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Terms of Use

Website Legal Terms and Disclaimer

This Website Legal Terms and Disclaimer (the “Agreement”), which includes the Privacy Policy, is an agreement between you (“You”, “Your”, etc.) and CreateIT Now/Southlake Regional Health Centre (SRHC).  Many users of the Website are employees or other agents of entities, so references to “You” means both: (1) any entity or individual that is Your employer or for whom You act as agent, and (2) the user individually, unless otherwise stated on the Website or in this Agreement. “We” and “Us” means both You and CreateIT Now/SRHC.  The Agreement governs Your use of the Website and all information on or submitted through it.

You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have registrated vie the Site, CreateIT Now/SRHC may send You information and documents to the e-mail address You provided. You may send information and documents to CreateIT Now/SRHC by email to jkerr@southlakeregional.org

Ownership, Copyright, and Use of Content

The Site and the information and documents distributed to You via the may contain a variety of information, including information, content, reports, data, databases, graphics, images, photos, videos, sounds, music, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names (collectively the “Content”).  You acknowledge that the Content and the manner in which the Content is presented or appears, and all information relating thereto, are the property of CreateIT Now/SRHC or its licensors, as the case may be. You agree that the Content is protected by Canadian and international intellectual and industrial property rights, including copyrights, trademarks and other proprietary rights.

CreateIT Now/SRHC grants You a personal, non-transferable and non-exclusive license to access, display, read, or print the Content for Your own personal non-commercial use.  You may provide a link to the Site and you may share the Content on social media platforms where the Website provides an embedded “Share” option.  The Content may not be otherwise reproduced, republished, modified, or re-disseminated without the prior written consent of CreatIT Now/SRHC, and in no event may You sell the Content or otherwise distribute it for a fee.  If you would like to publish information or other Content that you find on the Website, CreateIT Now/SRHC’s written permission shall be required.  Please send Your request to jkerr@southlakeregional.org.  Your use of CreateIT Now/SRHC’s’s logo is subject to written consent and to compliance with the directions provided.

Registration and Profiles; Attribution of Electronic Acts to You

For some areas of the Website, e.g. Solutions, You may have to complete a registration process or create a profile for use in responding to something.  Completion of the process may create an account with a user name and password or other identifier (“Credentials”) which You agree to guard as confidential information – if you are careless with it, others may be able to access the information.  You agree to provide accurate, current and complete information at all times.  You also agree that You will review, maintain, correct, and update information in a timely manner to maintain its accuracy and completeness.  If You provide information that is inaccurate or incomplete, CreateIT Now/SRHC may suspend or terminate Your access, application, grant or participation in a program, in addition to exercising all available legal rights and remedies.

You agree that all uses of the Credentials established for You will be attributed to, and legally bind, You and may be relied upon by CreateIT Now/SRHC (including its directors, officers and employees) and its agents, affiliates, and other third parties with whom CreateIT Now/SRHC works including other funders and the Government of Canada (including their directors, officers and employees) (collectively, “Partners”), as being made by You, even if another party used Your Credentials.

User-Generated Content

You may be required to, or may wish to, provide or upload on the Website, e.g. Solutions, or otherwise provide to CreateIT Now/SRHC or its Partners certain Content (the “User-Generated Content” or “UGC”).  You represent and warrant that the UGC is: (1) wholly Your original work, or (2) that You have all necessary right, title, interest and licenses to upload it and/or make it available to CreateIT Now/SRHC, its Partners, and other users for use in accordance this Agreement without violation of any applicable laws, policies, agreements, or third party rights.

You grant CreateIT Now/SRHC, its Partners, and each Website user who accesses the UGC in compliance with this Agreement, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, sublicensable and assignable license to (1) use, copy, distribute, modify, and create derivative works from the UGC, and (2) publicly perform or display, license and distribute the UGC, including modifications or derivative works therefrom.  You acknowledge that, without limitation, CreateIT Now and its Partners may post the UGC on the Site or on Partner or other websites or social media platforms, including in modified form or in one or more derivative works.  You waive any all moral rights in the UGC in favour of CreateIT Now/SRHC, its Partners, such Website users, and their respective sublicensees and assigns.

You agree that CreateIT Now/SRHC may keep the UGC indefinitely and disclose it for any purpose, including but not limited to (1) comply with applicable laws or legal processes, (2) enforce this Agreement, and (3) respond to claims that the UGC violates the rights of third parties.

You agree not to upload or provide UGC or any material whatsoever that (1) is defamatory, obscene, false, misleading, or invasive to another’s privacy or protected data, (2) infringes upon anyone’s intellectual property rights, including any patent, copyright, trademark, trade secret, or right of publicity, (3) depicts anyone without their permission, (4) contains any viruses or other harmful code, file, or program, or (5) violates any applicable license, law or contractual or fiduciary duty or provision.

Personal Information

The use by CreateIT Now/SRHC of Your personal information is governed by CreateIT Now/SRHC’s privacy policy (the “Privacy Policy”), which is an integral part of this Agreement, is incorporated herein, and can be found on the Site. You consent to the collection, use and disclosure of Your personal information in accordance with the terms of the Privacy Policy.

Collaboration: Challenges and Solutions

The Colaboration portion of the Website is provided by CreateIT Now/SRHC on behalf of itself and its Partners, to provide information and a portal for the submission and review of funding applications, reports, and other materials.  As noted above, for access to Collaboration, You will be required to have a user account, including Credentials.  Collaboration is for use only by persons or entities who have been authorized by CreateIT Now/SRHC  (“Authorized Users”).  By accessing the Collaboration, You represent and warrant that you are an Authorized User and that You have received Credentials.  You agree that all uses of Your Credentials will be attributed to You and legally bind You, and may be relied upon by CreateIT Now/SRHC and its Partners as a use of the Community Portal being made by You, even if another party used Your Credentials.

This Agreement, including the Privacy Policy, govern Your use of Collaboration.  If You do not agree with the terms and conditions of this Agreement or the Privacy Policy, do not log-in or use Collaboration.  You acknowledge and agree that all Content, including User Generated Content, submitted through Collaboration pages is subject to all rights, licenses, representations, warranties, limitations, and other terms and conditions provided herein.

Limitation of Liability and Disclaimers

While CreateIT Now/SRHC has made reasonable efforts to ensure that information contained on the Website and in the Content is accurate, it does not warrant or guarantee: the accuracy, currency or completeness of the information or Content; that the Website will be available without interruption, error or omission; that defects will be corrected; or that the Website or the server(s) that make it available are free from viruses or other harmful components.  The Website and the Content are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.  CreateIT Now/SRHC does not guarantee the confidentiality of any communication via e-mail or the Website.

The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product, service, use or course of action. The Content on this Website is not intended to be used as a substitute of any kind for advice given by a physician, pharmacist, or other licensed health-care professional.  You are solely responsible for Your retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.  Your use of the Content is at Your own risk.

CreateIT Now/SRHC assumes no obligation to update the Content or functionality on the Website. The Content and functionality may be changed at any time without notice to You.  CreateIT Now/SRHC may also do this for particular activities or programs even if You have started to participate.  For example, CreateIT Now/SRHC may change a description at any time even if You have already responded.

CreateIT Now/SRHC is not responsible if you find any Content undesirable or objectionable. CreateIT Now/SRHC disclaims any liability for unauthorized use or reproduction of any portion of the Website. CreateIT Now/SRHC is not responsible for any loss resulting from Your access of the Content in territories or jurisdictions where such access may be illegal.

The Website may contain links to other sites. CreateIT Now/SRHC does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, CreateIT Now/SRHC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that CreateIT Now/SRHC is affiliated or associated with that site. CreateIT Now/SRHC does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.

IN NO EVENT WILL CREATIT NOW/SRHC, ITS PARTNERS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY LOSS, COST OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF PROFITS OR SAVINGS, PROGRAMS OR DATA, INTERRUPTION OF ACTIVITIES OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, CONSEQUENTIAL OR OTHERWISE ARISING OUT OF ANY USE OR MISUSE OF, OR ANY DEFECTS, INACCURACIES, ERRORS OR OMISSION IN, THIS WEBSITE OR ITS CONTENT, HOWSOEVER CAUSED, EVEN IF CREATEIT NOW/SRHCOR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.

Indemnity

You agree at all times to indemnify, defend and hold harmless CreateIT Now/SRHC and its Partners against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by them directly or indirectly in respect of (1) any UGC You provide on or through the Website or which is sent to CreateIT Now/SRHC by You, (2) Your use or misuse of the Content or the Website, or (3) any breach or alleged breach of this Agreement by You.

Termination

CreateIT Now/SRHC may terminate this Agreement for any reason without notice within its sole discretion. Any such termination by CreateIT Now/SRHC shall be in addition to and without prejudice to such rights and remedies as may be available to CreateIT Now/SRHC, including injunction and other equitable remedies.  In the event of such termination, You will have no continuing right to use the Website.  Any terms of this Agreement which contemplate survival beyond termination shall survive, except to the extent not permitted by law.

Governing Law and Attornment

Use of the Website and the interpretation, validity and effect of this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, nothwithstanding any conflict of laws, provisions or Your domicile, residence or physical location.  For the purpose of all legal proceedings, this Agreement shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under or relating to this Agreement. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.

Type of Proceeding

You agree to waive any right You may have to commence or participate in any class action against CreateIT Now/SRHC related to the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against CreateIT Now/SRHC.

Notices and Contact

You agree that CreateIT Now/SRHC may give all notices it is required to give You by posting notice on the Website or, if it has Your email address, by sending notice by email at its discretion, including (without limitation), required disclosures, legal notices, notices of subpoenas or other legal processes, and all other communications.  You agree to check for notices on the Website.  Every legal notice that You are required or permitted to give to CreateIT Now/SRHC shall be written and shall be made to jkerr@southlakeregional.org. You can contact CreateIT Now/SRHC by telephone at (905) 895-4521 x2763

or by mail at:

CreateIT Now at Southlake
Southlake Regional Health Centre
596 Davis Drive
Southlake Village, 5th Floor
Newmarket, Ontario L3Y 2P9
CANADA

Amendment

CreateIT Now/SRHC reserves the right to change this Agreement at any time. As a result, You are responsible for reading the Agreement each time You visit the Website in order to be informed of possible changes. Each time the Agreement is modified, the date of the Agreement will be updated to reflect that changes were made.  USE OF THE WEBSITE AFTER THE AMENDMENT WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENT.  IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE WEBSITE AND CEASE ALL USE OF THE CONTENT.

Severability

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability, and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

Last modified: December 3, 2018
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