TERMS AND CONDITIONS OF USE

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

Terms and Conditions of Use

This web site (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, please discontinue 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 those changes.

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, but confirms that it has no duty to do so.

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 © 2008 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 is permitted.

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

  4. or 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;

  5. or using 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.

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.

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 messages, information, data, text, software, images, or other content contained on this Website (collectively, "Content") without first seeking the advice of appropriate medical 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.

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. Accessing this website from locations where the information is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

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.

Accuracy & Currency

OTN makes reasonable efforts to ensure the information available on this website is accurate at the time it it 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.

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, OTN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND CONDITIONS, 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, PRIVACY, SECURITY, MERCHANTABILITY, 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 OTHER LEGAL BASIS, 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 WEB SITE, OR FAILURE OF SUCH WEB SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES) 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.

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 any 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 correspondance.

Links Policy

Certain links on this Website may take you to other web sites. 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 web sites, 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, and it is your responsibility to take all reasonable and appropriate precautions to guard against viruses or other destructive elements.

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 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