Terms of Use

IMPORTANT — READ CAREFULLY.  These Terms of Use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), describe your rights and responsibilities as a user (“User”) of the EBHallMD.com site (the “Site”) and related education, training and other products and services (together, the “Services”), offered by Dr. E. Baerg Hall Inc. and its affiliates (collectively, the “Company”) through the Site or otherwise.  In this Agreement, the terms “we”, “our” and “us” refer to the Company and the terms “you” and “your” refer to a User.

Your use of the Services, including through a visit of to the Site, constitutes your acceptance of this agreement.  please take the time to review the terms carefully.

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND OF THE AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY. If you do not MEET ALL OF THESE REQUIREMENTS OR DO NOT agree with some or all of these terms, do not access or use the SITE OR ANY Services.

  1. Use and Accuracy of Information

The information presented on or through the Site and Services is made available solely for general information purposes.  Although the Company uses reasonable commercial efforts to ensure that the information contained on the Site and Services is accurate, the Company does not warrant or make any representation regarding the accuracy, completeness or usefulness of any information or materials provided on the Site, including through the Services.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may contain typographical errors or inaccuracies and may not be complete or current.  We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.

  1. No Medical or Health Advice

Neither the Site nor the Services constitute any form of medical advice, diagnosis or treatment. No information obtained from the Site or through the Services should be used for diagnostic purposes or to replace medical advice or other treatments prescribed by healthcare practitioners. None of our Services are intended to diagnose, treat, cure or prevent any disease or condition. You assume sole responsibility for consulting with your physician or other healthcare practitioner prior to relying on any information that you have obtained via the Services. IF YOU ARE EXPERIENCING A CRISIS, YOU SHOULD CONTACT YOUR LOCAL CRISIS LINE, HEALTHCARE PRACTITIONER OR CALL 9-1-1.

  1. The Site and Account Security

We reserve the right to withdraw or amend the Site, and any of the Services or materials we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.  For example, purchasing certain Services on our Site may be restricted to those Users who create a User account.

To access some of the resources the Site offers, you may be asked to provide certain registration details or other information to create a User account. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. All personal information you provide to register with the Site (including when you create an account to purchase any Services) or otherwise, is handled in accordance with our Privacy Policy [insert hyper-link] (see Section 4 for more details).

When you create and use an account to purchase any Services, (or if you are provided with, a username, password or any other piece of information as part of our security procedures), you will treat such information as confidential. You also acknowledge that your account is personal to you and you will not provide any other person with access to the Site or portions of it using your account information, including your username or password, or other security information. You will notify us immediately of any unauthorized access to or use of your account or any other breach of security. You are solely responsible for all activities that occur under your account or using your username and password. You are also responsible for keeping your information up to date by informing us of any changes at the email we have provided to you. 

We have the right to disable or terminate any account, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We further reserve the right to terminate User accounts or use of the Site or Services and change the content on the Site (including discontinuing or changing the Services on the Site).

  1. Conditions of Use

As a condition of your access and use of the Site and Services, you agree that you may use the Site and Services only for lawful purposes and in accordance with these Terms.  You are prohibited from:

  • accessing content and data that is not intended for you;
  • impersonating or attempting to impersonate the Company, our employees, another User, or any other person (including by using email addresses or screen names associated with any of the foregoing);
  • attempting to breach or breaching the security or authentication measures which are not authorized;
  • restricting, disrupting or disabling service to Users, hosts, servers or networks;
  • disrupting network services and otherwise disrupting our ability to monitor the Site;
  • using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; and
  • otherwise attempting to interfere with the proper working of the Site.
  1. Purchasing Services

By placing an order for any Services on our Site, you will pay all fees, applicable taxes and other amounts charged to your account or to you in accordance with the billing procedures in effect when you place your order.  The price of any Services and other charges are set out in our ordering process and are subject to change without notice, but no changes will apply where we have accepted your order and sent you a confirmation of our acceptance. You are responsible to pay all charges for any and all orders placed under your account or in your name.

Except where otherwise expressly set out on the Site, in the Service description or otherwise agreed between you and us, all Services are provided only for your personal, non-commercial use and you expressly agree not to permit any other person to access your account or otherwise any the Services that you purchase. 

All descriptions and pricing of the Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the Services at any time. Any offer for any of the Services made on the Site is void where prohibited.

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

You will provide current, complete and accurate purchase and account information for all purchases made. You will promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. Privacy Policy and Other Terms

Your use of the Site and the Services are governed by our Privacy Policy.  You consent to the collection, use and disclosure of your personal information by us and third parties in accordance with our Privacy Policy.  In addition, your use of the Site and the Services will also be subject to such other policies and procedures as may communicated to you by us from time to time, including via the Site or the Services.

  1. Intellectual Property Rights and Ownership

You understand and agree that the Site and its entire contents, features, and functionality, including the Services and all information, software, code, programs, products, documentation, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement (collectively, the “Materials”), are exclusively owned, controlled or licensed by the Company and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. The Company does not transfer any ownership or intellectual property interest or title in and to the Site, Services or Materials to you or anyone else in connection with your use of the Site or Services. You have no right, title, or interest in or to the Site, Services or Materials, and all rights not expressly granted are reserved by the Company.

Names, logos, marks, and icons identifying the Company or the Services are owned exclusively by the Company, and any use of such names, logos, marks and icons without the prior express written permission of the Company is hereby expressly prohibited.  Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties.  No part of the Services will be interpreted as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof. 

You may only use the Site and any purchased Services for your personal and non-commercial use. You will not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Materials, in any form or medium whatsoever except as follows:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
  • a reasonable number of copies for personal use only may be downloaded or printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

You are not permitted to modify copies of any Materials nor delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. Other than to place order for the Services on our Site, you will not access or use for any commercial purposes any part of the Site or any of the Services or Materials available through the Site.

If you print off, copy or download any part of our Site, Services or Materials in breach of these Terms your right to use the Site and Services will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made. Any use of the Site not expressly permitted by these Terms is a breach of this Agreement and may infringe or violate copyright, trademark and other intellectual property or proprietary laws.

  1. Feedback and Submissions

If you send or transmit any communications or materials to us by mail, email, telephone or otherwise, suggesting or recommending changes to the Site or Services, including new features or functionality, or any comments, questions, suggestions or the like (“Feedback”), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All such Feedback is and will be treated as non-confidential. You hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

You will not submit, publish or otherwise provide to the Company or through the Site or the Services anything which:

  • defames, libels or invades the privacy of any person;
  • is obscene, pornographic, abusive or threatening;
  • is false, inaccurate or misleading;
  • infringes on any intellectual property or other rights of any person;
  • has contaminating or destructive properties (i.e. software viruses);
  • violates any law;
  • advocates or describes any illegal activity; or
  • advertises or solicits funds for goods or services.

We have no obligation, nor any responsibility to any party, to monitor the Site or its use, and do not undertake to review material that you or other Users submit to the Site. We have the right, without notice to you, to remove or refuse to post any of your submissions for any or no reason, in our sole discretion, and to take any action, including suspension or termination of your access to the Site or legal action, with respect to your submissions or for violating these Terms. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.  We may enforce our rights to the fullest extent of the law should you breach any of these Terms.

  1. Links

The Site may contain links to other websites.  These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Company of the linked website or information contained therein. Your use of such websites and your dealings with their owners or operators are at your own risk.

  1. Linking to the Site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you will not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You will ensure that the website from which you are linking, or on which you make certain content accessible, complies in all respects with these Terms.  You will cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable any links at any time without notice in our discretion.

  1. Geographic Restrictions

The Company is based in British Columbia in Canada. We provide this Site and the Services for use only by persons located in Canada. This Site and the Services are not intended for use in any jurisdiction where their use is not permitted. If you access the Site or Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

  1. Disclaimer of Warranties

The Site, Services and Materials are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by the Company.  Without limiting the foregoing, we do not represent or warrant that the Site, Services or Materials are accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error. We assume no responsibility, and are not liable for, any damage to your computer equipment, data or other property on account of your access to, use of, or browsing on the Site, or inability to do any of the foregoing.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF THE COMPANY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR THAT ANY PARTICULAR RESULT BE OBTAINED THROUGH USING THE SITE, THE MATERIALS OR THE SERVICES.  THE COMPANY DOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.  

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

Your use of the Site, Services and Materials are undertaken at your own risk.  Under no circumstances will the Company or any directors, officers, employees, and agents of the Company, be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of the Site, Services or Materials, your reliance on the Site, Services or Materials, or any consequences flowing therefrom. The Company is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. 

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, THE ENTIRE LIABILITY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY REASON WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY OF THE SERVICES YOU PURCHASED ON THE SITE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  TO THE EXTENT THAT THE COMPANY CANNOT DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, THE EXTENT OF THE COMPANY’S LIABILITY SHALL BE THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.

If you are dissatisfied with the Site, Services, Materials or with this Agreement, your sole and exclusive remedy, except for remedies that are otherwise expressly provided, is to discontinue using the Site, Services or Materials, as applicable.

  1. Indemnification

You will indemnify and save harmless the Company and all directors, officers, employees and agents of the Company from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site, Services or Materials or your breach of this Agreement.  In addition, in the event we are made a party to any claim, suit or action relating to or arising from any Services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all legal fees and expenses incurred by us with respect to such response. This indemnification obligation will survive termination of this Agreement and your cessation of use of the Site and the Services.

  1. Governing Law and Courts

This Agreement and your use of the Site and Services will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws.  You further acknowledge that despite being available from a variety of jurisdictions, the Site will be deemed solely based in the Province of British Columbia, Canada; and that the Site will be deemed to be passive in nature and not giving rise to personal jurisdiction over the Company in jurisdictions other than the Province of British Columbia.  You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Site, Services or Material and this Agreement.  Nothing in this Agreement precludes the Company’s application for injunctive remedies or other urgent legal relief in any jurisdiction.

  1. Severability; Waiver

The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.  No consent or waiver will be effective unless in writing and signed by both parties.

  1. Survival

The following sections will survive termination of these Terms:  Sections 1, 2, 4, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17 and 18, as well as any section which, by its nature survives termination, will survive termination of these Terms and your cessation of use of the Site or the Services.

  1. General

This Agreement constitutes the entire agreement between you and us relating to your use of the Site, Services and Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein.  You may not assign this Agreement unless we have consented to such assignment.  In the event of a conflict or inconsistency between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the conflict or inconsistency. 

  1. Updates and Contact

We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time.  We will notify you of any changes to this Agreement by posting notice of such changes on the Site.  Your continued use of the Site or Services following notice of such change means that you accept the amendments.

Questions about the Site, or regarding your rights and responsibilities under this Agreement, can be directed to contact@EBHallMD.com 

Last modified:  September 03, 2024

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