PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PROVIDER PORTAL:
Conditions of Use
By accessing the Global Excel Management Inc. (hereinafter "GLOBAL EXCEL") Provider Portal, you accept the following terms of use and undertake to act in full compliance with the GEM Privacy Policy accepting liability therefore. Accordingly, you are bound by the terms set forth; in case of misuse or use contrary to the actual terms and conditions, GLOBAL EXCEL will take all necessary actions to enforce its rights. If you do not accept to be bound by the present terms and conditions, please stop using the Provider Portal immediately. GLOBAL EXCEL reserves the right to unilaterally modify this Provider Portal Use Agreement any time without notice. In case of modification, by using this Provider Portal, you will agree to be bound by the new terms set forth in this agreement.
Security
Although our security efforts are consistent with industry practice in Canada, complete privacy, confidentiality and security is not yet possible over the Internet and therefore, cannot be guaranteed. As a result, without limiting any other disclaimer herein, we shall not be responsible or liable for any harm or loss resulting from the transmission of information using this Provider Portal, nor for any harm that you or any other party may suffer in connection with any breach of confidentiality or security.
No Liability
We shall not be responsible for any detrimental reliance you place upon this Provider Portal or its contents. Use of this Provider Portal shall be on an "as is" basis and entirely at your own risk. GLOBAL EXCEL, its affiliated companies, its officers, directors, agents or employees, or any other person associated with the creation of this Provider Portal, shall not be liable or responsible for any harm, loss or damage (whether arising in contract, tort, negligence, or otherwise) that may arise in any connection with use of this Provider Portal, including any direct, indirect, special, third party, or consequential damages.
Information and Reliance
All information on this Provider Portal is subject to change without notice. You agree that all information you provide to us via this Provider Portal is true, accurate and complete in all ways and you acknowledge that we rely on that information.
Responsibility for Logins, Passwords and Confidentiality
Your login ID and Password are confidential. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. You understand that you are financially responsible for all uses of this Provider Portal by you and those using your login information. The login ID and the password used to access the Provider Portal, the private personal information, claims information and any other information obtained through the Provider Portal constitutes "Confidential Information". The user recognizes that the disclosure of such information by the user and/or its directors, its officers, or its assigns could have significant economic repercussions that would be prejudicial to GLOBAL EXCEL. Therefore, the user undertakes not to disclose the Confidential Information to any person, third party, legal entity, or corporation whatsoever unless written authorization has been obtained from a duly authorized representative of GLOBAL EXCEL and/or the person to whom the Confidential Information pertains. In addition, you are responsible taking every reasonable precaution to protect the confidentiality of such Confidential Information and for notifying GLOBAL EXCEL if ever Confidential Information belonging to someone else is received in error or if any other breach of these Terms and Conditions of Use could reasonably be said to have occurred or would be likely to occur.
Hypertext Links are Not Endorsements
Other World Wide Web sites that may be accessed from this Provider Portal by hypertext links are entirely independent of this Provider Portal and shall NOT, in any manner, be construed as any reflection on, any affiliation with, or endorsement of, any such Site or entity, or its respective products or services.
Use of Provider Portal
We reserve the right to refuse service, terminate accounts, and/or access to this Provider Portal at our discretion, including, without limitation, if we believe that user conduct violates applicable laws or is harmful to our interests.
Trademark Notices
Some of the names, logos, designs, titles, words or phrases used on this Provider Portal may constitute trademarks of GLOBAL EXCEL. Any unauthorized downloading, copying, or modifying of the content of this Provider Portal may thus be in violation of federal or common law trademark and/or copyright laws.
Copyright
The layout and contents of this Provider Portal, including text, graphics, images, software and other material contained herein (collectively "Materials"), are protected by copyright. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Any reproduction, or any redistribution, retransmission or modification of the Materials from this Provider Portal without our express permission is prohibited. If you violate any of these restrictions, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made thereof.
Governing Laws
The Laws of the Province of Quebec and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement and any use of this Provider Portal. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Quebec in any action or proceeding instituted under or related to this agreement or your use of this Provider Portal.
No Waiver
The failure of GLOBAL EXCEL to enforce any provisions of this Agreement will not be construed to be a waiver of its right thereafter to enforce such provisions.
Severability
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.