Your receipt and use of the Diagnostic and Treatment Guidance Report (“Report”) from RAPIDS Health Ltd., doing business as RAPIDS (“RAPIDS”) is subject to the Terms of Use (“Terms”) set forth at the end of the Report. Please read the Terms carefully before using this Report.
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TERMS OF USE
These Terms of Use (“Terms”) describe your rights and responsibilities concerning your receipt and use of the Diagnostic and Treatment Guidance Report (the “Report”) from RAPIDS Health Ltd., doing business as RAPIDS (“RAPIDS”) and apply to all persons who are in receipt of this Report and any associated services provided by RAPIDS.
1. Provider
This Report and all associated services are provided by RAPIDS. The mailing address for RAPIDS is 20th Floor, 250 Howe St. Vancouver BC. V6C 3R8. In these Terms of Use, the terms “we”, “our” and “us” refer to RAPIDS.
2. Privacy Policy
You understand and acknowledge that your use of this Report and the receipt of our services are subject to our Privacy Notice, which you have read and understand. By accepting receipt of this Report, you certify and confirm to us that you have obtained the consent required under applicable privacy laws from your patient whose information is contained within the Report (“Patient”) to disclose such Patient’s personal information (including personal health information) to RAPIDS (for the purposes of: (i) RAPIDS contacting the Patient to obtain additional information to generate the RAPIDS report; (ii) generating the RAPIDS report which will be used for health care purposes; (iii) sending the completed RAPIDS report back to you; (iv) responding to any questions from you regarding the RAPIDS report);
You understand and acknowledge that express consent was obtained from the patient for de-identifying the data for the purposes of enhancing the RAPIDS service and to gather statistics and conduct analysis with the goal of improving the standard of care at an individual and population level and reporting salient findings.
3. Not Medical Advice
Information in this Report is provided for general educational information purposes only. The information contained in this Report is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice for the applicable patient this Report is intended for. This Report cannot replace good clinical judgement or clinical experience, and is not a substitute for any clinical support system that exists in a health care setting. YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THIS REPORT IS SOLELY AT YOUR OWN RISK.
None of the information in this Report represents or warrants that any particular drug or treatment is safe, appropriate, or effective for the applicable patient and the information in this Report should be used only under the supervision of a regulated health professional.
4. Ownership
All of the information provided in the Report, including without limitation all of the page headers, images, illustrations, graphics, and text (collectively, the “Material”) is the proprietary intellectual property of RAPIDS and/or its licensor, customers and/or licensees – as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom. The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and RAPIDS and/or its licensors, customers and/or licensees own all copyright in the selection, coordination, arrangement and enhancement of the Material.

This logo is the trade-mark of RAPIDS. All other company names, brand names, trade-marks and logos are the property of their respective owners. Nothing contained in this Report will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including RAPID’s trade-marks.
5. Prohibitions and Limitations
Any use of any of the Material whether in whole or in part, or of this Report, is strictly prohibited except only and to the limited extent expressly herein. Without limiting the foregoing, you must not frame, mirror, scrape, or mine any of the Material except with the express prior written permission of RAPIDS. We may enforce our rights to the fullest extent of the law should you breach any of these Terms.
6. Disclaimers
THIS REPORT AND ALL ASSOCIATED SERVICES ARE PROVIDED BY RAPIDS ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, RAPIDS, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR THIRD PARTY CONTRACTORS HEREBY: (I) MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE; AND (II) DISCLAIM ANY IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS REPORT AND ANY ASSOCIATED SERVICES PROVIDED BY RAPIDS.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL RAPIDS, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR THIRD PARTY CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES: (A) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS REPORT; OR (B) SUFFERED AS A RESULT OF YOUR USE OR RELIANCE ON THIS REPORT OR ANY ASSOCIATED SERVICES PROVIDED BY RAPIDS. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL RAPIDS, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR THIRD PARTY CONTRACTORS BE 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 THIS REPORT OR ANY ASSOCIATED SERVICES, 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 THIS REPORT IS TO STOP USING THIS REPORT. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF RAPIDS TO YOU WITH RESPECT TO YOUR USE OF (OR INABILITY TO USE) THIS REPORT IS $500.00 (CANADIAN FUNDS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
8. Indemnification
By agreeing to receive and use this Report, you agree to indemnify and save harmless RAPIDS, our affiliates, and our respective directors, officers, shareholders, employees, representatives, agents, customers, business partners or third party contractors (in this section, the “Indemnified Parties”) 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, including, without limitation, reasonable professional fees, arising directly or indirectly out of or in connection with: (i) your use or misuse of this Report or any information used in this Report; (ii) your breach of these Terms or Privacy Policy; (iii) the content or subject matter of any information you provide to RAPIDS or any of its agents, representatives or reseller; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of this Report or any information in this Report, including without limitation, infringement of third party intellectual property rights, violation of privacy rights, failure to obtain necessary consent from the end-patient, wrongful billing practices or any other negligent or wrongful conduct. When any Indemnified Party is threatened with a suit or sued by a third party, such Indemnified Party may seek written assurances from you concerning your promise to indemnify such Indemnified Party as provided above. Your failure to provide those assurances may be considered by the Indemnified Party to be a material breach of the Terms.
9. Links
This Report may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by RAPIDS of the linked web site or information contained therein. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at third party sites and publications; when you access such sites or download such publications, you do so at your own risk. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or default of any third party in connection with their website.