Tuesday, December 6th, 2016

The Patient Factor Terms of Service

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED ON THIS WEBPAGE.  PLEASE READ THESE TERMS OF USE CAREFULLY.  IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.


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.  
 

 

 

 

1. Introduction and Acceptance of Terms of Use.
The Patient Factor offers you a wide range of content, communication tools, and information about its products and services (“Materials“) via this website. The Materials are offered in good faith and for informational purposes only. By using this website, you accept the terms and conditions of use as stated below (these “Terms of Use“), which The Patient Factor may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that The Patient Factor may, at its sole discretion, terminate your access to this website at any time without notice. These Terms of Use govern your use of this website and its Materials. By accessing or using this website, you acknowledge that you have read these Terms of Use and our Privacy Policy. You agree that each use by you of this website signifies your continuing agreement to be bound by these Terms of Use.  You represent and warrant to The Patient Factor that you have full legal authority to enter the agreement constituted by these Terms of Use on your own behalf and on behalf of any person that you represent.

2. Limited Right to Use.

(a) Ownership.
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.
The Patient Factor hereby grants you a limited, revocable, non-transferable, non-exclusive license to view, print and/or download one copy of the Materials from this website on any single computer solely for your personal, educational, and non-commercial use; provided always that you keep intact all copyright and other proprietary notices. No other use or copying of Materials is permitted. Without limiting the generality of the foregoing, you are expressly prohibited from: (a) making any commercial use of any Materials; (b) including any Materials in or with any product or service that you distribute or provide; (c) copying any Materials onto your or any other website; and (d) storing any Materials for reproduction, redistribution or publication to third parties. Notwithstanding the foregoing, nothing contained in these Terms of Use shall be construed as conferring any right under any copyright of The Patient Factor or any other person who owns copyright in the Materials.

(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.
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to The Patient Factor via this website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding The Patient Factor and our products or services that you communicate to The Patient Factor (“Feedback“) will be deemed, at the time of communication to The Patient Factor, the property of The Patient Factor, and The Patient Factor shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for your communications and their legality.

The Patient Factor website allows users to post information, messages and content, to interact with The Patient Factor and other users and to upload files, documents or other materials (collectively “User Generated Content”). When using any of the features of The Patient Factor website which allow you to post, upload or otherwise submit User Generated Content, it is a condition of your use of The Patient Factor website that you do not: (i) restrict or inhibit any other user from using and enjoying The Patient Factor website, interfere or attempt to interfere with the proper workings of the website or do anything which in the sole discretion of The Patient Factor imposes an unreasonable or disproportionately large load on The Patient Factor website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any User Generated Content 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, or otherwise violate the prohibited uses contained in the Terms of Use; (iii) post, submit, or transmit any User Generated Content, 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; (iv) post or transmit any User Generated Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any User Generated Content which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any User Generated Content which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use The Patient Factor website for commercial purposes, including, without limitation, posting, uploading or transmitting any User Generated Content which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

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 may review User Generated Content before it is posted. The Patient Factor may refuse to post any User Generated Content to The Patient Factor website. The Patient Factor reserves the right, in its sole discretion, to edit or remove any User Generated Content, whether or not the User Generated Content is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that The Patient Factor may, in its sole discretion, monitor The Patient Factor website periodically and disclose any information as necessary to satisfy any law or Court request, to operate The Patient Factor website properly or to protect itself or other users of the website. Any such disclosure shall be in accordance with the Privacy Policy.

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.

While The Patient Factor is under no obligation to investigate any complaint regarding any User Generated Content, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, the remedies set out in the prohibited use section of the Terms of Use or removing the offending User Generated Content from the The Patient Factor website.

4. Privacy.
Your use of and access to this website is subject to our Privacy Policy (as may be amended from time to time) and our Privacy Policy is incorporated into and forms a part of these Terms of Use. To review our Privacy Policy please  click here. Your continued use of and access to this website constitutes your acknowledgement that you have read and agreed to the terms and conditions of our Privacy Policy.

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:

  1. Termination of your access to The Patient Factor website or any portion thereof;
  2. Termination of your account, if any, in and to The Patient Factor website or any portion thereof;
  3. Technological blocking of your access to The Patient Factor website or any portion thereof;
  4. Any administrative remedies available under the Laws of Saskatchewan and the Laws of Canada applicable therein;
  5. Any legal remedies available under the Laws of Saskatchewan and the Laws of Canada applicable therein;
  6. Assisting any third party in any form of action that may be taken by that third party based on your prohibited use; or
  7. Any other remedies that The Patient Factor deems to be fit for the violation of the Terms of Use.

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.

7. Monitoring.
Although The Patient Factor is not obligated to do so, it will have the right to review your communications on this website to determine whether you comply with these Terms of Use. The Patient Factor will not have any liability or responsibility for the content of any communications you post to this website, or for your errors or violations of any laws or regulations. The Patient Factor will comply with any court order in disclosing the identity of any person posting communications on this website. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this website, you will also be subject to their privacy policies.

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. 

9. Trade-marks.
The trade-marks, service marks and logos of The Patient Factor and others used in this website (“Trade-marks“) are the property of, or are licensed to, The Patient Factor. You have no right to use any such Trade-marks, and nothing contained in this website or these Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trade-marks without the prior written permission of The Patient Factor or the owner thereof.

10. Indemnity.
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.

12. Disclaimers.

(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.
These Terms of Use, and your rights and obligations under these Terms of Use, may not be transferred or assigned by you without the prior written consent of The Patient Factor, which consent may be arbitrarily withheld by The Patient Factor in its sole and absolute discretion. The Patient Factor may at any time assign the agreement constituted by these Terms of Use, including any of its rights and obligations hereunder, without your prior consent.

17. Amendment.
The Patient Factor may, in its sole and absolute discretion, amend these Terms of Use from time to time, for any reason, without prior notice or liability to you or to any other person; provided, however, that The Patient Factor will ensure that any such amendment will be made available to you on this website. Your use of this website after such amendments are posted signifies your acceptance of those revised terms of these Terms of Use. You are responsible for periodically visiting this webpage to review the terms and conditions of these Terms of Use. You may not change, modify or amend these Terms of Use in any manner. No consent of or waiver by The Patient Factor will be effective unless in writing and signed by an authorized representative of The Patient Factor.

18. Severance. 
If any provision of these Terms of Use is invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such provision shall be severed from these Terms of Use and shall not affect any other provision of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in these Terms of Use. All other provisions of these Terms of Use shall, nevertheless, remain in full force and effect and no provision shall be deemed dependent upon any other provision unless so expressed herein. 

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.

20. Enurement.
The terms and provisions of these Terms of Use enure to the benefit of, and are binding upon, you and your heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon The Patient Factor and its successors and assigns.

21. Termination.
If you breach any provision of these Terms of Use, you may no longer use this website or any Materials. The Patient Factor may, in its sole and absolute discretion for any reason, cancel or terminate your right to use this website or any Material at any time without notice, whereupon you are no longer authorized to use this Website and the Material. In the event of any termination of the agreement constituted by these Terms of Use or your right to use this website and the Materials, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this website and the Materials and The Patient Factor may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time.  All provisions of these Terms of Use that by their nature are intended to continue after the termination of this agreement shall survive and continue after such termination.

22. Other Jurisdictions.
Use of this website is not authorized in any jurisdiction that does not give full effect to all of these Terms of Use.

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. 

24. General.
If you have any questions regarding these Terms of Use, please contact The Patient Factor. For other general questions, please refer to our Contact page.

The foregoing terms and conditions were last amended on 30 June 2009.
Copyright © 2009 Chapman Communications. All rights reserved. 







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