Terms of Service
The following terms and conditions govern all use of the Scriptdm.com website and all content, services and products available at or through the website, including, but not limited to, Scriptdm.com mobile apps and SMS services (collectively, “Script Digital Marketing Solutions”). Script Digital Marketing Solutions is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Script Digital Marketing Solutions’s Privacy Policy) and procedures that may be published from time to time on this Site by Script Digital Marketing Solutions (collectively, the Agreement).
Please read this Agreement carefully before accessing or using Script Digital Marketing Solutions. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Script Digital Marketing Solutions or use any services. If these terms and conditions are considered an offer by Script Digital Marketing Solutions, acceptance is expressly limited to these terms. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from users of the Site. By using Script Digital Marketing Solutions you agree to our use, collection and disclosure of personally identifiable information in accordance with our Privacy Policy.
- The medical clinic office hour information provided on Script Digital Marketing Solutions 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.
- Your Script Digital Marketing Solutions Account and Site. If you create an account on Script Digital Marketing Solutions, 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 Script Digital Marketing Solutions may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Script Digital Marketing Solutions 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 Script Digital Marketing Solutions of any unauthorized uses of your account or any other breaches of security. Script Digital Marketing Solutions 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.
- Responsibility of Healthcare providers. If you provide information that will be displayed on Script Digital Marketing Solutions, or make (or allow any third party to make) material available by means of Script Digital Marketing Solutions (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:
- – the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- – if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- – you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- – the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- – the Content is not spam, and does not contain unethical or unwanted commercial content designed to boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- – the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Script Digital Marketing Solutions for inclusion on Script Digital Marketing Solutions, you grant Script Digital Marketing Solutions 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, Script Digital Marketing Solutions will use reasonable efforts to remove it from Script Digital Marketing Solutions, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Script Digital Marketing Solutions has the right (though not the obligation) to, in Script Digital Marketing Solutions’s sole discretion (i) refuse or remove any content that, in Script Digital Marketing Solutions’s reasonable opinion, violates any Script Digital Marketing Solutions policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Script Digital Marketing Solutions to any individual or entity for any reason, in Script Digital Marketing Solutions’s sole discretion. Script Digital Marketing Solutions will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal. Optional paid services are available on Script Digital Marketing Solutions (any such services, an Upgrade). By selecting an Upgrade you agree to pay Script Digital Marketing Solutions the daily, monthly or annual subscription fees indicated for that service (whichever plan is chosen prior to payment). Payments will be charged following the schedule outlined in the plan details and will cover the use of that service for such period as indicated. Upgrade fees are not refundable.
- Responsibility of Script Digital Marketing Solutions Visitors. Script Digital Marketing Solutions has, to its best efforts, reviewed all of the Content posted to Script Digital Marketing Solutions. Script Digital Marketing Solutions also endeavours to regularly update the Content; however, because Script Digital Marketing Solutions is not immediately notified when hours of operation change, the information on Script Digital Marketing Solutions may not always be current and accurate. Script Digital Marketing Solutions makes no representations or warranties of any kind, express or implied, about the accuracy or reliability of the information available through this site. Script Digital Marketing Solutions cannot be responsible for the accuracy of the Content, nor its use or effects. By operating Script Digital Marketing Solutions, Script Digital Marketing Solutions 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. Script Digital Marketing Solutions may contain Content that contains technical inaccuracies, typographical mistakes, and other errors. Script Digital Marketing Solutions 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. Script Digital Marketing Solutions disclaims any responsibility for any harm resulting from the use by visitors of Script Digital Marketing Solutions, or from any downloading by those visitors of content there posted.
- 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 Script Digital Marketing Solutions links, and that link to Script Digital Marketing Solutions. Script Digital Marketing Solutions does not have any control over those non-Script Digital Marketing Solutions websites and webpages, and is not responsible for their contents or their use. By linking to a non-Script Digital Marketing Solutions website or webpage, Script Digital Marketing Solutions 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. Script Digital Marketing Solutions disclaims any responsibility for any harm resulting from your use of non-Script Digital Marketing Solutions websites and webpages.
- Copyright Infringement. As Script Digital Marketing Solutions 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 Script Digital Marketing Solutions violates your copyright, you are encouraged to notify Script Digital Marketing Solutions at the contact information below. Script Digital Marketing Solutions will terminate a visitor’s access to and use of Script Digital Marketing Solutions 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 Script Digital Marketing Solutions or others. In the case of such termination, Script Digital Marketing Solutions will have no obligation to provide a refund of any amounts previously paid to Script Digital Marketing Solutions.
- Intellectual Property. This Agreement does not transfer from Script Digital Marketing Solutions to you any Script Digital Marketing Solutions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Script Digital Marketing Solutions. Script Digital Marketing Solutions, and the Scriptdm.com logo, and all other trademarks, service marks, graphics and logos used in connection with Scriptdm.com, or Script Digital Marketing Solutions are trademarks or registered trademarks of Script Digital Marketing Solutions or Script Digital Marketing Solutions’s licensors. Other trademarks, service marks, graphics and logos used in connection with Script Digital Marketing Solutions may be the trademarks of other third parties. Your use of Script Digital Marketing Solutions grants you no right or license to reproduce or otherwise use any Script Digital Marketing Solutions or third-party trademarks.
- Changes. Script Digital Marketing Solutions reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline of Script Digital Marketing Solutions, 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 Script Digital Marketing Solutions from the time of your cancellation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on Script Digital Marketing Solutions, and your continued use of Script Digital Marketing Solutions 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 Script Digital Marketing Solutions. The Agreement will always show a change log at the bottom. If you do not agree to any amended Agreement, you must stop using Script Digital Marketing Solutions. If you have any questions about the Agreement, please email us at the contact address below. Script Digital Marketing Solutions may also, in the future, offer new services and/or features through Script Digital Marketing Solutions (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.
- Termination. Script Digital Marketing Solutions may terminate your access to all or any part of Script Digital Marketing Solutions at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Script Digital Marketing Solutions account (if you have one), you may simply discontinue using Script Digital Marketing Solutions. Notwithstanding the foregoing, if you have a subscription, such account can be terminated by Script Digital Marketing Solutions if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Script Digital Marketing Solutions’s notice to you thereof; provided that, Script Digital Marketing Solutions can terminate Script Digital Marketing Solutions 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.
- Disclaimer of Warranties. Script Digital Marketing Solutions is provided as is. Script Digital Marketing Solutions 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 Script Digital Marketing Solutions nor its suppliers and licensors, makes any warranty that Script Digital Marketing Solutions 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, Script Digital Marketing Solutions at your own discretion and risk.
- Limitation of Liability. In no event will Script Digital Marketing Solutions, 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 Script Digital Marketing Solutions; or (v) for any amounts that exceed the fees paid by you to Script Digital Marketing Solutions under this agreement during the twelve (12) month period prior to the cause of action. Script Digital Marketing Solutions 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.
- General Representation and Warranty. You represent and warrant that (i) your use of Script Digital Marketing Solutions will be in strict accordance with the Script Digital Marketing Solutions Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of Script Digital Marketing Solutions will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Script Digital Marketing Solutions, 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 Script Digital Marketing Solutions, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Script Digital Marketing Solutions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Script Digital Marketing Solutions, or by the posting by Script Digital Marketing Solutions 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 Script Digital Marketing Solutions and all disputes, claims or other matters arising from or relating to your use of Script Digital Marketing Solutions 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; Script Digital Marketing Solutions 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.
If you have any questions regarding this Agreement or your use of Script Digital Marketing Solutions, please contact us here:
Updated: March 25, 2021