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Acceptance
It is important that you read all the following terms and conditions
carefully. This Terms of Use Agreement (“Agreement”)
is a legal agreement between you and Women's College Hospital, which
is the owner and operator (“Owner”)
of the Website (the “Website”). It states the terms and
conditions under which you may access and use the Website and all written
and other materials displayed or made available through the Website,
including, without limitation, articles, text, photographs, images,
illustrations, audio clips, video clips, computer software and code
(the “Content”). By accessing and using the Website,
you are indicating your acceptance to be bound by the terms and conditions
of the Agreement. If you do not accept these terms and conditions,
you must not access or use the Website. The Owner may revise this
Agreement
at any time by updating this posting. Use of the Website after such
changes are posted will signify your acceptance of these revised
terms. You should visit this page periodically to review this Agreement.
Not Medical Advice
The information provided on the Website is for informational purposes
only and is not professional medical advice, diagnosis, treatment or
care, nor is it intended to be a substitute thereof. Always seek the
advice of a physician or other qualified health care provider properly
licensed to practise medicine or general health care in your jurisdiction
concerning any questions you may have regarding any information obtained
from this Website and any medical conditions you believe may be relevant
to you or to someone else. Never disregard professional medical advice
or delay in seeking it because of something you have read on this Website.
Always consult with your physician or other qualified health care provider
before embarking on a new treatment, diet or fitness program. Information
obtained on the Website is not exhaustive and does not cover all diseases,
ailments, physical conditions or their treatment.
Medical emergency
Do not use the Website for medical emergencies. If you have a medical
emergency, call a physician, qualified health care provider or 911
immediately. Under no circumstances should you attempt self-treatment
based on anything you have seen or read on the Website.
No physician-patient relationships
The presentation of information on the Website does not establish a physician-patient
relationships between you and the Owner (or any of its physicians or
other qualified health care providers) and is not intended as a solicitation
of individuals to become patients or clients of the Owner (or any of
its physicians or other qualified health care providers).
No endorsements
Unless specifically stated, the Owner does not recommend or endorse any
specific brand of products, services, procedures or other information
that appears or that may be advertised on the Website.
E-mail
Due to the insecure nature of email communication, the Owner does not
wish to use this Website as a means of communication with the public
or patients (i) regarding questions or issues of a medical nature;
(ii) to establish physician/patient relationships; (iii) to book or
cancel appointments; or (iv) for inquiries regarding fees, services
or similar matters. Email communications regarding such matters will
not be responded to and will be discarded unread. If you wish to contact
the Owner or its physicians or other qualified health care providers
regarding medical questions or issues or with regard to appointments,
accounts or other questions please do so by telephone, fax or regular
mail in the manner set out in the Website.
Notwithstanding the above provision, the Owner reserves the right to
read e-mail communications and use the medical information contained
therein for the sole purpose of formulating and posting generic responses
to medical and medical-related questions that are directed to the Website.
Disclaimer of warranties
The Website and the Content are provided “AS IS”. While the
Owner endeavours to provide information that is correct, accurate, current
and timely, the Owner makes no representation, warranties or covenants,
express or implied, regarding the Website and the Content including,
without limitation, no representation, warranty or covenant that (i)
the Content contained in or made available through the Website or any
item(s) made available on or through the Website will be merchantable
quality and/or fit for a particular purpose; (ii) the Website or Content
will be accurate, complete, current, reliable, timely or suitable for
any particular purpose; (iii) that the operation of the Website will
be uninterrupted or error-free; (iv) that defects or errors in the Website
or the Content, be it human or computer errors, will be corrected; (v)
that the Website will be free from viruses or harmful components; and
(vi) that communications to or from the Website will be secure and/or
not intercepted.
You acknowledge and agree that your access and use of the Website and
the Content is entirely at your own risk and liability.
Limitation of liability
In no event shall the Owner, its physicians, other qualified health care
providers, officers, directors, employees, agents, licensors, and their
respective successors and assigns be liable for damages of any kind,
including, without limitations, any direct, special, indirect, punitive,
incidental or consequential damages including, without limitation any
loss or damages in the nature of or relating to lost business, medical
injury, personal injury, wrongful death, improper diagnosis, inaccurate
information improper treatment or any other loss incurred in connection
with your use, misuse or reliance upon the Website or the Content,
or your inability to use the Website, regardless of the cause and whether
arising in contract (including fundamental breach), tort (including
negligence), or otherwise. The foregoing limitation shall apply even
if the Owner knew of or ought to have known of the possibility of such
damages.
The Owner also expressly disclaims
any and all liability for the acts, omissions and conduct of any third-party
user of the Website, or any
advertiser or sponsor of the Website (“third-party”). Under
no circumstances shall the Owner, its physicians, other qualified health
care providers, officers, directors, employees, agents, licensors, and
their respective successors and assigns be liable for any injury, loss,
damage (including direct, special, indirect, punitive, incidental or
consequential damages), or expense arising in any manner whatsoever from
(i) the acts, omissions or conduct of any third-party, and (ii) any access,
use, reliance upon or inability to use any materials, content, goods
or services located at, or made available at, any Website linked to or
from the Website, regardless of the cause and whether arising in contract
(including fundamental breach), tort (including negligence), or otherwise.
The foregoing limitation shall apply even if the owner knew of or ought
to have known of the possibility of such damages.
Indemnity
You agree to indemnify, defend and hold harmless the Owner, its physicians,
other qualified health care providers, officers, directors, employees,
agents, licensors, and their respective successors and assigns, from
and against any and all claims, demands, liabilities, costs, or expenses
whatsoever, including, without limitation, legal fees and disbursements,
resulting directly or indirectly from (i) your breach of any of the
terms and conditions of this Agreement, (ii) your access to, use, misuse,
reliance upon or inability to access or use the Website, the Content
or any Website to which the Website is or may be linked to from time
to time, or, (iii) your use of, reliance on, publication, communication,
distribution, uploading or downloading of anything (including the Content)
on or from this Website.
Copyright
The Content is protected by copyright law and is owned by the Owner and
its licensors, or the party accredited as the provider of the Content.
Except as granted in the limited licenses herein, any use of the Content,
inducing modification, transmission, presentation, distribution, republication,
or other exploitation of the Website or of its Content, whether in
whole or in part, is prohibited without the express prior written consent
of the Owner.
Limited licenses
Subject to the terms and conditions of the Agreement, you are hereby
granted a limited, non-transferable and non-exclusive license to access,
view and use the Website and the Content for your personal, non-commercial
use. You are granted the right to download, store and/or print single
copies of items comprising the content for your personal, non-commercial
use, provided that you maintain all copyright and other notices contained
in such content. You may not copy and/or repost items comprising the
Content online. You must also abide by any additional requirements
governing the use of any special Content that may be set out in the
Website. In the event of a conflict between the terms of a license
governing specific content and this Agreement, the terms of the specific
license shall govern.
Trademarks
Women’s Health Matters is an official mark of Women’s College
Health Trust. Other names, words,
titles, phrases, logos, designs, graphics, icons and trademarks displayed
on the Website may constitute registered or unregistered trademarks of
the Owner or third parties. While certain trademarks of third parties
may be used by the Owner under license, the display of third-party trademarks
on the Website should not be taken to imply any relationship or license
between the Owner and the owner of the trademark or to imply that the
Owner endorses the wares, services or business of the owner of the said
trademark.
Linking
The Website contains links to third-party websites. These links are provided
solely as a convenience to you and not as an endorsement by the owner
of any third-party website and the content thereof. Unless expressly
stated, the Owner does not operate any third-party website and is not
responsible for the content of any third-party website, nor does it
make any representation, warranty or covenant of any kind regarding
any third-party website including, without limitation, (i) any representation,
warranty, or covenant regarding the legality, accuracy, reliability,
completeness, timeliness or suitability of any content on such third-party
websites, (ii) any representation, warranty or covenant regarding the
merchantability and/or fitness for a particular purpose of any third-party
web sites or material, content, software, goods, or services located
at or made available through such third party websites, or (iii) any
representation, warranty or covenant that the operation of such third-party
websites will be uninterrupted or error free, that defects or errors
in such third party websites be corrected, or that such third-party
websites will be free from viruses or other harmful components.
While the Owner encourages links to the Website, it does not wish to
be linked to or from any third-party website which contains, posts or
transmits any unlawful or indecent information of any kind, including,
without limitation, (i) any content constituting or encouraging conduct
that would constitute a criminal offence, give rise to civil liability
or otherwise violate any local, state, provincial, national, international
law or regulation which may be damaging or detrimental to the activities,
operations, credibility or integrity of the Owner, or (ii) any website
which contains, posts or transmits any material or information of any
kind which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights, or which
is protected by copyright, trademark or other proprietary rights. The
Owner reserves the right to prohibit or refuse to accept any link to
the Website, including, without limitation, any link which contains or
makes available any content or information of the foregoing nature, at
any time.
You agree to remove any link you may have to the Website upon the request
of the Owner.
Linking to the Website
The Owner welcomes links to this Website. However, you agree that by
establishing a link to this Website, you will be deemed to have agreed
to these conditions:
- If you link to this Website,
the Owner grants you a limited, non-exclusive, non-transferable,
royalty-free license to use the Owner’s trademark
and internet icons, if available, (the “Licensed Marks”)
solely for the purpose of serving as a link from the applicable website
to this Website. For greater certainty, except for the limited license
to use the Licensed Marks granted in this paragraph, you may not use
any of the Owner’s trademarks or service marks for any reason without
the Owner’s prior written permission.
- The linked website shall
not:
- change in any material way the nature and features of such Website
from that described to the Owner in the written notice provided to the Owner
prior to the establishment of the link;
- create frames around any part of this Website or use other techniques
that alter the visual presentation of this Website;
- imply that the owner is endorsing you or any other person, or your or such
other person’s products or services;
- imply an affiliation between you or any other person, or your or such other
person’s products or services, and the Owner without the prior
written consent of the Owner;
- misrepresent the relationship of you or any other person with the Owner
or present false, misleading or otherwise damaging information or impressions
about the Owner or any of its products or services; nor
- contain materials that may be interpreted as distasteful, harmful, offensive,
or inaccurate.
- For greater certainty,
the Owner shall have no responsibility or liability for any content
appearing on the linked website.
- The Owner may at any time,
in its sole discretion, immediately terminate any
license to use the Licensed Marks and any right to link to this Website,
with or without cause. If the Owner exercises this right, you shall immediately
remove all your links to this Website and shall cease using the Licensed
Marks.
Submissions
The Website provides features which allow you to post messages and content
to designated areas on the Website, to participate in discussion groups,
to interact with the Owner and other users and to upload files, documents,
or other materials (“Submission(s)”). The Owner does not
control the content of any Submissions and has no obligation to monitor
the Submissions; while the Owner may attempt to delete insulting, offensive
or inaccurate communications of which it is notified, it cannot prevent
then and may not catch them before they cause damage, and is not responsible
for such damage. However, the Owner reserves the right at all times
to disclose any information necessary to satisfy any law, regulation,
or governmental or law enforcement request, or to edit, refuse to post
or to remove any Submission, in whole or in part, that, in the Owner’s
sole discretion, are objectionable, inaccurate, misleading or in violation
of the Agreement. For greater certainty, the Owner will fully cooperate
with any legal obligation to disclose the identity of anyone posting
threatening, libelous, obscene, pornographic, profane or otherwise
offensive or illegal materials. You acknowledge that you alone are
responsible for the content of your Submissions and the consequences
thereof.
Rules of conduct regarding Submissions
When using any of the features of the Website which allow you to post,
upload or make Submissions, it is a condition of your use of the Website
that you do not:
- Restrict or inhibit another
user from using and enjoying the Website, interfere or attempt to
interfere with the proper workings of the Website
or do anything, which in the sole discretion of the Owner, imposes
an unreasonable or disproportionately large load on the Website infrastructure;
- Post or transmit any unlawful, abusive, defamatory or obscene information
of any kind, including, without limitation, any submission constituting
or encouraging conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state, provincial,
national or international law or regulation;
- Post or transmit any Submission, including, without limitation, articles,
images, stories, software, or other material, which violates or infringes
upon the rights of others, including material which is an invasion of
privacy or publicity rights, or which is protected by any intellectual
property rights, including, without limitation, copyright, patent, trade
secret, trademark, or other proprietary rights herein or derivative works
with respect thereto, without first obtaining permission from the owner
or rights holder;
- Post or transmit any Submission which contains a virus or other harmful
component;
- Post or transmit “junk mail”, “chain letters”,
unsolicited mass mailing or “spam”; and
- Use or “mine” the Website for commercial purposes, including,
without limitation, posting, uploading or transmitting any Submission
which contains advertising, which engages in commercial activities, solicitations
or sales, or which involves contests, sweepstakes, advertising and pyramid
schemes.
Communications
Subject to any applicable law, and for greater certainty excluding your
personal health information, any communications sent by or to you via
this Website or otherwise to the Owner are on a non-confidential basis,
and the Owner is under no obligation to refrain from reproducing, publishing
or otherwise using them in any way or for any purpose. The Owner shall
be free to use the content of any such communication, including without
limitation any ideas, inventions, concepts, techniques or know-how
disclosed therein, for any purpose inducing without limitation developing,
manufacturing and/or marketing goods and services. You agree to not
assert any ownership right of any kind in such communications (including
without limitation copyright, trademark, patent, unfair competition,
moral rights, or implied contract) and you hereby waive the right to
receive any financial or other consideration in connection with such
communication, including without limitation acknowledgement of you
as the source of such communications. For greater certainty, the Owner
shall not use or disclose your personal information without your consent.
Grant of license regarding Submissions
By posting or uploading Submissions to the Website, you grant the Owner
a royalty-free perpetual, non-exclusive, irrevocable, unrestricted, worldwide
license to (i) use, reproduce, store, adapt, translate, modify, make
derivative works from, transmit, distribute, publicly perform or display
such Submissions for any purpose and (ii) to sublicense to third parties
the unrestricted right to exercise any other of the foregoing rights.
In addition to the grant of the above license, you hereby (i) waive all
moral rights in your Submission in favour of the Owner, (ii) consent
to your name, address and email appearing as the contributor of your
Submission, where applicable, and to the disclosure and display of such
information and any other information which appears in or is associated
with your Submission, (iii) acknowledge and agree that the Owner is not
responsible for any loss, damage or corruption that may occur to your
Submission, and (iv) acknowledge and agree that your Submission will
be non-confidential.
Registration
To use certain features of the Website, you may be asked to create an
account with the Website. When you register with the Website, you agree
(i) to provide, true, accurate, current and complete information about
yourself as prompted by an registration form; and (ii) to maintain and
promptly update the information to ensure it remains true, accurate,
current and complete. If the Owner has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
the Owner has the right to suspend or terminate your access to all or
part of the Website. The Owner’s use of any personally identifying
information you provide as part of the registration process is governed
by the terms of our Privacy
Policy.
Passwords
You are responsible for maintaining the confidentiality of the password
you use in association with your account and are responsible for all
activities that occur under your user name and password. You agree
to notify the Owner immediately of any unauthorized use of your password
or account or any other breach of security, and to ensure that you
exit from your account at the end of each session. The Owner will not
be liable for any loss or damage arising from the Owner’s failure
or your failure to protect your password or account information.
Software license and ownership
All software embedded in or located on or at the Website, including,
without limitation, all computer code of all types, including all files
and/or images contained in or generated by such software (“software”)
is protected by copyright and may be protected by other rights. All
such software is owned by the Owner, its licensors or the party accredited
with ownership of such software. You are hereby granted the right to
access and use the software embedded and integrated into the Website,
subject to (i) the terms and conditions of this Agreement, and (ii)
any additional conditions which may be imposed on your access and use
of such software.
If the Website provides software for download, unless otherwise provided,
you are hereby granted, subject to the terms of this Agreement and to
any other specific terms and conditions that may apply to your downloading
and use of such software, a personal, non-transferable, non-exclusive
license to (i) install and run one copy of the software in object code
format on a non-networked computer for your personal, non-commercial
use, and (ii) to reproduce the software only as reasonably required to
install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may
not (i) use, reproduce, modify, adapt, translate, upload, download or
transmit the software in whole or in part, (ii) sell, rent, lease, licenses,
transfer or otherwise provide access to the software, (iii) alter, remove,
or cover any trademarks or proprietary notices including from the software,
and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer
the software or assist others in doing so.
Other than the limited license granted herein, nothing contained in
the Website
shall be construed as granting you any right, title, interest or other
license in or to any software embedded or integrated into the Website
or made available for download from the Website, including, but not limited
to any intellectual property rights in the software.
All software embedded or integrated
into the Website is provided “as
is”, without warranties of any kind, either expressed or implied,
including, without limitations, any warranty (i) that the software is
of merchantable quality and/or is fit for any particular purpose, (ii)
that the software will conform with any specification(s) relating to
the software, (iii) that the software will be free from material defects,
(iv) that the software contains no computer viruses or other contaminants,
or (v) that the software shall process date and time-related data without
causing any processing interruptions, abnormal termination or process
or manipulate any time-related data.
Tools
Any tools, calculators or quizzes provided on the Website are provided
for general and illustrative purposes only. Such tools, calculators
or quizzes are not medical advice nor are they intended to be a substitute
thereof. You should not act or abstain from acting based on any information
provided by any such tool, calculator or quiz available on this Website.
Security
Any information sent or received over the Internet is generally not secure.
The Owner cannot guarantee the security or confidentiality of any communication
to or from the Website.
Modification to the Website
The Owner reserves the right at any time, and from time to time, to modify
or discontinue, temporarily or permanently, the Website (or any part
thereof) with or without notice to you. The Owner shall have no liability
to you or any third party for any modifications, suspension or discontinuance
of the Website or any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website
or any of the Content may violate any laws or regulations. You agree
not to access or use the Website in such jurisdictions. You agree that
you are responsible for compliance with all applicable laws or regulations.
Any contravention of this provision (or any provision of this Agreement)
is entirely at your own risk.
Governing law and jurisdiction
The Website is operated by the Owner from its offices within the Province
of Ontario, Canada.
You agree that all matters relating to your access, or use of the Website
and its Content shall be governed by the laws of the Province of Ontario
and the laws of Canada applicable therein, without regard to conflict
of laws principles.
You agree and hereby submit to the exclusive and preferential jurisdiction
of the courts of the Province of Ontario with respect to all matters
relating to your access and use of the Website and the Content as well
as any dispute that may arise therefrom and that the applicable law shall
be the law of the Province of Ontario.
Waiver
Any consent by the Owner to, or waiver of, a breach of this Agreement
which you have committed, whether express or implied, shall not constitute
a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement
or any covenant contained herein shall not affect the validity or enforceability
of any other provision or covenant contained herein and any such invalid
provision or covenant shall be deemed severable from the rest of the
Agreement.
Notice
Questions or comments regarding the Website should be directed by email
to info@womenshealthmatters.ca
Termination
The Owner may, in its sole discretion, cancel or terminate your right
to use the Website, or any part of the Website, at any time without
notice. In the event of termination, you are no longer authorized to
access the Website, or the part of the Website affected by such cancellation
or termination. The restrictions imposed on you with respect to material
downloaded from the Website and the disclaimers and limitations of
liabilities set forth in this Agreement shall survive termination of
this Agreement. The Owner shall not be liable to any party for such
termination.
Entire Agreement
This is the entire Agreement between you and the Owner relating to your
access and use of the Website.
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