The Patient Factor Terms of Service
Chapman Communications (referred to herein as “The Patient Factor“) is a sole proprietorship that endeavors to provide people with a forum to comment on and discuss the Canadian medical system from a patient perspective. Your participation and/or membership in this website are subject to all of the terms and conditions set out below. The goal of The Patient Factor is to provide a forum where medical issues can be raised and discussed in a civilized manner, and where patients can have a say. The Patient Factor wants to foster a proactive and productive environment for the discussion of medical concerns. If you are unable or unwilling to use The Patient Factor website in a civilized manner, with respect for the others who access this website, for patients and for the people who provide medical services in Canada, please leave this website now, and do not access or use this website in the future.
2. Limited Right to Use.
This website is owned and operated by Chapman Communications (referred to herein as “The Patient Factor”. Unless otherwise specified, all Materials on this website are, and shall remain, the property of The Patient Factor and are protected by the copyright laws of Canada and throughout the world by the applicable copyright laws.
(b) Limited License.
(c) Linking – Permission Required.
You are prohibited from making links of any kind to this website without the prior written permission of The Patient Factor. You may not sell, retransmit, repackage, disseminate or otherwise republish any of the Materials in any form, including paper, nor may you include any Materials with any product, document or information that you hold, create, or distribute without the prior written consent of The Patient Factor. Without limiting the generality of the foregoing, hypertext linking to this website or “deep linking” to any webpage on this website is strictly prohibited without the express written permission of The Patient Factor.
(d) Data Mining and other Prohibited Uses.
Use of this website through a Web browser that contains any frames displaying contents of other websites is strictly prohibited. The scraping or mining of data from or framing or mirroring of this website by any method is strictly prohibited. You agree not to employ or utilize any collaborative browsing or display technologies.
(e) Unauthorized Access.
Access to this website for the purpose of browsing the Materials via the World Wide Web, subject to the aforesaid limited license, is encouraged; ALL OTHER ATTEMPTS TO ACCESS OR USE THIS WEBSITE, THE RELATED COMPUTER SYSTEM OR ITS RESOURCES ARE UNAUTHORIZED. UNAUTHORIZED USE OF A COMPUTER SYSTEM IS A CRIMINAL OFFENCE IN CANADA.
3. Communications and User Generated Content.
By posting or uploading User Generated Content to The Patient Factor website, you grant The Patient Factor 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 User Generated Content for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any User Generated Content in favour of The Patient Factor; (ii) consent to your name, address and e-mail appearing as the contributor of any User Generated Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with said User Generated Content; (iii) acknowledge and agree that The Patient Factor is not responsible for any loss, damage, or corruption that may occur to your User Generated Content; and (iv) acknowledge and agree that any User Generated Content you provide for display on The Patient Factor website will be considered non-confidential.
The Patient Factor is not responsible for the content of any User Generated Content. User Generated Content represents the views and opinions of the person(s) posting the User Generated Content and do not represent the views or opinions of The Patient Factor.
5. Prohibited Activities.
You covenant in favour of The Patient Factor that you will not upload, post or transmit to, distribute, disseminate, or otherwise publish via or through this website any materials that:
(a) restrict or inhibit any other user from using or accessing this website or the Materials;
(b) are unlawful, threatening, abusive, harassing, libelous, defamatory, derogatory, discriminatory, disruptive, obscene, vulgar, offensive, objectionable, pornographic, profane, sexually explicit or indecent;
(c) constitute, advocate or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or governmental regulation, whether in Canada or in your local jurisdiction;
(d) violate or infringe the rights of third parties, including copyright, trade-mark rights, patent rights, rights of privacy or publicity or any other proprietary right of a person;
(e) contain a virus, corruption or other harmful or destructive element or item that might damage the operation of another’s computer or software applications;
(f) contain any information, software or other material of a commercial nature, including any advertising, promotions or solicitations for purchase or sale and any “spam” or other bulk communications; or
(g) constitute or contain false or misleading author attributions, legal or other notices, proprietary designations, labels or other indications of origin or source, or facts.
Any prohibited use of The Patient Factor website, in the sole discretion of The Patient Factor, may lead to any of the following actions being taken by The Patient Factor:
- Termination of your access to The Patient Factor website or any portion thereof;
- Termination of your account, if any, in and to The Patient Factor website or any portion thereof;
- Technological blocking of your access to The Patient Factor website or any portion thereof;
- Any administrative remedies available under the Laws of Saskatchewan and the Laws of Canada applicable therein;
- Any legal remedies available under the Laws of Saskatchewan and the Laws of Canada applicable therein;
- Assisting any third party in any form of action that may be taken by that third party based on your prohibited use; or
6. Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas of this website, including without limitation, the Members Only Area and any other such designated areas, is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this website. You are solely responsible for maintaining the confidentiality of any username and password that you choose, or that is chosen by The Patient Factor on your behalf, to access this website as well as any activity that occur under your username/password. You agree not to misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this website. If you disclose your user identification or password to any other person or become aware of any unauthorized access, you are responsible to advise The Patient Factor immediately. You are responsible for and hereby release The Patient Factor from, and indemnify The Patient Factor against, all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by the person to whom you disclosed them or by any other person.
8. Links to Other Sites.
The linked sites are not under the control of The Patient Factor and The Patient Factor is not responsible for the content of any linked site or any link contained in a linked site. You acknowledge that your use of third party websites (and your dealings with the third parties who own such websites) shall be conducted solely at your risk. The Patient Factor reserves the right to terminate any link at any time. The Patient Factor may provide links from this website to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. The Patient Factor encourages you to exercise discretion when using the hypertext links on this website. Any hypertext link may ultimately direct the user to websites containing content that some people may find offensive or inappropriate or that violates laws in force in your jurisdiction. The suitability of information accessed by hypertext link from this website is the sole responsibility of the person(s) that maintain that information or third party website. If you have questions about the content of a particular third party website, or information related to it, contact the person or webmaster responsible for that website. THE PATIENT FACTOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE. It is solely your responsibility to take precautions to ensure that whatever you access or download from the World Wide Web is free of such items such a viruses, worms, Trojan horses and other items of a destructive nature.
You agree to indemnify, defend and hold The Patient Factor, and its representatives, harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable solicitor’s fees and costs) arising out of, based on or in connection with your access and/or use of this website and the Materials.
11. Limitation of Liability.
IN NO EVENT SHALL THE PATIENT FACTOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, COST OF REPLACEMENT GOODS, LOSS OF OR DAMAGE TO DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR ACCESS TO THIS WEBSITE, THE MATERIALS OR ANY LINKED WEBSITE, YOUR INABILITY TO USE THIS WEBSITE, THE MATERIALS OR ANY LINKED WEBSITE, OR YOUR RELIANCE ON THE MATERIALS (INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY COMPUTER, SOFTWARE APPLICATION OR DATA BY ANY VIRUS THAT MIGHT BE TRANSMITTED OR ACTIVATED VIA THIS WEBSITE OR ACCESS TO THIS WEBSITE, ANY BREACH OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, AND CONTRAVENTION OF ANY LOCAL, NATIONAL OR INTERNATIONAL RESTRICTION ON THE PUBLICATION OR TRANSMISSION OF INFORMATION), WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, STATUTE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF PATIENT FACTOR, OR ITS AGENTS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) General Disclaimer.
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Patient Factor assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials. The Materials are for informational and educational purposes and are not a substitute for professional legal or medical advice. You should not assume that the Materials are continuously updated or otherwise contain current information. The Patient Factor is not responsible for supplying content or materials that has expired or has been removed from the website. THE PATIENT FACTOR DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR YOUR USE OF OR ACCESS TO THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PATIENT FACTOR DISCLAIMS MAKING ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER IN RESPECT OF THE MATERIALS OR THIS WEBSITE IN GENERAL. THE PATIENT FACTOR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE ARISING BY LAW, UNDER STATUTE, IN TRADE, BY COURSE OF DEALING OR OTHERWISE. Without limiting the foregoing, The Patient Factor does not represent or warrant that:
(a) access to this website will be secure, timely, error- or virus-free, continuous or uninterrupted;
(b) communications to or from this website will be secure or free from interception;
(c) this website and the Materials will be accurate, complete or current; or
(d) errors, defects and inaccuracies in this website or the Materials will be corrected.
(b) Email Disclaimer.
Please be cautious when you communicate via the Internet or via email. Messages sent to The Patient Factor by email transmission may not be secure. The Patient Factor does not wish to receive information of a legal, confidential or proprietary nature from you via email or through this website. The Patient Factor strongly recommends that you do not send confidential or sensitive information to The Patient Factor by email or via this website unless you take appropriate precautions including the use of password protection and encryption. Any communication with The Patient Factor by email or through this website will be deemed not to be confidential. By sending The Patient Factor information or material, you grant The Patient Factor an unconditional, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute that information or materials and you acknowledge that The Patient Factor may use any ideas, concepts or techniques that you send to The Patient Factor for any purpose, without compensation to you.
13. Right to Suspend.
The Patient Factor, in its sole and absolute discretion, may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or other Material. The Patient Factor may also impose limits on certain features and services, or restrict your access to parts or all of this website, without notice or liability to you.
14. Applicable Laws.
All matters relating to your access and use of this website shall be governed by the laws of the province of Saskatchewan, and the federal laws of Canada applicable therein, without regard to conflict of law rules. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this website shall be in the Court of Queen’s Bench for Saskatchewan, at the Judicial Centre of Saskatoon, Saskatchewan, Canada. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Saskatchewan.
15. Limitation of Actions.
Proceedings with respect to any cause of action you may have with respect to your use of and access to this website or the Materials must be commenced in the Court of Queen’s Bench for Saskatchewan, in the Judicial Centre of Saskatoon, Saskatchewan, Canada, and within six (6) months after the claim or cause of action arises.
16. No Assignment.
19. Entire Agreement.
The provisions herein contained constitute the entire agreement between you and The Patient Factor, and supersede all previous communications, representations, and agreements, whether oral, written or electronic, between you and The Patient Factor, with respect to the subject matter hereof; there being no representation, warranties, terms, conditions, undertakings, or collateral agreements (express, implied, or statutory), between the parties other than as expressly set forth in this agreement; PROVIDED THAT the absence from any other agreement of a term included in this agreement shall not be deemed an inconsistency.
22. Other Jurisdictions.
23. No Advice.
The information contained on The Patient Factor website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The foregoing terms and conditions were last amended on 30 June 2009.
Copyright © 2009 Chapman Communications. All rights reserved.