Terms and Conditions

TERMS AND CONDITIONS OF USE

AMONG OTHER ACTIVITIES, ON MEN’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH INDEPENDENT THIRD-PARTY AUTHORIZED HEALTH CARE PROFESSIONALS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE, OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Global Zebra, Inc. d/b/a ON MEN, including the https://wwww.onmen.ca website (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. Global Zebra, Inc. (“ON MEN”, “ON MEN”, “we,” “us,” and “our”) contracts with independent Authorized physician providers and authorized non-physician providers such as nurse practitioners and pharmacists (individually the “Provider” and collectively the “Providers”), regarding online telehealth medical consultations services (“Healthcare Services”). The professional Healthcare services (which are provided by the Providers) and the non-clinical Site services (which are provided by ON MEN) are collectively referred to in this Terms of Use as the “Services”. The terms “you” and “your” means you, while accessing your ON MEN (ON MEN) Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use and Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Binding Arbitration.

These Terms of Use provide that all disputes between you and ON MEN that in any way related to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with ON MEN.

  1. Privacy Practices

    You agree that information provided by you in connection with the Services and Site shall be governed by the ON MEN Privacy Policy, which is hereby incorporated and made a part of this Agreement.

  2. Services Provided – No Medical Care or Advice by ON MEN

    We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. ON MEN does not provide medical advice or care. ON MEN contracts with independent authorized physician providers and authorized non-physician providers such as nurse practitioners and pharmacists, who provide clinical telehealth services. The Providers deliver Healthcare services via the ON MEN platform to their patients. Providers are independently contracted by ON MEN. The Providers, and not ON MEN, are responsible for the quality and appropriateness of the care they render to you.

    1. The Providers are independent of ON MEN and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from ON MEN. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither ON MEN, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. ON MEN does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith. ON MEN does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be connected with available Providers based solely on the information you submit to the Site.
    2. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by ON MEN. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by ON MEN, or in connection with any communications supported by ON MEN, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by provincial or federal law. While ON MEN facilitates your communications with, Providers, ON MEN does not provide medical services, and the doctor-patient relationship is between you and the Providers.

  3. Not for Emergencies

    IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

    ON MEN’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

  4. Risks of Telehealth Services

    By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail to cause a breach of privacy of your health information.

  5. Prescription Policy

    Neither ON MEN nor the Providers endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe controlled substances or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

    You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. ON MEN and the Providers fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct ON MEN customer service to transmit that prescription to the pharmacy of your choice, however, we cannot guarantee that the pharmacy of your choice can price match ON MEN pricing.

  6. Not an Insurance Product

    Neither ON MEN nor the Providers are insurers. The Services are not insurance products, and the amounts you pay to ON MEN are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

    ON MEN currently does not accept payments through any third-party insurance companies, however, you may be able to get a reimbursement through the Health Spending Account (HSA) offered by your private insurance company. Please check with the insurance company directly for confirmation.

    The cost of the online medical consult through the ON MEN platform may vary from $20-$40 per consult. If you choose to get your prescription filled through a non- ON MEN partner pharmacy, please contact our customer service at support@onmen.ca . Please note that you will be charged $40 per online medical consult, and we will refund you the remainder of the amount charged to your credit card for the cost of the medicine. However, you may be charged a higher price for your meds and filing fee, if you choose to use your own pharmacy.

  7. Availability of Services

    ON MEN operations are subject to provincial and federal regulations, and the Services may not be available in your province. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of Canada or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in Provinces within Canada where the Services are available. Services are not available to users located outside Canada. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

    AT THIS TIME THE HEALTHCARE SERVICES THROUGH THE ON MEN PLATFORM, ARE ONLY AVAILABLE TO YOU IF YOU ARE A TEMPORARY OR PERMANENT RESIDENT OF THE PROVINCE OF ONTARIO.

  8. Ordering and Purchasing or Products

    Order Acceptance and Shipment

    Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to complete. Once a properly completed order and authorization of your form of payment are received, we will process your order and Product for shipment. If for some reason, we determined that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.

    Typographical Errors and Incorrect Pricing

    In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Product(s) and/or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

    Risk of Loss

    All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.

    Return Policy

    You may return Products in accordance with our Returns Policy posted on our Site.

  9. Eligibility; Site Access, Security and Restrictions; Passwords

    In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your ON MEN Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your ON MEN ID and credentials. The ON MEN ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your ON MEN ID and/or credentials, and for all activities that occur under such ON MEN ID and/or credentials. You agree to prohibit anyone else from using your ON MEN ID and/or credentials and agree to immediately notify ON MEN of any actual or suspected unauthorized use of your ON MEN ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by ON MEN at any time with or without cause. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. ON MEN will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

  10. Electronic Communications

    When you use the Site or Services or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. ON MEN and the Providers may contact you by telephone, mail, or email to verify your account information. ON MEN and the Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

  11. Consent to Receive Calls and Text Messages

    By providing your mobile number, you are agreeing to be contacted by or on behalf of ON MEN and the Providers at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service-related (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.

  12. Ownership Of The Site And Related Materials; Additional Restrictions

    All pages within this Site and any material made available for download are the property of ON MEN, or its licensors or suppliers, as applicable. The Site is protected by Canadian and international copyright and trademark laws. All rights not expressly granted to you in these Terms of Use are reserved and retained by ON MEN or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ON MEN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ON MEN without express written consent. You may not use any meta tags or any other “hidden text” utilizing ON MEN’s name or trademarks without the express written consent of ON MEN. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by ON MEN. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of ON MEN without our express written consent.

  13. No Users Under 18 Years Old

    The Site and Services are only for users of the age of 18 or older. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please email us at support@onmen.ca

  14. Accuracy of Information; Functionality

    Although ON MEN attempts to ensure the integrity and accurateness of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Product descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ON MEN so that it can be corrected. If a product described on our Site is not as described when you receive it, your sole remedy is to return it to us in unused and undamaged condition. Information contained on the Site may be changed or updated without notice. Additionally, ON MEN shall have no responsibility or liability for information or content posted to the Site from any non-ON MEN affiliated third party.

    ON MEN and the Providers each reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from the use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

  15. Links to Other Sites

    ON MEN makes no representations whatsoever about any other website that you may access through this Site. When you access a non-ON MEN site, please understand that it is independent of ON MEN, and that ON MEN has no control over the content on that website. In addition, a link to a non-ON MEN website does not mean that ON MEN endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

  16. User Information

    If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to ON MEN and the Providers that you have the legal right and authorization to provide all User Information to ON MEN and the Providers for use as set forth herein and required by ON MEN and the Providers.

    You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to ON MEN. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

    You agree to defend, indemnify and hold harmless ON MEN and the Providers from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

  17. Claims of Copyright Infringement

    We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. ON MEN respects the intellectual property rights of others and expects its users to do the same. We will respond promptly to notices of alleged infringement that are reported to ON MEN’s Designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us to notice (“Notice”) complying with the following requirements.

    1. Identify the copyrighted works that you claim have been infringed.
    2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
    3. Provide your mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to support@onmen.ca

  18. Intellectual Property

    With the exception of your electronic medical record, ON MEN, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by ON MEN or the Providers (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of ON MEN or the Providers, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of ON MEN trademarks, service marks, and logos are strictly prohibited without the prior written permission of ON MEN, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by ON MEN, or the third-party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow. ON MEN may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

  19. Disclaimer of Warranties

    ON MEN DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ON MEN DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. ON MEN DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY ON MEN ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY ON MEN OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES

  20. Limitation of Liability Regarding Use of Site

    EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: ON MEN SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. ON MEN AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ON MEN TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $200 (TWO HUNDRED CANADIAN DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

  21. No Third-Party Rights

    Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, ON MEN, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, ON MEN, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, ON MEN, and its affiliates.

  22. Assignment

    You may not assign, transfer, or delegate the Terms of Use or any part thereof without ON MEN’s prior written consent. ON MEN may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

  23. Supplemental Terms Applicable to Providers

    These supplemental terms apply to Providers, in addition, the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail. To be a healthcare provider using the Site (“Provider” or “you”) you must be a licensed Authorized physician provider or authorized non-physician providers such as nurse practitioners and pharmacists contracted by ON MEN, accredited to practice your applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where you practice, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the ON MEN users is directly between you and the patient. The patient will never have a physician-patient relationship with ON MEN. ON MEN does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all diagnosis, treatments, and interactions with patients and other consumers.

    ON MEN does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any provincial or federal laws and regulations. The provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under the law. Provider and ON MEN agree that ON MEN is not providing, to Customer or anyone else, medical advice or legal advice.

    Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases ON MEN and waives any and all potential claims against ON MEN as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.

    As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold ON MEN harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against ON MEN, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain ON MEN’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of ON MEN or defect in the Site or Services. ON MEN will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same and grant to Provider exclusive control over its defense and settlement.

    If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The provider is solely responsible for obtaining all necessary agreements and consents from and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to ON MEN that you have the legal right and authorization to upload all Provider Content at the Site. ON MEN shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however ON MEN desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. ON MEN is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.

    ON MEN does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant ON MEN the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. ON MEN and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

  24. Dispute Resolution; Arbitration Agreement

    We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

    You and ON MEN agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the Canadian Supreme Court. You agree that, by agreeing to these Terms of Use, the Canadian Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and ON MEN are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and ON MEN.

    If you desire to assert a claim against ON MEN, and you, therefore, elect to seek arbitration, you must first send to ON MEN, by certified mail, a written notice of your claim (“Notice”). If ON MEN desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by ON MEN, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If ON MEN and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ON MEN may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by ON MEN or you shall not be disclosed to the arbitrator.

    YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ON MEN agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

    Force Majeure

    We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

  25. Geographic application of the ON MEN platform

    Not all of the products and services described on the ON MEN Platform are available in all jurisdictions. Furthermore, nothing on the ON MEN Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the ON MEN Platform, or the Healthcare Services available through the ON MEN Platform, are not appropriate or available for use in locations outside Canada and may not function in all locations within Canada. At current, the ON MEN products and services are only available in the province of Ontario.

  26. Governing Law and Jurisdiction

    Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and ON MEN(as well as its agents, delegates, employees, and any Authorized Healthcare Practitioners or PHAs), including without limitation any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the province of Ontario (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Ontario shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and ON MEN.

    These laws apply to your access to or use of the ON MEN Platform or the Content, notwithstanding your domicile, residency or physical location. The ON MEN Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. If any provision of the present Terms of Use shall be unlawful, void, or for any reason is unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded, and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. You agree that you will only sue us as an individual. You agree that you will not file a class action or participate in a class action.

  27. Indemnification

    You agree to defend, indemnify, and hold harmless ON MEN, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to ON MEN, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products or Services or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

  28. Revisions; General

    ON MEN reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. ON MEN reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between ON MEN and you pertaining to the subject matter hereof. In its sole discretion, ON MEN may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

    How to Contact Us:
    Global Zebra Inc.
    897 Bancroft Drive, Mississauga, ON L5V 1X7
    Email: support@onmen.ca

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*ON MEN is not a pharmacy or a drug manufacturer.
*If you choose to use our affiliated pharmacy, we will collect funds on behalf of the pharmacy, but all fees associated with prescription drugs will immediately be passed on to the pharmacy.

*All photos are models and not actual patients. *Products are not as pictured.

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