By using this site you signify that you understand and agree to the following:
1. Partners In Health Canada (PIHCC) grants you a limited right to use the Site.
PIHC is a registered charitable organization in Canada. Our request for donations is addressed to those individuals and entities within the jurisdictions where PIHC is lawfully permitted to seek your assistance. Unauthorized individuals, institutions and other entities may not act on behalf of PIHC, use its property or solicit contributions without express authorization from PIHC. You may not violate or attempt to violate the security of the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
It is PIHC's policy to comply with all applicable laws and regulations as they may be modified from time to time. In the event that any provision of this User Agreement may be in conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision.
This User Agreement and your use of this Site are and shall be governed and construed in accordance with the laws of the Province of Ontario.
Should you have any questions concerning PIHC, please feel free to contact us at email@example.com; (416) 646-0666; or write to us at 533 Queen Street East, Toronto ON, M5A 1V1.
2. Contributed Content
In connection with your use of this Site, you may have occasion to upload or otherwise contribute ideas, comments, editorials, writings, communications, drawings, images, data or other types of content ("Contributed Content") to the Site.
You grant to PIHC and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Contributed Content that you post on or through the Site, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by PIHC or its affiliates of any Contributed Content. You waive all rights to any claim against PIHC and its affiliates for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Contributed Content. You agree and understand that PIHC is under no obligation to use any Contributed Content in any way whatsoever.
Contributed Content is not guaranteed by PIHC as to accuracy, completeness, or usefulness, and PIHC does not endorse any Contributed Content. It is the responsibility of our Site users to evaluate the accuracy, completeness or usefulness of any Contributed Content.
You agree not to upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting Contributed Content, you warrant that the owner of such Contributed Content has expressly granted to PIHC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Contributed Content and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the Contributed Content for that user's personal use.
You may not post or otherwise make available on the Site any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your Contributed Content. PIHC has the right, but not the obligation, to monitor any content posted on our Website to determine compliance with our Terms of Service and/or to satisfy any law, regulation or government request. PIHC has the right, in its sole discretion, to edit, refuse to post or remove any Contributed Content submitted to or posted on the Site including, but not limited to, content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.
3. No Responsibility for Transmitted Material.
You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to PIHC or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and PIHC other than pursuant to this User Agreement. PIHC is not responsible for the payment of any monies to any party in connection with PIHC’s use of any Contributed Content submitted by you to the Site.
4. You will be bound by revised versions of this User Agreement that PIHC posts on the Site.
Modifications of this User Agreement will be effective immediately upon posting unless we indicate otherwise. Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
5. The Content or the Contributed Content may not be available for use outside of Canada.
PIHC makes no representation that any Content or any Contributed Content is appropriate or available for use outside of Canada. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Canada or the country you reside in.
6. The Site is owned by PIHC, its affiliates and/or third parties.
PIHC owns and operates the Site and the Content provided to you via the Site. All Content and Contributed Content contained in the Site is the property of PIHC, its licensors or its content contributors. The compilation (meaning the collection, arrangement and assembly) of all Content and Contributed Content on the Site is the exclusive property of PIHC. The Content and the Contributed Content on the Site may be used for your personal information only. Unless otherwise explicitly prohibited elsewhere in the Site and subject to the rights of PIHC and its licensors, the Content and the Contributed Content may be freely reviewed, abstracted, reproduced or translated, provided that all copyright, trademark and other proprietary notices are included in each such use. The foregoing notwithstanding, no portion of the Site, the Content or the Contributed Content may be sold or otherwise used or distributed in conjunction with any commercial purpose, unless expressly permitted in writing by PIHC, nor may you engage in systematic retrieval of Content or Contributed Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from PIHC.
7. PIHC is not liable for any actions taken in reliance of the Content or the Contributed Content on the Site.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. To the extent the Content or the Contributed Content contained on the Site contains medical or health sciences information, it is intended for professional use within the medical field by physicians and other healthcare providers. Because of rapid advances in the medical sciences, PIHC recommends that practitioners undertake independent verification of diagnoses and drug dosages. IN NO EVENT WILL PIHC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR CONTRIBUTED CONTENT. The additional disclaimers included in the various publications available via the Site are hereby incorporated by reference.
8. PIHC is not responsible for any technological problems or any impact that they may have.
All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site. PIHC is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. PIHC is not liable for any defects, delays or errors in or resulting from your use of the Site.
9. PIHC is not responsible for information on any third-party web site that is referred in, or accessible or connected by hyperlink to, the Site.
The provision via the Site of links and referrals to other web sites, publications or information resources does not constitute the endorsement of those web sites or resources by PIHC, its agents or representatives. PIHC makes no representations or claims as to the quality, content or accuracy of the information, services or products which may be provided by such resources, and specifically disclaims any warranties, including but not limited to, the implied or express warranties of merchantability or fitness for any particular usage, application or purpose.
You may link to the Site solely for noncommercial purposes. Notwithstanding the foregoing, PIHC reserves the right to prohibit any entity from linking to its web site.
10. PIHC disclaims all warranties with respect to the Site that the law allows it to disclaim.
THE UNAUTHORIZED ALTERATION OF THE CONTENT OF THIS PIHC WEB SITE IS EXPRESSLY PROHIBITED. PIHC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, OR DAMAGES WHICH MAY ARISE ON ACCOUNT OF THE UNAUTHORIZED ALTERATION OF THIS WEB SITE.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIHC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE MATERIALS CONTAINED IN THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT OR THE CONTRIBUTED CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIHC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, OR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF PIHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
11. You will be responsible for any liability to PIHC that arises out of your breach of this User Agreement or your use of this Site.
You hereby agree to indemnify, defend and hold PIHC and its affiliates, its directors, officers, employees, affiliates, agents, licensors and representatives, harmless from and against any and all suits, liability, losses, damages, costs, and expenses (including reasonable attorneys' fees) that arise from or relate to:
(i) your use of the Site;
(ii) your breach of your obligations under this User Agreement or any representation, warranty or covenant made by you in this User Agreement;
(iii) your violation of any applicable law, statute, ordinance, regulation or of any third-party's rights;
(iv) claims asserted by third parties which, if proven, would place you in breach of the representations, warranties, covenants or other provisions contained in this User Agreement; or
(v) your Contributed Content and PIHC's use of the same, including, without limitation, any and all suits, liability, losses, damages, costs, and expenses (including reasonable attorney’s fees) that arise from or relate to any claim the Contributed Content violates the intellectual property rights of any third party.
12. Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement
If you believe that any material on this Site infringes upon any copyright which you own or control, or that any link on this Site directs users to another Site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with Mark Brender, Director of PIH Canada, by writing to Partners In Health Canada, 533 Queen Street East, Toronto ON, M5A1V1, or via email to firstname.lastname@example.org.