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Before continuing you must read and accept these terms in their entirety.
Health Service Navigator Website Terms of Use
Last modified: February 10, 2021
YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE.
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This website located at www.healthservicenavigator.com (the "Site") is used by The Manufacturers Life Insurance Company ("Manulife") for the purpose of providing Health Service Navigator ("HSN"), and is maintained and operated by WorldCare International, Inc. ("WorldCareWORLDCARE"), which carries on business as WorldCare. The terms, conditions and notices contained herein, constitute an agreement (the "Agreement") between you, Manulife and WORLDCARE regarding your use of the Site.
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Throughout this Agreement, the terms "you" and "your" shall be deemed to include all users of this Site. Manulife and WORLDCARE have made reasonable efforts to make the Agreement available to you either through the Site and/or other means of communication. By accessing and using the Site, you accept this Agreement. If you do not accept this Agreement, in its entirety, you must not access or use the Site.
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Manulife and WORLDCARE reserve the right to modify this Agreement from time to time, for any reason. Please review this Agreement from time to time so you will be apprised of any changes. After any change to this Agreement, Manulife and WORLDCARE may, but are not obliged to, ask you to actively confirm your agreement with the revised Agreement. If Manulife and WORLDCARE do not do so, but you continue to use the Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Agreement. If you do not agree with the revised Agreement without qualification, you must discontinue using the Site and, if applicable, instruct Manulife to disable any login information and passwords specific to the Site assigned to you. If you fail to do so, you will be bound by the revised Agreement, including all changes therein from the date of your continued use of this Site.
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On this site, for brevity and simplicity, we may use the masculine, feminine or plural pronouns in situations that could refer to any gender.
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1. Access to the Site
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Manulife and WORLDCARE reserve the right, in their sole discretion, to establish and implement site registration and login requirements.
2. General Information Only - Not Medical Advice
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The contents of the Site, including any and all information, content, links, reports, data, databases, tools, e-mails, code, photographs, pictures, video, files, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on the Site (collectively the "Content") is provided for informational purposes only. The Content is not to be used or relied upon for any diagnostic, treatment or other purposes. The Content does not create a patient-physician relationship and is not intended in any way to be a substitute for professional diagnosis, treatment or advice. You should consult your health care provider or another qualified health care provider before making any health care decisions or for guidance about a specific medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Your reliance on any of the Content on the Site is solely at your own risk. Manulife and WORLDCARE do not recommend or endorse any specific products, services, treatments, procedures, tests, physicians, organizations, opinions or other information that may be contained on the Site or any third party website.
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Manulife and WORLDCARE disclaim any liability whatsoever for any current or future Content that may be
or may become part of this Site, and do not warrant or guarantee that the information will meet your needs and requirements and not be offensive to you. By accessing and using this Site, you assume the risk that the information and documentation contained herein may be offensive and/or may not meet your needs and requirements.
3. Use of Content from the Site and Intellectual Property Notice
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The Content, including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Manulife, WORLDCARE, or their licensors, or other third parties, as the case may be. Except as expressly provided, you are not granted any rights in or to the Content available on or via the Site. All such rights remain with, and are reserved by, their respective owners.
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You are authorized to view and download a single copy of the information on the Site for your personal, non-commercial use as long as you include all copyright and other proprietary rights notices that may be contained in the Content. No other use of the Content is permitted. If you would like to use any of the Content beyond your permitted use under this Agreement (i.e., you would like to reproduce or republish part of the Content or you would like to create derivative works from the Content), please contact:
WorldCare.
Privacy Officer
7 Bulfinch Place, Suite 301
P.O. Box 8310
Boston, MA 02114
Names, phrases, logos, icons, graphics, images or designs, used throughout the Site may be trade names, registered or unregistered trademarks or services marks ("Trademarks") of WORLDCARE, Manulife, their respective subsidiaries or affiliates, or other entities and individuals. The display of Trademarks on this Site is not an implied license to any third party for use of the Trademarks.
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4. Third Party Information and Third Party Websites
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The Site offers information related to health care and medical products and services which may include information provided by a third party. The inclusion of any information or hyperlink does not imply that Manulife and/or WORLDCARE recommends and/or endorses any of the content including any news, opinions, advice, statements and advertisements on any third party websites. Third party websites are not under the control of Manulife or WORLDCARE, and by accessing them, you do so at your own risk and subject to any terms of use for such sites. Manulife and WORLDCARE are not responsible for the content of any sites framed within the Site or any linked third party websites, and do not make any representations regarding their content, accuracy or availability. Any transactions that take place between you and a third party are directly with such third party, and Manulife and WORLDCARE cannot be held responsible for any loss or damage you may incur as a consequence thereof.
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5. WARRANTY DISCLAIMER
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CONTENTS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES OR CONDITIONS WHATSOEVER. MANULIFE AND WORLDCARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. WITHOUT LIMITING THE FOREGOING, MANULIFE AND WORLDCARE AND THEIR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE (INCLUDING ANY RESULTS OBTAINED FROM ANY DIAGNOSIS OR ASSESSMENT TOOLS), OR ANY INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE OR OTHERWISE WILL BE ACCURATE, COMPLETE OR RELIABLE; (D) ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS HAVE BEEN SATISFIED; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, ANY THIRD PARTY WEBSITE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS.
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Manulife and WORLDCARE are not responsible for any damage to your computer system or loss of data that results from the download of any Content from the Site.
6.LIMITATION OF LIABILITY
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THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. MANULIFE, WORLDCARE, THEIR LICENSORS AND SUPPLIERS, AND THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF THE LISTED PERSONS (THE "LICENSORS") ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT OR YOUR USE OF THE SITE. IN NO EVENT SHALL THE LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES RESULTING FROM OR ARISING IN CONNECTION WITH THE SITE, THE CONTENT, THE HSN PRIVACY POLICY REFERRED TO HEREIN OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, LOSS OF USE, THE INCAPACITY TO REACH ANY OBJECTIVE, OR THE LOSS OF DATA OR OF COMPUTER TIME USE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
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IN NO EVENT SHALL THE LICENSORS BE LIABLE TO YOU OR ANY PERSON: (A) ON ACCOUNT OF YOUR OR THAT PERSON’S USE OR MISUSE OF AND RELIANCE ON THE CONTENT OR OTHER MATERIALS ACCESSIBLE ON OR VIA THE SITE; AND (B) WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE OR OTHERWISE.
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THE LICENSORS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD
PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL, PERSONAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE MANULIFE OR WORLDCARE TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
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THE LICENSORS HAVE NO LIABILITY TO YOU WHATSOEVER FOR ANY PERSONAL INJURY (INCLUDING DEATH) CAUSED BY YOUR USE OR MISUSE OF THE CONTENT OR THE SITE.
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IN NO EVENT SHALL THE MAXIMUM LIABILITY OF THE LICENSORS, FOR ANY REASON WHATSOEVER, IN THE AGGREGATE, EXCEED $100.00 CDN.
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Manulife and WORLDCARE assume no obligation to update the Content on the Site. The Content on the Site may be changed without notice to you. The Licensors are not responsible for any content or information that you may find objectionable or undesirable.
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The limitations specified above shall apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and shall survive a fundamental breach or failure of essential purpose of any limited remedy or this Agreement.
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You acknowledge and agree that any claim or cause of action you may have arising out of, or relating to, the Content or your use of the Site must be filed within one (1) year after such claim or cause of action arises, or it will be permanently barred.
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7. Indemnification
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You agree to indemnify, defend and hold the Licensors harmless against any actions, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by any of them in respect of (i) any information or other content you provide on or through the Site or by e-mail or other correspondence; or (ii) your use or misuse of the Content or the Site, including without limitation infringement claims and your violation of this Agreement.
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8. Privacy Policy
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Manulife and WORLDCARE are concerned about your privacy and have developed a policy to address privacy concerns (the “HSN Privacy Policy”). You can find the current HSN Privacy Policy at https://www.healthservicenavigator.com/privacy-policy (opens in a new window)
9. Linking to the Site and Other Prohibited Activities
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Except as expressly agreed to in writing by Manulife and WORLDCARE, any linking to the Site from another website is strictly prohibited.
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You agree that you will not use, or permit anyone else to use, any robot, scraper, spider or other automated devices or means to access or use the Site for any purpose without the prior express written consent of WORLDCARE. You agree that you will not: (i) interfere or attempt to interfere with the proper working of the Site; (ii) bypass any measures used to prevent or restrict access to the Site; or (ii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to run and maintain the Site.
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10. Procedures for Notice and Take-Down
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To the extent that any jurisdiction applicable to this Agreement has a notice and take-down scheme like the one set out in the United States’ Digital Millennium Copyright Act ("DMCA"), then, upon receipt of any notice alleging infringement that complies with such a scheme, Manulife and WORLDCARE will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Manulife and WORLDCARE may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although Manulife and WORLDCARE make no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, Manulife and WORLDCARE will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before Manulife and WORLDCARE replaces or restores access to any material as a result of any counter notification.
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Notices of claimed infringement should be directed to:
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WorldCare.
Privacy Officer
7 Bulfinch Place, Suite 301
P.O. Box 8310
Boston, MA 02114
Please put "Notice of Infringement" in the subject line of all such notifications, and include in each such notice a reasonable description of the materials alleged to be infringing and the proprietary rights alleged to have been or being infringed.
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11. Governing Laws
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The Site is controlled by WORLDCARE in Boston, Massachusetts, USA. By accessing the Site, you agree that any legal matter that may arise between you, Manulife and WORLDCARE relating to the Contents of the Site or this Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws principles. You agree to attorn to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, this Agreement or your use of the Site. Manulife and WORLDCARE make no promise that anything on the Site is appropriate or available for use in locations outside Canada. The Site and its Contents are intended for use by Canadian residents only who are at least 18 years of age and may only be accessed in those jurisdictions where it is lawfully to do so.
12. General
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This Agreement (as amended from time to time), and any other legal notices on the Site, constitute the entire agreement between you, Manulife and WORLDCARE with respect to the use of the Site and the Content. If a court of competent jurisdiction deems any provision of this Agreement unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Manulife and WORLDCARE may assign this Agreement, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under this Agreement, either in whole or in part, without the prior written consent of Manulife and WORLDCARE. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. You agree to waive any right you may have to a trial by jury, or commence or participate in any class action against Manulife or WORLDCARE related to the Site, the Content or the Agreement. This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: General Information Only Not Medical Advice, Use of Content from the Site and Intellectual Property Notice, Third Party Information and Third Party Websites, Warranty Disclaimer, Limitation of Liability, Indemnity, Governing Laws, and General.
13. French Language / Langue Française
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Une version française de cette entente est disponible.
14. Contact Information
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If you have any questions regarding this Agreement, please contact:
WorldCare.
Privacy Officer
7 Bulfinch Place, Suite 301
P.O. Box 8310
Boston, MA 02114
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15. Licensor Information
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WORLDCARE is the operator of this site. Some of the content that you see is the original and exclusive copyright of WORLDCARE.
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In addition, the logos and/or information of various health advocacy groups, community organizations, third-party health and wellness services, etc. may be presented from time to time on various sections of this website, subject to a license and/or permission from those organizations.
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