Website Disclaimer and Liability Waiver Policy

COMPREHENSIVE DISCLAIMER AND LIABILITY WAIVER POLICY

Applicable to: www.acupuncturebydrsabina.com

Dr. Sabina’s Acupuncture Clinic – Calgary, Alberta, Canada

MANDATORY LEGAL NOTICE – MUST READ BEFORE PROCEEDING

THIS DOCUMENT CONTAINS CRITICAL LEGAL TERMS THAT SIGNIFICANTLY LIMIT OUR LIABILITY AND AFFECT YOUR LEGAL RIGHTS. BY ACCESSING, VIEWING, OR USING THIS WEBSITE. IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY ALL TERMS OF THIS DISCLAIMER. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS WEBSITE.

COMPLETE DISCLAIMER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO THE LIMITATIONS ACT (ALBERTA), THE HEALTH PROFESSIONS ACT (ALBERTA), AND ALL APPLICABLE CANADIAN FEDERAL AND PROVINCIAL LEGISLATION, DR. SABINA JAIPAUL, HER PROFESSIONAL CORPORATION, ASSOCIATES, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AFFILIATES, SUCCESSORS, ASSIGNS, AND ALL AFFILIATED PARTIES (COLLECTIVELY “THE PRACTICE”) HEREBY DISCLAIM, WAIVE, AND EXCLUDE ALL LIABILITY, RESPONSIBILITY, OBLIGATION, AND DUTY OF CARE ARISING FROM OR RELATING TO:

ANY USE OF THIS WEBSITE OR RELIANCE ON ITS CONTENT
ANY INFORMATION, ADVICE, OR RECOMMENDATIONS PROVIDED
ANY TREATMENT DECISIONS MADE BASED ON WEBSITE CONTENT
ANY ACTIONS TAKEN OR NOT TAKEN BASED ON WEBSITE INFORMATION
ANY TECHNICAL FAILURES, ERRORS, OR OMISSIONS
ANY THIRD-PARTY CONTENT, LINKS, OR EMBEDDED MATERIALS

ABSOLUTE MEDICAL AND HEALTH DISCLAIMER

No Medical Advice – Absolute Prohibition

THE CONTENT ON THIS WEBSITE IS STRICTLY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. UNDER NO CIRCUMSTANCES DOES ANY CONTENT ON THIS WEBSITE CONSTITUTE, REPLACE, OR SUBSTITUTE FOR:

Professional medical advice, diagnosis, or treatment
Consultation with a qualified healthcare provider
Medical assessment or evaluation
Treatment recommendations or prescriptions
Health-related decision-making guidance

No Professional Relationship Created

ACCESSING THIS WEBSITE DOES NOT CREATE, ESTABLISH, OR IMPLY ANY DOCTOR-PATIENT, PRACTITIONER-CLIENT, THERAPEUTIC, OR PROFESSIONAL RELATIONSHIP OF ANY KIND BETWEEN YOU AND THE PRACTICE. NO ADVICE, INFORMATION, COMMUNICATION, OR INTERACTION OBTAINED FROM THIS WEBSITE SHALL CREATE ANY SUCH RELATIONSHIP.

Individual Variation and No Guarantees

HEALTH CONDITIONS, TREATMENT RESPONSES, AND OUTCOMES VARY SIGNIFICANTLY BETWEEN INDIVIDUALS. THE PRACTICE MAKES NO REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES REGARDING:

Treatment effectiveness or outcomes
Symptom relief or improvement
Recovery times or prognosis
Compatibility with your specific health conditions
Absence of adverse reactions or complications

Critical Health Warnings

WARNING: DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR PROCEED TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT DELAY SEEKING EMERGENCY MEDICAL CARE BASED ON ANYTHING READ ON THIS WEBSITE.

WARNING: NEVER DELAY, DISREGARD, OR DISCONTINUE PROFESSIONAL MEDICAL TREATMENT BASED ON INFORMATION FROM THIS WEBSITE. DOING SO MAY RESULT IN SERIOUS INJURY, PERMANENT DISABILITY, OR DEATH.

ACUPUNCTURE AND TRADITIONAL CHINESE MEDICINE SPECIFIC DISCLAIMERS

Scope of Practice Limitations

ACUPUNCTURE IS A COMPLEMENTARY AND ALTERNATIVE THERAPY REGULATED BY THE COLLEGE OF ACUPUNCTURISTS OF ALBERTA. THE PRACTICE OPERATES STRICTLY WITHIN THE AUTHORIZED SCOPE OF PRACTICE AND DOES NOT:

Diagnose medical conditions or diseases
Treat, cure, prevent, or manage any disease
Provide primary medical care
Replace conventional medical treatment
Guarantee specific health outcomes

Comprehensive Risk Acknowledgment

ALL MEDICAL INTERVENTIONS, INCLUDING ACUPUNCTURE, CARRY INHERENT AND UNAVOIDABLE RISKS. BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND ASSUME FULL RESPONSIBILITY FOR ALL POTENTIAL RISKS, INCLUDING BUT NOT LIMITED TO:

Physical Risks:

Needle site bleeding, bruising, or hematoma formation
Local or systemic infection (including but not limited to hepatitis, HIV, endocarditis)
Pneumothorax (collapsed lung) requiring emergency medical intervention
Organ puncture or penetration causing internal injury
Nerve damage resulting in temporary or permanent numbness, tingling, or paralysis
Vascular injury including arterial puncture or venous laceration
Allergic reactions to needles, topical preparations, or other treatment materials
Fainting, dizziness, or loss of consciousness during or after treatment

Emotional and Psychological Risks:

Emotional release or psychological responses during treatment
Anxiety, panic attacks, or claustrophobia during procedures
Temporary exacerbation of existing mental health conditions
Unexpected emotional or spiritual reactions

Treatment-Related Risks:

Temporary worsening of symptoms before improvement
New symptoms or conditions arising during or after treatment
Interaction with medications or other therapies
Delayed healing or prolonged recovery
Treatment failure or lack of anticipated benefits

ABSOLUTE LIMITATION OF LIABILITY

Maximum Liability Cap

THE PRACTICE’S TOTAL AGGREGATE LIABILITY TO ANY PERSON FOR ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES OF ANY KIND ARISING FROM OR RELATING TO THIS WEBSITE OR ITS USE SHALL NOT EXCEED THE LESSER OF:

CAD $100.00 (ONE HUNDRED DOLLARS)
THE ACTUAL AMOUNT PAID BY YOU FOR SERVICES RECEIVED FROM THE PRACTICE, IF ANY

Complete Exclusion of Damages

UNDER NO CIRCUMSTANCES SHALL THE PRACTICE BE LIABLE FOR ANY:

Direct Damages:

Personal injury, death, or physical harm
Medical expenses or treatment costs
Property damage or destruction
Loss of income or earning capacity
Out-of-pocket expenses or costs

Indirect and Consequential Damages:

Pain and suffering or emotional distress
Loss of consortium or companionship
Loss of enjoyment of life or lifestyle changes
Mental anguish or psychological trauma
Punitive or exemplary damages
Lost profits, revenue, or business opportunities
Loss of data, privacy, or confidential information
Reputational damage or loss of goodwill
Legal fees, court costs, or litigation expenses

These limitations apply regardless of the legal theory upon which any claim is based, including but not limited to contract, tort, negligence, strict liability, breach of warranty, or any other cause of action, and even if the Practice has been advised of the possibility of such damages.

COMPREHENSIVE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

YOU HEREBY AGREE TO DEFEND, INDEMNIFY, PROTECT, AND HOLD COMPLETELY HARMLESS THE PRACTICE FROM AND AGAINST ANY AND ALL:

Claims, demands, actions, suits, or proceedings
Liabilities, damages, losses, costs, and expenses (including reasonable attorney fees)
Judgments, settlements, or awards
Regulatory actions, investigations, or penalties
Third-party claims or cross-claims

ARISING FROM OR RELATING TO:

Your use, misuse, or inability to use this website
Your reliance on any website content or information
Your violation of these terms or any applicable law
Your breach of any representations or warranties
Any content you submit, post, or transmit through the website
Any treatment decisions or actions you take based on website content
Any harm to third parties resulting from your use of the website
Any claims by your family members, estate, or representatives

This indemnification obligation is unconditional, continues indefinitely, and survives termination of your website use.

PROFESSIONAL LIABILITY INSURANCE LIMITATIONS

WHILE THE PRACTICE MAINTAINS PROFESSIONAL LIABILITY INSURANCE AS REQUIRED BY THE COLLEGE OF ACUPUNCTURISTS OF ALBERTA, THIS INSURANCE:

Does not constitute an admission of liability or fault
Does not guarantee coverage for all claims or circumstances
Does not waive any disclaimers or limitations in this policy
May not cover claims arising from website use or reliance on website content
Is subject to policy terms, conditions, exclusions, and deductibles
Does not create any rights or expectations of coverage for website users

WEBSITE CONTENT AND ACCURACY EXCLUSIONS

No Warranty of Accuracy

THE PRACTICE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING:

Accuracy, completeness, or currency of any information
Freedom from errors, omissions, or misleading statements
Reliability or suitability for any particular purpose
Compliance with professional standards or guidelines
Conformity with current medical knowledge or research

Content Updates and Changes

WEBSITE CONTENT MAY BE MODIFIED, UPDATED, OR REMOVED AT ANY TIME WITHOUT NOTICE. THE PRACTICE HAS NO OBLIGATION TO:

Update or correct outdated information
Notify users of content changes
Maintain historical versions of content
Provide advance warning of modifications

Third-Party Content Disclaimer

ANY REFERENCES TO, LINKS TO, OR CONTENT FROM THIRD-PARTY SOURCES ARE PROVIDED FOR CONVENIENCE ONLY. THE PRACTICE:

Does not endorse or approve third-party content
Makes no representations about third-party accuracy or reliability
Is not responsible for third-party website availability or functionality
Disclaims all liability for third-party content or services

JURISDICTIONAL AND REGULATORY LIMITATIONS

Alberta-Specific Practice

DR. SABINA JAIPAUL IS LICENSED TO PRACTICE ACUPUNCTURE EXCLUSIVELY IN ALBERTA, CANADA UNDER THE HEALTH PROFESSIONS ACT. THIS WEBSITE AND ITS CONTENT:

Are intended solely for residents of Alberta, Canada
May not be applicable or legal in other jurisdictions
Do not constitute practice of acupuncture outside Alberta
Are not adapted for international legal or medical standards

International User Restrictions

IF YOU ACCESS THIS WEBSITE FROM OUTSIDE ALBERTA OR CANADA:

You do so entirely at your own risk and responsibility
You are solely responsible for compliance with local laws and regulations
The Practice makes no representations about legal compliance outside Alberta
You waive any claims based on jurisdictional conflicts or legal differences
You agree that Alberta law governs all aspects of your website use

INTELLECTUAL PROPERTY AND COPYRIGHT DISCLAIMER

ALL WEBSITE CONTENT IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY RIGHTS. UNAUTHORIZED USE, REPRODUCTION, DISTRIBUTION, OR MODIFICATION IS STRICTLY PROHIBITED AND MAY RESULT IN:

Criminal prosecution under Canadian copyright law
Civil liability for damages and injunctive relief
Immediate termination of website access privileges
Legal action for attorney fees and costs

PRIVACY AND DATA SECURITY LIMITATIONS

DESPITE REASONABLE SECURITY MEASURES, THE PRACTICE CANNOT AND DOES NOT GUARANTEE:

Absolute security of transmitted or stored information
Prevention of unauthorized access or data breaches
Protection against all cyber attacks or technical failures
Compliance with all international privacy standards
Complete anonymity or privacy of website usage

By using this website, you acknowledge that internet communications are inherently insecure and accept all risks associated with electronic data transmission.

FORCE MAJEURE AND EXTRAORDINARY CIRCUMSTANCES

THE PRACTICE IS NOT LIABLE FOR ANY FAILURE TO PERFORM, DELAY, OR INTERRUPTION CAUSED BY CIRCUMSTANCES BEYOND REASONABLE CONTROL, INCLUDING:

Natural and Environmental Events:

Natural disasters, earthquakes, floods, fires, or severe weather
Pandemics, epidemics, or public health emergencies
Environmental contamination or hazardous conditions

Human and Social Events:

Government actions, regulatory changes, or legal restrictions
Labor disputes, strikes, or workforce unavailability
Acts of terrorism, war, civil unrest, or social upheaval
Criminal activity or sabotage

Technical and Infrastructure Events:

Internet service provider failures or network outages
Power failures or utility service interruptions
Computer system failures, cyberattacks, or data corruption
Third-party service provider failures or discontinuation

WAIVER OF CLASS ACTION AND COLLECTIVE PROCEEDINGS

YOU EXPRESSLY WAIVE ANY RIGHT TO:

Participate in class action lawsuits against the Practice
Join collective proceedings or representative actions
Seek relief on behalf of a group or class of individuals
Consolidate your claims with those of other parties

All disputes must be resolved on an individual basis through the dispute resolution procedures outlined below.

MANDATORY DISPUTE RESOLUTION AND GOVERNING LAW

Governing Law and Jurisdiction

This Disclaimer is governed exclusively by the laws of Alberta and Canada, without regard to conflict of law principles. Any legal action must be brought exclusively in the courts of Alberta sitting in Calgary.

Mandatory Arbitration

Before initiating any legal proceeding, you agree to attempt resolution through:

Good faith negotiation for sixty (60) days
Binding arbitration under the Arbitration Act (Alberta) if negotiation fails
Arbitration conducted in Calgary, Alberta with a single arbitrator
Each party responsible for their own costs and fees
Arbitrator’s decision final and binding with limited appeal rights

Limited Time for Claims

Any claim against the Practice must be commenced within six (6) months of the event giving rise to the claim, regardless of when the claim is discovered or any applicable statutory limitation period.

SEVERABILITY AND ENFORCEABILITY

If any provision of this Disclaimer is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction:

The remaining provisions remain in full force and effect
The invalid provision shall be deemed severed without affecting other provisions
The parties intend that each provision be enforced to the maximum extent permitted by law
Any ambiguity shall be resolved in favor of the Practice

SURVIVAL OF TERMS

The following provisions survive termination of your website use indefinitely:

All disclaimers and limitations of liability
Indemnification and hold harmless obligations
Intellectual property restrictions
Dispute resolution and governing law provisions
Waiver of class action rights

ACKNOWLEDGMENT OF UNDERSTANDING AND VOLUNTARY ACCEPTANCE

BY CONTINUING TO USE THIS WEBSITE, YOU REPRESENT, WARRANT, AND ACKNOWLEDGE THAT:

You are at least 18 years of age and legally competent to enter into this agreement
You have read and understood every provision of this Disclaimer in its entirety
You have had sufficient opportunity to seek independent legal advice
You understand that this Disclaimer significantly limits the Practice’s liability
You voluntarily and knowingly waive substantial legal rights
You will not hold the Practice liable for any damages or losses of any kind
You understand the risks associated with using website information for health-related decisions
You will seek appropriate professional medical advice before making any health-related decisions
You agree to all terms without coercion, duress, or undue influence
This agreement is fair, reasonable, and enforceable under Alberta law

LEGAL CONTACT INFORMATION

For legal matters regarding this Disclaimer:

Dr. Sabina’s Acupuncture Clinic
Legal Department
Calgary, Alberta, Canada
Email: [email protected]

DISCLAIMER UPDATES AND MODIFICATIONS

This Disclaimer may be updated, modified, or revised at any time without prior notice. Updates become effective immediately upon posting. Continued use of the website after updates constitutes acceptance of the revised terms. It is your responsibility to regularly review this Disclaimer for changes.

Current Version: 1.0
Last Updated: July 2025
Next Scheduled Review: [July 2025 + 1 Year]

⚠️ FINAL CRITICAL WARNING: THIS DISCLAIMER CONTAINS COMPREHENSIVE TERMS THAT SUBSTANTIALLY LIMIT OUR LIABILITY AND SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THESE TERMS ARE LEGALLY BINDING AND ENFORCEABLE. IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS WITHOUT EXCEPTION, YOU MUST IMMEDIATELY STOP USING THIS WEBSITE.