TERMS OF USE OF PC-DATA™

(Primary Care – Dementia Assessment and Treatment Algorithm)
THESE BINDING TERMS OF USE GOVERN ALL USE OF THE PC-DATA™ MATERIALS.
The term “PC-DATA Materials” means all:

• Conceptual Frameworks
• Tools and Methods
• Algorithms
• Decision Trees
• Links to Third-Party Information
• Charts
• Questionnaires
• Statistics

AND all other information, in whatever form, presented by Dr. Dallas Seitz and his associates in seminars and other gatherings on the subject of the Dementia Assessment and Treatment Algorithm (each, a “Seminar”).

All persons participating in any Seminar are bound by these Terms of Use.
All persons using any of the PC-DATA™ Materials are bound by these Terms of Use, whether or not they have attended any Seminar.

All persons using the PC-DATA™ Materials, and all persons attending Seminars, are called “Users” in these Terms of Use.
Information imparted at any Seminar is called “Information” in these Terms of Use.
All the PC-DATA™ Materials are Copyright © 2012 Dr. Dallas Seitz.
PC-DATA™ is an unregistered trade-mark of Dr. Dallas Seitz, used in connection with the PC-DATA™ Materials and the Seminars.

DISCLAIMER

All the PC-DATA™ Materials and Information are for reference purpose only and they do not constitute a substitute for personal study or personal diagnosis and personal decisions about treatment of patients. Users should not rely on them as precise indicators of illness or health, dementia or otherwise, nor as hard-and-fast rules for the evaluation, initial management, ongoing assessment and management or treatment of dementia or suspected dementia. Users are advised to examine the accuracy, completeness, comprehensiveness, validity, currency and limitations of the PC-DATA™ Materials and Information provided and use their own professional judgement concerning their applicability in any situation.
User assumes all the responsibilities and risks related to all use of the PC-DATA™ Materials and the Information offered by Dr. Dallas Seitz and his associates (collectively, “Seitz”). All the PC-DATA™ Materials and Information are provided “as is” without representation or warranty of any kind, including without limitation, the accuracy, usefulness, novelty, validity, scope, completeness, comprehensiveness or currency of the PC-DATA™ Materials and Information, non-infringement, and ability to be combined with other information. Seitz also expressly disclaims any implied warranty of merchantability/merchantable quality, fitness for a particular purpose or non-infringement of the PC-DATA™ Materials and Information and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of any kind.

The PC-DATA™ Materials and Information are not medical advice and must not be shared with Users’ patients or others as medical advice. Any advice given, any evaluation or assessment undertaken, and any treatment given by or on behalf of a User who uses the PC-DATA™ Materials and Information shall be considered to be the User’s own professional obligation and not the professional obligation of Seitz.

Seitz may, at any time, update, upgrade, and/or change the whole or any part of the PC-DATA™ Materials and Information. It is User’s sole responsibility to ensure that he or she uses the latest version of the PC-DATA™ Materials and Information. Seitz shall have no obligation or liability for the provision of any update, modification, fixes or corrections to the PC-DATA™ Materials and Information or for the provision of notices thereof to the User or any third party.

User shall have no recourse against Seitz, whether by way of any suit, claim, or action, for any loss, liability, damage or cost that User or any third party claiming through User may suffer or incur at any time, by reason of User’s possession of, use or, or reliance on the PC-DATA™ Materials or Information. Without limiting the generality of the foregoing, Seitz shall have no liability to the User or any third party whatsoever for any claims, actions, loss or damage, including without limitation, loss or damage to property, injury, death, loss of revenue or profit or savings, or expected revenue.

If, despite both the consent of the User and Seitz to the terms and conditions contained in these Terms of Use, a court of competent jurisdiction determines that Seitz is or may become liable for any claims arising out of or in any way relating to the access or use of the PC-DATA™ Materials and Information, User agrees that the total liability of Seitz to User and anyone claiming through User shall not exceed the sum of ten dollars ($10.00) of lawful money of Canada.
The limitations, exclusions and disclaimers expressed in these Terms of Use shall apply regardless of whether Seitz has been advised of the possibility of any damage, and irrespective of the nature of any claim, cause of action, demand or proceeding, including but not limited to, breach of contract, negligence, strict liability or tort or any other theory of law, and irrespective of whether such claim or cause of action, demand or proceeding relates to loss of rights, loss of or damage to property, injury or death, and shall survive any breach, including without limitation, a fundamental breach.

These terms of use are governed by the laws of the province of Ontario, Canada. User hereby irrevocably consents to the exclusive jurisdiction and venue of the courts in the province of Ontario, Canada in all disputes arising out of or relating to the use of the PC-DATA™ Materials or Information. Use of the PC-DATA™ Materials and Information is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

EVERY USER IS BOUND BY ALL THE TERMS AND CONDITIONS SET OUT ABOVE.