1. The medical clinic office hour information provided on Empower is posted for general information purposes only and is subject to change without notice. Information about healthcare service providers include information licensed under the Open Government Licence – Ontario.
2. Your Empower Account and Site. If you create an account on Empower, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tiny Maple may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Tiny Maple liability. You take full responsibility of any appointments that you schedule and any fines that you incur as a result of not appearing at the appointment. You must immediately notify Tiny Maple of any unauthorized uses of your account or any other breaches of security. Tiny Maple will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Healthcare providers. If you provide information that will be displayed on Empower, or make (or allow any third party to make) material available by means of Empower (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Tiny Maple for inclusion on Empower, you grant Tiny Maple a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your services. If you delete Content, Tiny Maple will use reasonable efforts to remove it from Empower, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Tiny Maple has the right (though not the obligation) to, in Tiny Maple's sole discretion (i) refuse or remove any content that, in Tiny Maple's reasonable opinion, violates any Tiny Maple policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Empower to any individual or entity for any reason, in Tiny Maple's sole discretion. Tiny Maple will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal. Optional paid services are available on Empower (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Tiny Maple the associated subscription, service, usage, and/or initiative fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for the duration of the service, as indicated. Upgrade fees are not refundable. Services with usage fees will be billed monthly, and institutional service agreements & customized arrangements are also available. Overdue invoices that are not pre-paid will incur a late fee if the invoice is not paid by the due date. A late fee of 2% will be automatically billed 30 days after the due date, followed by a monthly interest rate of 3.75% compounded daily until the invoice is paid. Notification will be sent to customers before applying the late fee, and disputes can be addressed within seven days. Failure to pay may result in collections or legal action.
5. Responsibility of Empower Visitors. Tiny Maple has, to its best efforts, reviewed all of the Content posted to Empower. Tiny Maple also endeavours to regularly update the Content; however, because Tiny Maple is not immediately notified when hours of operation change, the information on Empower may not always be current and accurate. Tiny Maple makes no representations or warranties of any kind, express or implied, about the accuracy or reliability of the information available through this site. Tiny Maple cannot be responsible for the accuracy of the Content, nor its use or effects. By operating Empower, Tiny Maple does not represent or imply that it endorses the Content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Empower may contain Content that contains technical inaccuracies, typographical mistakes, and other errors. Empower may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tiny Maple disclaims any responsibility for any harm resulting from the use by visitors of Empower, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Empower links, and that link to Empower. Tiny Maple does not have any control over those non-Empower websites and webpages, and is not responsible for their contents or their use. By linking to a non-Empower website or webpage, Tiny Maple does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tiny Maple disclaims any responsibility for any harm resulting from your use of non-Empower websites and webpages.
7. Copyright Infringement. As Tiny Maple asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Empower violates your copyright, you are encouraged to notify Tiny Maple at the contact information below. Tiny Maple will terminate a visitor's access to and use of Empower if, under appropriate circumstances in our sole discretion, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tiny Maple or others. In the case of such termination, Tiny Maple will have no obligation to provide a refund of any amounts previously paid to Tiny Maple.
8. Intellectual Property. This Agreement does not transfer from Tiny Maple to you any Tiny Maple or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tiny Maple. Tiny Maple, Empower, iamsick.ca and associated logos, and all other trademarks, service marks, graphics and logos used in connection with Empower.ca, or Empower are trademarks or registered trademarks of Tiny Maple or Tiny Maple's licensors. Other trademarks, service marks, graphics and logos used in connection with Empower may be the trademarks of other third parties. Your use of Empower grants you no right or license to reproduce or otherwise use any Tiny Maple or third-party trademarks.
9. Changes. Tiny Maple reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline of Empower, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, and you will be refunded the unused portion of any fees paid by you for use of Empower from the time of your cancellation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on Empower, and your continued use of Empower after such time will constitute your acceptance of such changes or modifications. You should from time to time review this Agreement and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of Empower. The Agreement will always show a change log at the bottom. If you do not agree to any amended Agreement, you must stop using Empower. If you have any questions about the Agreement, please email us at the contact address below. Tiny Maple may also, in the future, offer new services and/or features through Empower (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement, as amended from time to time.
10. Termination. Tiny Maple may terminate your access to all or any part of Empower at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Empower account (if you have one), you may simply discontinue using Empower. Notwithstanding the foregoing, if you have a subscription, such account can be terminated by Tiny Maple if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Tiny Maple's notice to you thereof; provided that, Tiny Maple can terminate Empower immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. Empower is provided "as is". Tiny Maple and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tiny Maple nor its suppliers and licensors, makes any warranty that Empower will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Empower at your own discretion and risk.
12. Limitation of Liability. In no event will Tiny Maple, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any indirect, special, incidental or consequential damages or damages for economic loss or lost revenue or profits; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for any person's decision to access any of the services referred to by Empower; or (v) for any amounts that exceed the fees paid by you to Tiny Maple under this agreement during the twelve (12) month period prior to the cause of action. Tiny Maple shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification. You agree to indemnify and hold harmless Tiny Maple, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Empower, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Tiny Maple and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tiny Maple, or by the posting by Tiny Maple of a revised version in accordance with this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Empower and all disputes, claims or other matters arising from or relating to your use of Empower will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The proper venue for any disputes arising out of or relating to any of the same will be courts situated in the City of Toronto, Province of Ontario and you submit to the jurisdiction of such courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tiny Maple may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
If you have any questions regarding this Agreement or your use of Empower, please contact us here:
Change log: Current version originally published July 7, 2023