB. Authorization request may be initiated by the practitioner after registration process via the "Website". A piece of code has to be placed on the practitioners website page to load the player and its videos. BB may quote the practitioner a service fee to program or embed the piece of code on their website. BB retains the right to include advertising in the feed and/or to charge a subscription fee for use of Patient Education Video Player, which fees would be indicated a minimum of 30 days prior to the introduction of such fees, at which time Member will have the option to continue or terminate its use of Free Patient Education Videos. BB retains the right to add or remove videos on the Free Patient Education Video Player. Member has the option to subscribe to other paid plans or services offered by BB in order to access the complete library of Patient Education Videos.
  3. My Practice TV. My Practice TV Service. The My Practice TV service allows Members to access and stream content developed and/or owned by Member, BB or third parties. References to "streaming" refers to video streaming. Monthly subscription costs are for streaming and Member support for BB software.
    • Availability: My Practice TV is only available for use in dental practices. BB reserves the right to offer or accept use at BB's discretion. For greater certainty, My Practice TV is not authorized for home use. My Practice TV is a globally available product and, if granted approval by BB, may be used anywhere in the world. BB holds the right to terminate the service of any Member, in which case the Member may be refunded a specified amount at BB's discretion.
    • Requirements: Member must meet the minimum requirements to operate the My Practice TV service located at. The minimum requirements include but are not limited to internet service and a TV.
    • Paid Subscription: BB offers this content streaming service to Members for feeds and video content (including BB's proprietary videos) for non-commercial use, for one television per practice. Additional televisions are subject to additional costs. Digital snippet reels sourced from the Member's purchased video content are available to stream on Member's My Practice TV account. The feed can be delivered to a TV via various mediums, as it becomes available from BB. For example, options may include, but are not limited to, TV sticks, tablets and Smart TV apps. Member is responsible for paying for any additional third-party requirements needed for My Practice TV (such as internet service, an internet router, a television, HDMI input and bandwidth). Member may expand their content library by paying a one time fee to purchase additional content package at any time (the one time fee is applicable per additional content package). BB purchases content on behalf of the Member. Content purchase service fees are included in the content pack. BB retains the right to include advertising, promotions and/or any other information in this product. BB retains the right to modify product pricing, which fees would be indicated a minimum of 60 days prior to the introduction of such fees, at which time Member will have the option to continue or terminate its use of My Practice TV.
    • Additional content: In order to gain access to additional content, Member must be signed up for a Paid Subscription and pay the applicable content license fees, fees for streaming content on additional TVs, and monthly streaming fees.
    • Content Content includes promotional materials, and educational materials.
    • Content License: Member owns the content license purchased by BB on its behalf (the "Content License"). For greater certainty, any content created by BB as a service for Member such as dental education videos (Content as a Service) are not included in the Content License and are owned by BB. Bitebank holds discretion over adding and removing dental patient education videos to existing customer accounts.
    • Content as a Service License: Member may purchase a license to use Content as a Service. BB has no obligation to offer or provide Content as a Service.
    • Member Content: Member may provide BB with its own marketing videos ("Member Content") for BB to upload for Member at no additional charge. If Member Content requires any editing or modification by BB, fees will apply. Member Content may not be uploaded directly by Member.
    • Dental Trivia: Dental Trivia facts originate from third-party sources. BB is not responsible for any claims, inaccuracies and/or misrepresentations within the content
    • Design Services: Member may purchase from BB designs, including promotional materials, customized imagery, text and website banners for additional fees. Any content created or designed for the Member by BB is owned by Member, provided Member has paid for the production design fees.
    • Advertisements: The My Practice TV service may feature advertisements or promotional material.
    • Indemnification: Member shall at its own expense defend, indemnify and hold harmless BB in any action, suit or claim that any content not created by BB infringes any copyright or other proprietary right of a third party.
    • TV Sticks: BB will provide Member with a third-party manufactured TV stick if Member has purchased a Content License (every additional stick is subject to additional costs). Member is entitled to keep the TV Stick upon service termination. BB may ship TV sticks directly to Member or it may arrange for shipment through its distributor. Bitebank does not manufacture the TV Sticks. Any applicable costs for the TV Stick are specified at https://mypracticetv.com/.
    • TV Stick Warranty: TV sticks are provided with a one year warranty covering defects in workmanship or materials, and Member must claim the warranty by notifying BB within the one year period. For greater certainty, the warranty does not cover breakage or damage caused to TV sticks. BB reserves the right to require Member to return defective TV sticks to BB as a condition to claiming the warranty.
    • Fees: Fee information for My Practice TV is located at https://mypracticetv.com/. Fees may change on 30 days' notice to Member.
    • Support: For support services, please contact support@mypracticetv.com. Support is included to members on a monthly streaming subscription plan. Support includes demo and troubleshooting with BB software, adding, editing, and removing content that is supported by the software.
    • Effect of Termination: In the event of termination of My Practice TV services, BB will ship any physical content such as DVDs owned by Member in BB's possession to Member at the cost of the Member upon request.
  1. SUPPORT SERVICES, MEMBER RESPONSIBILITY AND AVAILABILITY COMMITMENTS
  1. Maintenance and Technical Support. Subject to this agreement we will maintain your Account and your Member Site during the term of this agreement. During the term of this agreement we will provide e-mail and telephone support relating to the Services and your Member Site during our regular business hours (9 a.m. to 5 p.m. Eastern Standard time, Monday to Friday, excluding statutory holidays in Ontario). We will try to respond to your inquiries in a timely manner, but we do not make any guarantees about how quickly we will respond or how quickly technical issues will be resolved.
  2. Bitebank Updates. During the term of your subscription, you will be entitled to receive all generally-released new versions of Bitebank software. You will also have access to Bitebank's newest website design releases, changes, service packs and patches. Updates will not include structural or coding changes to your website, however. Features of updates may require that your hardware, operating systems and third-party software be updated in order for those features to function. You are responsible for upgrading your hardware, operating systems and third-party software as may be required for those features to function.
  3. Your Responsibilities. You are solely responsible for obtaining all computer equipment and connections required to access and use the Website and Services. BB will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
  4. Interruptions/Errors. Your use of the Website, your Account, the Member Site and the Services might be interrupted and will not be free of errors. Some of the content on the Website or available through the Services might be translated, and those translations may not be accurate or appropriate. Any of the Website, your Account, the Member Site and the Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware or software malfunctions, repairs, power outages, hackers, denial of service attacks, unforeseeably large service demands, or other reasons beyond BB's control.
  5. Unavailability. If your Account or your Member Site becomes inactive or inaccessible solely because of BB's error then BB will reimburse you as follows: for each day that your Account or your Member Site is inactive or inaccessible, BB will reimburse you an amount equal to your recurring monthly Fee divided by the number of days in the applicable calendar month (for example, if your monthly fee is $69 and your Account is inaccessible for 2 days in June, BB will reimburse you (69/30) X 2, or $4.60).You acknowledge and agree that this reimbursement is your sole and exclusive remedy if your Account or your Member Site becomes inactive or inaccessible solely because of BB's error
  1. USE OF SERVICES: CONDUCT RULES
  1. Rules. Whenever you access, use or otherwise deal with the Services, including in your provision and operation of your Member Site for your clients, you must comply with all:
    1. applicable laws, including privacy laws;
    2. acceptable-use policies and other policies that Dental Patiented implements with respect to the Website or the Services from time-to-time, as posted on the Website; and
    3. other rules, policies and procedures Dental Patiented communicates to you from time-to-time.
  2. Restrictions. Except as expressly permitted by this agreement, you must not:
    1. reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the BB Property or the Services;
    2. post on, upload to or transmit from the Website, your Member Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
      1. be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone's privacy, or excessively violent,
      2. violate any law including intellectual property, privacy, securities or other laws;
      3. impersonate any person;
      4. give rise to civil or other liability; or
      5. relate to illegal drugs, weapons, gambling or other illegal activities;
    3. sell or transfer your Account, or allow any third party to access or use it;
    4. interfere with the Services or any third party's use of the the Services;
    5. resell any of Services or allow any third party to use or access the Services without BB's prior written consent;
    6. cause any unreasonable burden or load on BB's Services or its computer systems, as determined by BB in its sole discretion; or authorize or encourage any third party to do any of the above.
  3. Monitoring and Disclosure. BB does not normally monitor your use of the Services; however, BB and its representatives may do so. We reserve the right to remove, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of BB or others that are directly related to providing the Services. If BB believes that criminal activity has occurred, BB reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. If BB receives any notice (or has any reason to believe) that any of the Member Content (or the display or availability of the Member Content) violates this agreement, BB may remove the Member Content in its sole discretion without prior notice.
  1. FEES AND PAYMENTS
  1. Fees. You will pay BB the fees set out on the Website from time to time plus all applicable taxes ("Fees") to become a member and receive the Services, including:
    1. a one-time Account setup fee that is immediately due and payable when you register your Account;
    2. a recurring monthly fee (paid monthly in advance) based on your Service plan that commences immediately when you register your Account; and
  2. Changes to Fees. We may change the Fees from time to time upon providing 30 days' notice to you.
  3. Currency. If you are a Canadian resident you will be charged, and you will pay, Fees in Canadian currency. If you are not a Canadian resident you will be charged, and you will pay, Fees in United States currency.
  4. Payment Methods. You will pay all Fees directly to BB via credit card, or such other payment method as BB may approve in writing. If you pay via credit card, you hereby authorize BB to charge all amounts to the credit card number you provide to BB when you register your Account. If your credit card payment is rejected or refused you will immediately pay BB the amount due and provide BB with an alternative credit card number for future payments. If you do not provide alternative credit card information that successfully authorizes payment within 10 days after the first payment is refused, we may suspend your Account and rights to all Services. You represent and warrant to BB that each credit card you use for payment to BB belongs to you, and you have the right to charge all such payments on the credit card(s).
  5. Interest. You will pay BB simple interest on all overdue amounts at a rate of 18% per year or, if less, at the maximum rate of interest permitted by applicable law, calculated from the date payment was due until the date payment (including accrued interest) is made in full.
  1. LOW PRICE GUARANTEE, DISCOUNTS, PROMOTIONS AND CREDITS
  1. Early Payment Discounts. You may pay your monthly fees on an annual basis, in advance; if you do so, you will receive the following discounts from those monthly fees:
    1. 12 months' monthly fees paid in advance: 5 percent discount;
    2. 24 months' monthly fees paid in advance: 10 percent discount;
    3. 36 months' monthly fees paid in advance: 15 percent discount;
  2. Any such discounts may not be combined with any other discounts, offers or promotions that BB may from time to time make available and also will not apply if this agreement continues on a month-to-month basis after the initial term expires.
  3. Promotions and Credits. BB may from time to time make available promotion codes that grant you a discount on Fees. If you are eligible to use a promotional code, you may not combine that promotional code with any other BB discount, offer or promotion. BB may from time to time offer credits (for example, for a certain amount of design services or for a free month of services). Such credits are not redeemable for cash or any other form of credit and have no monetary value. You have no ownership interest in your accrued credits. Credits may not be purchased or sold and are not transferable. If you receive any credits, you must use them within 3 months; any credits not used within that period will expire.
  4. Refunds. Except as specifically set out below, all payments (regardless of how they were made) are non-refundable. If you are not satisfied with the Services and notify us within 30 days after registering your Account, we will terminate your Account and refund all recurring monthly fees you have paid up to the termination date. You acknowledge and agree that the one-time Account setup fee is not refundable.
  1. PRIVACY AND INTELLECTUAL PROPERTY
  1. Privacy Compliance. Without limiting anything in this agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party's personal information without their consent unless otherwise permitted by law to do so. You acknowledge and agree that you are solely responsible for complying with all applicable privacy laws and for preparing, implementing and maintaining all privacy policies and other privacy practices required by those laws with respect to any personal information (of your clients or otherwise) that you collect, use or disclose, whether on or through your Account or Member Site or otherwise, including, without limitation, the Confidentiality Clause of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), well as any other healthcare specific legislation. We do not represent or warrant that any documentation or information we provide complies with any jurisdiction's privacy laws, and you should obtain advice from a qualified professional about privacy compliance before preparing or implementing any privacy policies or practices. If you collect personal information from your clients through your Member Site, we will store that information for you as part of hosting your Member Site. You acknowledge and agree that we are doing so solely as a service provider to you, and that we have no obligations regarding that information other than to take reasonable measures to keep it secure.
  2. Your Privacy Consent. We respect your personal privacy, and only collect, use and disclose your personal information as described in our Privacy Policy
  3. Except as set out in the Privacy Policy:
    1. if we ask you to provide us with any personal information, we will tell you the purposes for which we intend to use that information;
    2. we will not collect, use, or disclose that information without your consent; and
    3. we will not use or disclose that information for any other purposes without your consent.
  4. YOU HEREBY CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED IN OUR PRIVACY POLICY.
  5. Trade-marks. The names, logos, graphics, slogans, service marks, trade names and trade-marks on the Website (the "Marks") are the property of BB or its third-party suppliers. The Marks belong to their respective owners, and you are not authorized to use any of the Marks in any advertising, marketing or any other commercial manner without prior written consent.
  6. Proprietary Rights. You may provide various content on or through the Member Site (the "Member Content"), including images, articles, blog posts, and newsletters. As between you and BB, you will retain ownership of all Member Content and all intellectual property rights in the Member Content. You are solely responsible for the suitability, accuracy and completeness of all Member Content, for reviewing and checking Member Content for spelling, grammatical correctness and to see that the language used is appropriate and for and ensuring that the Member Content complies with applicable laws and does not infringe, violate or misappropriate any third-party rights. You acknowledge and agree that BB has no obligation to monitor Member Content for suitability, accuracy, or completeness, or to proofread Member Content for spelling, grammar or language usage. Despite the foregoing, if BB becomes aware of any error in any Member Content BB may notify you of the error and if you so request in writing, will revise the Member Content.
  7. Third Party Provider Content. As between you and BB, you are responsible for the suitability, accuracy and completeness of all Third-Party Provider Content, for reviewing and checking Third-Party Provider Content for spelling, grammatical correctness and to see that the language used is appropriate and for ensuring that the Third-Party Provider. Content complies with applicable laws and does not infringe, violate or misappropriate any third-party rights. You acknowledge and agree that BB has no obligation to monitor Third-Party Provider Content for suitability, accuracy, or completeness or to proofread Third-Party Provider Content for spelling, grammar or language usage. Despite the foregoing, if BB becomes aware of any error in any Third-Party Provider Content, BB may notify you of the error and if you so request in writing, will revise the Third-Party Provider Content.
  8. BB Property. As between you and BB, BB and its suppliers will solely own the following (collectively the "BB Property"):
    1. the Website and its organization and design, and all information, images, artwork, text, video, pictures and other material (including the Library Content, Patient Videos, website themes, images and videos described in Section III) on or accessible through the Website, the Member Site or the Services (other than Member Content);
    2. all tools, hardware and software used to provide the Website, the Member Site and the Services;
    3. the Website's and Member Site's graphical design and user interface and the look and feel of the Website and the Member Site and their user interfaces (other than Member Content);
    4. the Marks;
    5. your Account; and
    6. all intellectual property rights and other proprietary rights in and to the property listed in (a) through (e) above.
  9. If your Member Site is created through a separate custom development agreement then the design of your Member Site, and its underlying software code, will be Member Content once you have fully paid for all related development Services. All other Member Sites will be BB Property. You must not copy, use or exploit any of the BB Property except as explicitly permitted by this Agreement.
  1. LICENSE TERMS
  1. Licence to Member.During the term of this agreement, and subject to this agreement's terms and conditions, BB grants you a limited, non-exclusive, non-transferable, non-sub-licensable revocable right to access the Services through the Website and to manage, publish and update your Member Site in accordance with this agreement. You may only reproduce, publish or distribute BB Property in electronic form through your Member Site. You may not reproduce, publish or distribute BB Property in any physical media unless BB has expressly consented in writing and you have paid such additional fees as BB may require. YOU ARE RESPONSIBLE FOR VERIFYING THE SUITABILITY, ACCURACY AND COMPLETENESS OF ALL BB PROPERTY, AND YOU PUBLISH AND OTHERWISE EXPLOIT BB PROPERTY SOLELY AT YOUR OWN RISK. BB IS NOT LIABLE FOR, AND YOU RELEASE BB FROM ANY LIABILITY FOR, ANY BB PROPERTY OR YOUR USE OR PUBLICATION OF ANY BB PROPERTY.
  2. Licence to BB; Moral Rights; Statistical Information; Display of Member Site. You hereby grant BB a worldwide, non-exclusive, royalty-free licence (the "Licence") to copy, publicly display, modify, transmit, telecommunicate, use and distribute the Member Content through the Services, and to sub-license third parties to do the same, during the term of this agreement. You hereby waive in favour of BB all moral rights and droits d'auteurs that you may have in the Member Content for the duration of the Licence.
  3. Your Representations Regarding the Member Content. You represent and warrant to BB that:
    1. you either own the Member Content or have written permission from the Member Content's owner to exploit the Member Content and make the Member Content available through the Services and on the Member Site;
    2. you have the right to grant the Licence; and
    3. the reproduction, display, distribution, use and other exploitation of the Member Content by BB and our service providers will not infringe or violate the rights of any third party.
  4. Site Monitoring. BB may monitor and compile statistical information concerning the Member Site, including, without limitation, as to website "traffic" or "hits" and the number of appointment and other requests the Member Site receives, and incorporate such information in summaries and analyses that are to be used by BB for the development of new site features and for marketing purposes. You hereby consent to BB's collection and use of such information for such purposes.
  5. Marketing License. You also consent and agree that BB may display the Member Site and/or graphic works incorporated in the Member Site in BB's portfolios of websites that are used by BB for marketing purposes.
  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY
  1. DISCLAIMER. THE WEBSITE, THE BB PROPERTY AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. BB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF THE WEBSITE, THE BB PROPERTY AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION OR COMPATIBILITY. BB DOES NOT REPRESENT OR WARRANT THAT
    1. THE BB PROPERTY OR MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE;
    2. ANY PROCEDURES, ADVICE OR TREATMENTS REFERRED TO IN ANY BB PROPERTY OR MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES ARE SUITABLE OR EFFECTIVE OR WILL HAVE ANY SPECIFIC RESULT OR OUTCOME;
    3. THE WEBSITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
    4. THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR
    5. THAT THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
  3. LIMITATION OF LIABILITY. YOU USE THE WEBSITE, YOUR ACCOUNT, THE BB PROPERTY AND THE SERVICES AT YOUR OWN RISK. BB WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE WEBSITE, YOUR ACCOUNT, YOUR MEMBER SITE, THE BB PROPERTY AND THE SERVICES, INCLUDING ANY LOSS TO YOUR MEMBER CONTENT, WHETHER ARISING FROM BB'S NEGLIGENCE OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, BB WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, OR FOR DAMAGES FOR BUSINESS INTERRUPTION, LOST DATA OR LOST PROFITS, IN CONNECTION WITH THE WEBSITE, YOUR ACCOUNT, YOUR MEMBER SITE, THE BB PROPERTY OR THE SERVICES, EVEN IF BB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. LIABILITY CAP. IF, DESPITE THE LIMITATIONS SET OUT ABOVE, BB BECOMES LIABLE TO YOU IN RESPECT OF ANY OF THE WEBSITE, YOUR ACCOUNT, YOUR MEMBER SITE, THE BB PROPERTY OR THE SERVICES, THAT LIABILITY WILL BE LIMITED TO THE MONTHLY FEES YOU PAID TO BB IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS ON LIABILITY IN SECTION 13.2 (LIMITATION OF LIABILITY) AND THIS SECTION 13.3 (MAXIMUM LIABILITY) ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
  5. INDEMNIFICATION. YOU WILL INDEMNIFY BB AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE "INDEMNITEES") AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT THE INDEMNITEES MAY INCUR ARISING FROM OR RELATED TO:
    1. THE MEMBER CONTENTOR THE THIRD-PARTY PROVIDER CONTENT, INCLUDING CLAIMS THAT THE MEMBER CONTENT, THE THIRD-PARTY PROVIDER CONTENT OR THE EXPLOITATION OF EITHER SUCH CONTENT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY; ORYOUR USE OF THE WEBSITE, YOUR ACCOUNT, YOUR MEMBER SITE, THE BB PROPERTY AND THE SERVICES; OR
    2. YOUR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION THROUGH YOUR ACCOUNT OR YOUR MEMBER SITE; OR
    3. ANY CLAIM THAT BB PROPERTY OR MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES ARE INACCURATE, INCOMPLETE, UNRELIABLE, NO LONGER CURRENT OR CONTAIN ERRORS, OR THAT ANY PROCEDURES, ADVICE OR TREATMENTS REFERRED TO IN ANY BB PROPERTY OR MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES ARE NOT SUITABLE OR INEFFECTIVE OR DID NOT HAVE ANY SPECIFIC RESULT OR OUTCOME; OR
    4. THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
    5. YOUR BREACH OF ANY OBLIGATION IN THIS AGREEMENT.
  1. TERM AND TERMINATION
  1. Termination by BB. Without prejudice to any of our rights at law or equity, BB may terminate your Account or access to the Services with no prior notice if you fail to make a payment to BB as and when required, or if you breach this agreement, or if any of your representations or warranties is or becomes untrue, or if so requested by law enforcement or other government agencies. You acknowledge and agree that BB will not be liable to you or any third party for any termination of your Account or access to Services. If BB terminates this agreement for cause, we may choose, in our sole discretion, not to refund any prepaid fees or other amounts to you. In addition, BB may terminate this agreement in its sole discretion upon 60 days' notice to you.
  2. Termination by You. You may terminate your Account at any time by giving written notice to BB. Terminating your Account is your only remedy with respect to any dispute with BB, including disputes relating to
    1. this agreement or our enforcement of it;
    2. the Website, the BB Property, the Member Site or the Services; and
    3. the amount, type or payment of Fees.
  3. Remedies. In addition to any other available remedies, if you breach any of your obligations under this agreement BB may suspend or terminate the Services and your Account. If BB believes that unauthorized or improper use is being made of the Website or Services, we may, without notice, take such action as we, in our sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address.
  4. Effect of Termination. Upon termination of your Account, the Services or this agreement:
    1. you will immediately cease all use of the Website, your Account, the BB Property and the Services;
    2. BB will suspend or inactivate your Account, such that you will have no further access to your Account or anything associated with it (including e-mails or other content in your Account), and will inactivate the domain names associated with your Member Site so that your Member Site will no longer be publicly accessible;
    3. subject to Section 10.4, you will not receive any refunds for Fees you paid under this agreement;
    4. you will immediately pay BB all amounts owing under this agreement;
    5. BB may delete some or all of the Member Content from your Account within 60 days after termination, if BB wishes to do so;
    6. if agreed in writing with BB, you will own all the rights to the website design for the Member Site and will retain such rights on termination;
    7. Section 5.4 (Domain Transfer), Section 9.2 (Restrictions), Article XII (Privacy and Intellectual Property), Article XIV (Disclaimers and Limitation of Liability), Section 15.3 (Remedies), Section 15.4 (Effect of Termination) and Article XVI (General Terms) will survive termination and all payment obligations incurred prior to the date of termination.
  1. GENERAL TERMS
  1. Modifications. From time to time BB may add new features to the Website and the Services, remove existing features from the Website and the Services, or otherwise modify the Website and the Services (including their functionality, "look-and-feel", universal resource locators and software components).
  2. Modifications to this Agreement.BB reserves the right, in its sole discretion, to modify this agreement at any time by doing one or both of the following:
    1. posting the modified agreement on the Website;
    2. giving you prior notice of the modification. You should check this agreement, which is located at https://mypracticetv.com/terms-of-service, periodically for modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE WEBSITE OR (IF YOU ARE A MEMBER) YOUR ACCOUNT AND THE SERVICES AFTER WE POST AN AMENDED AGREEMENT OR NOTIFY YOU OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFIED AGREEMENT.
  3. Links to Third Party Websites. The Website may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of those websites and you acknowledge and agree that BB is not responsible for the content or availability of any such sites or for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any Fees you pay to BB.
  4. Arbitration.Except for actions to protect intellectual property rights and to enforce an arbitrator's decision, all disputes arising out of or relating to this agreement will be submitted to and finally resolved by arbitration by a single arbitrator under the rules of the Arbitration Act, 1991 (Ontario) then in effect. The arbitration will take place in Toronto, Ontario, Canada, and may be conducted telephone or video conference. The arbitrator will apply Ontario laws to all issues in dispute. The dispute will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any other party's dispute. The arbitrator's findings will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
  5. Governing Law. This agreement will be governed by the laws in effect in Ontario, Canada, without reference to any conflicts of laws rules. You attorn to the exclusive jurisdiction of the Ontario courts sitting in Toronto, Ontario; however, you or BB may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
  6. Jurisdiction. BB operates from Ontario, Canada, and makes no representation that the Website or the Services are appropriate or available for use in any particular jurisdiction. Unless otherwise specified, the BB Property is presented solely for the purpose of patient education in North America. BB makes no representation that BB Property in this site are appropriate or available for use in other locations. Those who access the Website or the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  7. Language. The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux presentes ont expressement convenu que ce accord et toute autre convention, document ou avis y afferent soient rediges en anglais seulement
  8. No Waiver. No delay or failure to act by BB regarding any default will impair any of BB's rights or remedies that are not expressly waived in writing.
  9. Entire Agreement. This agreement supersedes all prior agreements of the parties regarding the Services, and constitute the whole agreement with respect to the Services.
  10. Assignment. You may not assign or sublicense this agreement or any of your rights under this agreement without our prior written consent, which may be withheld in our sole discretion. We may assign or sublicense this agreement and any of our rights and obligations under it in our sole discretion.
  11. Independent Contractors. The parties are independent contractors and this agreement does not make either party an employee, agent, partner or joint venturer of the other. This agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns.
  12. Force Majeure. BB will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this agreement.
  13. Severability. If any provision of this agreement is declared invalid or unenforceable, such provision will be severable and will not affect the validity or enforceability of any other provision.
  14. Notices. Each party will provide the other with written notice under this agreement by sending the other party notice as follows: (a) for you, notice will be sent to the e-mail address associated with the Account, and (b) for BB, notice will be sent to the address provided in this agreement.

My Practice TV WEBSITES PRIVACY POLICY

OUR COMMITMENT

My Practice TV Websites Inc. (“My Practice TV”) is committed to maintaining the privacy of your personal information. Our commitment to you has been developed in accordance with the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Ontario Personal Health Information Protection Act (“HIPA”) and ensures that your personal information will only be collected, used, and disclosed in compliance with the law.

Scope of Policy

My Practice TV’s Privacy Policy applies all to personal information about individuals collected through My Practice TV’s website. It does not apply to information relating to corporate or commercial entities or to information collected by means other than this website.

If a My Practice TV client collects personal information from its own customers, that My Practice TV client is solely responsible for complying with privacy laws and for protecting its customers’ personal information.

My Practice TV may change this Privacy Policy from time to time and these changes will be incorporated into a revised statement that will be posted at http://mypracticetv.com/legal#privacy-policy/ in order to ensure that you will always have the most current information with respect to My Practice TV’s privacy practices. You will be notified of any material changes to the privacy policy and be required to actively consent to such changes.

What Is Personal Information?

“Personal Information” is information about an identifiable individual but does not include the name, title, business address or telephone number of an employee of an organization. It also does not include information that is available in the public domain.

Collection and Disclosure of Information

Non-Identifying Information

My Practice TV may collect technical information from your computer that does not identify you, including: your Internet IP address; the time you spend on our website; the pages you visit; the operating system and web browser software you use; and, if you locate our website through a search engine, the keywords you used to find us. This information is stored only in aggregate form and used for statistical analysis in an effort to improve our website. My Practice TV reserves the right, however, to attempt to link this information to an individual if it becomes necessary in order to investigate a security breach or other illegal activity related to its website.

My Practice TV also uses cookies on its website. A cookie is a piece of data stored on the user’s computer tied to information about the user. Our website uses cookies to store your preferences and to record session information. We do not and will not use cookies to collect private information from you that you did not intentionally submit to us. The cookie is never redirected to servers outside of My Practice TV’s control. Most web browsers allow you to delete cookies after each internet session.

Personal Information

Except as set out in this Privacy Policy, My Practice TV does not collect personal information about general visitors to its website, other than personal information that is voluntarily provided. In certain situations, you may be requested to provide personal information for specific purposes; we will provide the purposes of the collection and information regarding the use and retention of this information when we request the information.

Clients who create My Practice TV user accounts in order to receive My Practice TV services must provide certain information, including name, area of specialization, contact information and payment information.

Privacy Principles

The cornerstone of our Privacy Policy is that we will only collect personal information from you that is necessary for our legitimate business purposes, that we will only use this information in ways that have been clearly communicated to you (or which should be obvious from the manner in which the information was requested) and that we will safeguard your personal information while it is in our possession and not retain it for longer than necessary.

My Practice TV ascribes to ten privacy principles to ensure that your personal information is protected:

  1. Accountability

    My Practice TV is accountable and responsible for personal information in its possession and under its control. My Practice TV has designated a Privacy Officer who is accountable for My Practice TV’s compliance with this Policy.

    My Practice TV has adopted policies and procedures to protect your personal information, to receive and respond to complaints and inquiries, to train staff regarding policies and procedures and to communicate policies and procedures to its customers. Please contact our Privacy Officer for more information on these policies and procedures.

  2. Identifying Purposes

    When collecting your personal information, we will tell you why we are collecting the information (unless the purpose is obvious) and will provide, on request, contact information for our Privacy Officer who can answer further questions about the collection. Before using or disclosing personal information for a purpose not previously identified, we will identify the new purpose and obtain your consent unless the use or disclosure is authorized or required by law.

    Except as set out below, we do not collect personal information other than personal information that is voluntarily provided. Generally, we collect, use and disclose personal information for the following purposes:

    • to respond to inquiries about products or services that you are using or are considering purchasing;
    • to provide and administer the products and services that you purchase;
    • to authenticate your identity;
    • to maintain accurate customer records;
    • to process and collect payments and debts owed to My Practice TV;
    • to collect information to enable us to improve our products and services;
    • to establish and maintain communications with customers relating to our various products and services, and to respond to inquiries and resolve complaints;
    • to protect us, yourself, and others from fraud or error; and
    • to comply with legal and regulatory requirements.

    These collections, uses and disclosures are a reasonably necessary part of your relationship with us.

    My Practice TV does not sell or trade your personal information with other persons or organizations, except to organizations affiliated with My Practice TV. Nevertheless, we may be required by law to disclose your personal information, for example to comply with valid legal processes such as a subpoena or court order. We may also need to disclose your personal information in order to protect our legal rights or property, or where failure to disclose your personal information may put the safety of another individual at risk. We will not disclose your personal information to any other persons or organizations without your express consent.

    Upon request to our Privacy Officer, My Practice TV will do its best to provide further explanation of the specific purposes for which your personal information will be used.

    If you have provided personal information and wish to have it removed from our system, please contact our Privacy Officer.

    Service Providers

    My Practice TV may retain agents, subcontractors or service providers (“Service Providers”) from time to time in relation to the My Practice TV’s business or the products or services that My Practice TV provides. If My Practice TV requires a Service Provider to deal with your personal information, My Practice TV will take reasonable steps to ensure that the Service Provider adheres to privacy procedures and will keep your personal information confidential. My Practice TV will not provide more information than is necessary to the Service Provider and will ensure that the information is returned or destroyed once the purpose for which it was given is filled.

    Our Service Providers may be located outside of Canada, and you acknowledge that personal information may be processed and stored in foreign jurisdictions and that the governments, courts or law enforcement or regulatory agencies in those jurisdictions may be able to obtain disclosure of that personal information through the laws of the foreign jurisdiction.

  3. Consent

    By providing personal information to us, you agree that we may collect, use and disclose that personal information as set out in this Privacy Policy or as otherwise required or permitted by law. We may collect, use or disclose personal information without your knowledge or consent where:

    • the information is publicly available, as defined by statute or regulation;
    • we need to collect debts owed to us by you;
    • we are obtaining legal advice;
    • we reasonably expect that obtaining consent would compromise an investigation or proceeding; or
    • we are contemplating selling all or part of our business.

    Other exceptions may apply. Your consent can be express, implied or given through an authorized representative such as a lawyer or agent. Consent may be provided orally, in writing, electronically, by negative option, or otherwise.

    You may withdraw your consent at any time, subject to legal or contractual restrictions, and provided that you give us reasonable notice. Once notice is given, My Practice TV will inform you of the likely consequences of withdrawing your consent, which may include My Practice TV’s inability to provide the services requested.

    When providing My Practice TV with consent, or when revoking your consent, please do so by communicating with our Privacy Officer.

  4. Limiting Collection

    My Practice TV will limit its collection of personal information to that which is reasonable and necessary to provide the services requested, or as authorized by law. My Practice TV will collect information only by lawful means.

  5. Limiting Use, Disclosure and Retention

    Your personal information will only be used or disclosed for the purposes consented to by you or as authorized by law.

    My Practice TV will retain personal information only as long as it is necessary to fulfill the purposes for which it is collected or to comply with our legal obligations. We will destroy, erase or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes. We will take due care when destroying personal information so as to prevent unauthorized access to the information.

    My Practice TV does not trade or sell personal information except in accordance with this Privacy Policy.

  6. Accuracy

    My Practice TV will make reasonable efforts to ensure that the personal information we collect, use or disclose is accurate and complete. In most cases, however, My Practice TV relies on you to ensure that the personal information provided is current, complete and accurate. Please contact My Practice TV to inform us of any changes to your information or to confirm the accuracy of the information we retain. My Practice TV does not seek independent confirmation of any information provided.

    If you demonstrate the inaccuracy or incompleteness of your personal information, My Practice TV will amend it as required. If appropriate, we will send the amended information to third parties to whom we have previously disclosed your personal information.

    When a challenge regarding the accuracy of your personal information is not resolved to your satisfaction, My Practice TV will make note that a request to amend the personal information under its control was made but that the information was not amended.

  7. Safeguards

    My Practice TV protects the personal information in its custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. Some specific safeguards include:

    • physical measures such as locking filing cabinets;
    • organizational measures such as restricting employee access to files and databases, as appropriate;
    • electronic measures such as passwords and firewalls; and
    • nvestigative measures where My Practice TV has reasonable grounds to believe that personal information is being inappropriately collected, used or disclosed.

    We will take reasonable steps, through contractual or other reasonable means, to ensure that the suppliers and agents who assist in providing services to us implement a comparable level of personal information protection.

    Note that despite best practices and My Practice TV’s best efforts confidentiality and security may not be assured when information is transmitted through e-mail or other wireless communication. Please notify our Privacy Officer in writing if you do not want us to communicate with you through these means.

    We will promptly notify you at the first reasonable opportunity in the event that your personal health information has been stolen, lost, or accessed by unauthorizaed persons.

  8. Openness

    My Practice TV is open about its privacy policies and procedures relating to the management of personal information. You can obtain information about these policies and procedures from our Privacy Officer by written request. We reserve the right to refuse to disclose sensitive information about our policies and procedures to ensure the integrity of its security procedures and business methods.

  9. Individual Access

    You have the right to access your personal information held by My Practice TV.

    Upon written request and authentication of identity, we will provide you with a summary of your personal information in our possession, a description of the way in which that information is being used, and a list of the individuals and organizations to whom that information has been disclosed.

    We may charge a reasonable fee for providing information in response to an access request and will provide an estimate of any such fee upon receiving an access to information request. We may require a deposit for all or part of the fee.

    We will make the information available within 30 days or provide written notice where additional time is required to fulfill the request.

    In some situations, we may not be able to provide access to certain personal information. This may be the case where, for example, disclosure would reveal personal information about another individual, or disclosure of the information would reveal confidential commercial information that, if disclosed, could harm our competitive position. We may also be prevented by law from providing access to certain personal information.

    Where an access request is refused, we will notify you in writing, document the reasons for refusal and outline further available steps.

  10. Challenging Compliance

    My Practice TV will provide information regarding its complaint procedures on request. Any inquiries, complaints or questions regarding this Privacy Policy should be directed in writing to our Privacy Officer:

  • My Practice TV Websites Inc. 249-67 Mowat Avenue, Toronto, Ontario M6K 3E3 Attention: Privacy Officer Phone: 1 (888) 575-7932 Fax: 1 (888) 915 1932 or 1 (416) 645 0780