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TERMS AND CONDITIONS OF USE

Last Update:  March 2012

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE READ ALL OF THE FOLLOWING WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Terms and Conditions of Use

This website (the "Website") is provided solely for informational purposes by the Ontario Telemedicine Network, a not-for-profit corporation ("OTN").

Your use of the Website is conditional on your acceptance of the Terms and Conditions of Use set forth below (the "Terms and Conditions"). By visiting or using this Website, including without limitation accessing, using, and/or downloading messages, information, data, text, software, images, or other content from this Website (collectively the "Content"), or sending messages, information, data, text, software, images, or other Content to the Website, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of and each visit to this Website. If you do not agree to abide by the Terms and Conditions, you must immediately discontinue any use of the Website.

OTN may revise and update the Terms and Conditions in its sole discretion at any time without notice. Please check the Terms and Conditions frequently for updates by checking the date of the "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Website immediately. Your continued use of this Website after any such changes are posted will constitute acceptance of the revised and updated Terms and Conditions.

OTN may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Website, including (i) changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Website, or (ii) removing, adding, modifying or otherwise changing any Content on this Website. OTN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice.

Limited License

You are granted a Canadian, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, download, print and use the Content of this Website for informational purposes only and solely for your own personal or internal company use. You must include the copyright notice "Copyright © 2012 OTN. All rights reserved" as well as all copyright, trademark, service-mark and other proprietary notices contained in the Content with any display or copy of the Content. No other use of the Content is permitted, and, for greater certainty, you may not:

  1. modify any Content;

  2. reproduce, display, publicly perform, distribute, or otherwise use any Content in any way for any public or commercial purpose;

  3. include any Content in or with any product that you create or distribute;

  4. copy any Content onto your own or any other website;

  5. use this Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Website or any services, system resources, accounts, servers, networks or affiliated or linked sites, connected to or accessible through this Website (including without limitation uploading, posting or otherwise transmitting to this Website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Website's infrastructure);or

  6. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Content in whole or in part.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to your use of or activities on this Website or in respect of the Content. OTN will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. OTN reserves the right at all times to disclose any information regarding your usage of the Website as necessary to satisfy any law, regulation or governmental request.

User Password and Information

If you are registered to have an account on the Website, you will select a user identification and password during the registration process. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality and security of any password(s) used to access this Website. You are also responsible for all activity that occurs under your password and should immediately notify OTN of any unauthorized use of your password. You must also ensure that you exit from your account at the end of each session. In addition, when registering for a password, you must provide OTN with accurate, true, current, and complete information about yourself, and you must promptly provide any updates necessary to keep such information accurate, true, current and complete at all times.

OTN has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to this Website or any part of this Website, without any notice or incurrence of liability to you. This termination may occur for any reason, including, but not limited to your failure to abide by these Terms and Conditions, or any applicable law regarding the use of this Website.

Proprietary Rights

The Content is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Content.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Website constitute trade-marks, trade names, trade dress and/or associated products and services of OTN (the "Marks"), and are protected in Canada and internationally and their display on this Website does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of OTN is strictly prohibited.

Other trade-marks, trade names, trade dress and associated products and services mentioned on this Website may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Website does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.

Privacy Practices

OTN collects, uses and discloses personal information in accordance with its Privacy Statement, which constitutes an integral part of this agreement.  See Privacy Statement.

DISCLAIMERS

Informational Purposes Only

This Website is provided solely for informational purposes. It has been prepared specifically for OTN and not for any commercial enterprise.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON IN THAT REGARD. You should not act or rely on any Content or any other messages or other information obtained through the use of this Website without first seeking the advice of appropriate medical or other advisors.

Reliance on any information provided by OTN appearing on or provided in relation to the Website (including Content) is solely at your own risk.

User-Generated Content

OTN does not pre-screen or pre-approve user-generated Content, and is not responsible for user-generated Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including user-generated Content, that you may not rely on said Content, and that under no circumstances will OTN be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website.

 

You will not post or make available any Content through the Website that:

  1. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

  2. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  4. constitutes or contains  "affiliate marketing," "junk mail, spam, pyramid schemes, or unsolicited commercial advertisement; or

  5. is false, deceptive or misleading, or is posted in a manner that impersonates another person or entity.

OTN shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any user-generated Content that is available via the Website, for violating the letter or spirit of the Terms and Conditions or for any other reason.

 

Furthermore, the Website and Content, including user-generated Content, may contain links to other websites, which are completely independent of the Website and OTN.  OTN makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.  Your accessing of any other websites is at your own risk.

Use Outside Ontario

This is an Ontario website. Its Content is intended for Ontario residents only. OTN makes no representation or warranty that the information available on this Website is appropriate or available for use at any locations outside Ontario. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. 

Accuracy & Currency

OTN makes reasonable efforts to ensure the information available on this Website is accurate at the time it is posted, but does not make any representations or warranty of any kind, express or implied, as to the quality, accuracy, currency, completeness or appropriateness of information on this Website.

Opinions Expressed

Information provided on this Website represents the views of OTN and does not necessarily reflect those of the Ministry of Health and Long-Term Care.

No Warranties

THIS WEBSITE (INCLUDING WITHOUT LIMITATION THE CONTENT) IS PROVIDED ON AN "AS IS" BASIS, AND ANY USE OF OR RELIANCE ON THE WEBSITE SHALL BE AT YOUR SOLE RISK. YOU HAVE THE SOLE RESPONSIBILITY TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO GUARD AGAINST VIRUSES OR OTHER DESTRUCTIVE ELEMENTS.

UNLESS EXPRESSLY STATED OTHERWISE, NEITHER OTN NOR ANY OF ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND CONDITIONS CONCERNING THIS WEBSITE OR THE CONTENT, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, USEFULNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR THOSE ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, OTN DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL OTN OR ANY OF ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHERWISE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS WEBSITE, THE CONTENT, ANY CONTENT OF ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF OTN OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE WEBSITE.

Indemnity

You agree at all times to indemnify, defend and hold harmless OTN, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by OTN directly or indirectly in respect of your breach of these Terms and Conditions or any information or other content you provide on or through this Website or by e-mail or other correspondence.

Links Policy

Certain links on this Website may take you to other websites. OTN provides these links only as a convenience, and is not responsible for the content of any such linked pages. OTN makes no representation or warranty regarding, and does not endorse, any linked websites, any information, material or content included in or referred to thereon, or any of the products or services described. If you use these sites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk, you will be subject to the terms and conditions of use of that site (including the privacy policy and practices of that website), and it is your responsibility to take all reasonable and appropriate precautions to guard against viruses or other destructive elements.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact OTN.  Once you identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website, OTN will promptly investigate the matter. 

Governing Law

This Website is controlled, operated and administered by OTN from its offices within the Province of Ontario, Canada. By accessing this Website, you agree that all matters relating to the access to, or use of, this Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.

All disputes, controversies or claims arising out of or in connection with this Website shall be submitted to and be subject to the jurisdiction of the Courts of the Province of Ontario. By using this Website, you submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action, or proceeding arising out of or in connection with this Website.

General

The Terms and Conditions (together with the Privacy Statement and any Website user agreement to which you are a party) constitute the entire agreement between OTN and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between OTN or its affiliates and you with respect to this subject matter. The division of the Terms and Conditions into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. OTN's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.

If you violate any of the Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Contact Information

If you have any questions, please contact information@otn.ca.