Terms of Use
Terms and Conditions of Use
The information and services available through this website are subject to the following terms and conditions (“Terms of Use”). North Simcoe Muskoka Specialized Geriatric Services, (“NSM SGS”) on behalf of its funding partners, may revise these Terms of Use from time to time and without prior notice. NSM SGS recommends that you review these Terms of Use each time that you access this website.
1. Definitions
In these Terms of Use:
“Service Provider” means any organization that offers to provide products or services to members of the public and who is listed or to be listed on this website;
“User” means anyone accessing and using this website.
2. Ownership, Access and Use
All content featured or displayed on this website including, without limitation, information, text, photographs, graphics, logos, software and other material is owned by or licensed to NSM SGS, its members or suppliers or other third parties, and is protected by Canadian and international copyright, trade-mark and other proprietary rights laws. The User shall not, directly or indirectly, copy, reproduce, duplicate, republish, re-disseminate, upload to a third party, post, distribute, transmit, translate, modify, adapt, alter, reverse engineer, decompile, disassemble or create any derivative work of the content of this website, in any manner or form whatsoever, except as may be expressly permitted in this website, or as expressly authorized in writing by NSM SGS. NSM SGS hereby grants to the User a limited, personal, non-transferable and non-exclusive license to access, view, or print a reasonable number of search results for the User’s own personal, non-commercial use, provided that the information is not modified and all copyright, trademark and other notices contained in this website are maintained. NSM SGS reserves the right to modify or discontinue the whole or any part of this website at any time and without prior notice.
3. Prohibited Uses
The User shall not post or transmit on or through this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, the User shall not post or transmit on or through the website any information which:
(a) Infringes the rights of others or violates their privacy or publicity rights, or
(b) Is protected by copyright, trademark or other proprietary right, unless with the express written consent of the owner of such right.
Furthermore, the User shall not, nor shall the User allow any other person to, directly or indirectly:
(a) Use this website in any manner that could damage, disable, overburden or impair it, (b) Use this website or its content for commercial or philanthropic prospection purposes (including by use of unsolicited commercial e-mail or SPAM),
(c) Interfere with the security of, or otherwise abuse, this website or any services, system, resources, accounts, servers or networks connected to or accessible through this website or affiliated or linked websites,
(d) Disrupt or interfere with any other person’s use or enjoyment of this website or affiliated or linked websites,
(e) Upload, post or otherwise transmit on this website any items, including without limitation, computer viruses or other harmful, disruptive or destructive computer programs, files or other components, or
(f) Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise collect or extract information from this website or the content, in whole or in part, and without limiting the generality of the foregoing, the User shall not collect or harvest any personally identifiable information, including account names, from this website.
4. No Endorsement
Inclusion of a Service Provider and information about its programs, products or services on this website does not imply endorsement by NSM SGS, its members or sponsors nor does exclusion indicate lack of endorsement. NSM SGS, its members and sponsors do not monitor, investigate or verify as to fitness or otherwise, any Service Provider listed on this website or any information about its programs, products or services. NSM SGS, its members and sponsors do not recommend or endorse any Service Provider, and are not responsible for the accuracy or reliability of any information, representation or warranty made by any Service Provider or other party. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information or other content available on or through this website and to confirm this with any Service Provider that the User may select from this site.
5. Linked Internet Sites
Links to other websites are provided to help users locate other Internet resources that may be of interest. Neither NSM SGS nor any of its members or sponsors assume any responsibility or liability whatsoever for the content or use of any third-party website, and the User accesses such websites entirely at the User’s own risk. It shall be the User’s responsibility to review any terms of use or privacy policies relevant to such websites. Neither NSM SGS nor any of its members or sponsors makes any representation or warranty of any kind regarding any third-party website including, without limitation, any representation or warranty:
(a) Regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites,
(b) Regarding the merchantability and fitness for a particular purpose of any material (including, without limitation, software), services or other content located or discovered at or made available through such third-party websites, or
(c) That the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from computer viruses or any other harmful, disruptive or destructive computer programs, files or other components or that such third-party websites will be otherwise secure.
In providing links to other websites, NSM SGS is not acting as a publisher or disseminator of the material contained on such other websites and does not seek to control the content of, or maintain any type of editorial control over, such websites. A link to another website should not be construed to mean that NSM SGS is associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other websites. In addition, the mention of another party or its products or services on this website, or a link to such other website, shall not imply, be construed as, or constitute, an approval, endorsement, investigation or verification by NSM SGS, its members, suppliers or sponsors of that party, the destination website or such website’s sponsors, or the information, products or services presented on that site.
6. Disclaimer
All material, information and other content on this website is provided to users on an "as is" and "as available" basis, and NSM SGS, its members and sponsors, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express or implied, statutory or otherwise, including, without limitation, any and all implied warranties and conditions of title, non-infringement, merchantable quality and fitness for any particular purpose, and any representations, warranties or conditions arising from course of dealings or usage of trade, with respect to this website or the content contained in or accessed through it. Without in any way limiting the generality of the foregoing, neither NSM SGS nor any of its members or sponsors, nor any of their respective directors, officers, employees, consultants or agents makes any representations or warranties that:
(a) The information or other content contained in or accessed through this website will be up-to-date or free from any errors, inaccuracies or omissions,
(b) This website will be free from computer viruses or any other harmful, disruptive or destructive computer programs, files or other components,
(c) communications or transmissions to or from this website will not be delayed, interrupted, fail or otherwise subject to other error, defect or deficiency, or will not be intercepted or otherwise subject to unauthorized access or use,
(d) Defects or errors in this website or its content, whether human or electronic, will be corrected,
(e) Products or services obtained from a service provider will result in any advantage or benefit or will not result in any loss or damage.
The User agrees that all information and other content posted on or transmitted through this website is the sole responsibility of the person from whom such content originated and that neither NSM SGS nor any of its members or sponsors shall be liable for any errors or omissions in any content. The User agrees that neither NSM SGS nor any of its members or sponsors warrant, endorse, guarantee or assume responsibility for any product or service offered by a third party through this website or any hyperlinked website, and neither NSM SGS nor any of its members or sponsors will be a party to or in any way responsible for monitoring any transaction or other arrangement between a user and third-party providers of products or services. Use of this website and the content available on this website is at the sole risk of the User, and NSM SGS, its members or sponsors hereby specifically disclaim, and each user of this website hereby releases NSM SGS, its members and sponsors from, all liability for any loss or damage resulting from the use of or reliance on this website or its content.
7. Limitation of Liability
In no event shall NSM SGS or any of its members or sponsors, or any of their respective directors, officers, employees, consultants or agents, be liable for any direct, indirect, consequential, special or other damages whatsoever arising out of or in any way connected with:
(a) Any access to or use of this website,
(b) Any delay, interruption or cessation of transmission of information to or from this website,
(c) Any personal injury, death or property damage resulting from the uUer’s access to or use of, or inability to access or use, this website,
(d) Any errors, inaccuracies or omissions in the information or other content of this website,
(e) Any unauthorized access to or use of NSM SGS’s servers and/or any information stored therein, and
(f) Any computer viruses or other harmful, disruptive or destructive computer programs, files or components which may be transmitted to or through this website or that may be found at this website.
These limitations apply regardless of the cause of action or circumstance including, without limitation, negligence or other tort, and whether or not there shall have been a fundamental breach or a breach of a fundamental provision of these terms of use. These limitations shall apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages.
8. Indemnity
The User irrevocably and unconditionally agrees at all times, to hold harmless, defend, and indemnify NSM SGS and its members and sponsors, and each of their respective directors, officers, employees, consultants, agents, successors and assigns, from and against all liabilities, claims, demands, actions, losses, costs, expenses (including legal fees) and all other liabilities of any nature whatsoever, whether foreseen or unforeseen, that are based upon, or that arise from, or that are in any way connected with:
(a) Any breach of these Terms of Use by the User,
(b) Any use of or access to this website by the User, and
(c) Any infringement or violation by the User of the intellectual property rights, or any other rights, of any person, including without limitation, any copyright or privacy right of any person.
This defense and indemnification obligation shall survive these Terms of Use and the User’s use of this website.
9. General
The User expressly agrees that this website shall be deemed solely based in Ontario, Canada. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws principles. The User expressly agrees that all claims, actions, disputes or controversies relating in whole or in part to this website shall be decided exclusively by a court of competent jurisdiction located in the Province of Ontario. These Terms of Use, together with the Privacy Policy and any other legal notices published by NSM SGS on this website, shall constitute the entire agreement between the User and NSM SGS concerning this website. In the event that one or more of the provisions contained in these Terms of Use shall for any reason be held invalid, illegal or unenforceable in any respect, no other provisions contained in these Terms of Use shall be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and no failure or delay by NSM SGS in exercising any right, power or remedy granted under these Terms of Use or now or hereafter existing in equity, at law, by virtue of statute or otherwise, shall affect or operate as a waiver of such right, power or remedy. NSM SGS reserves the right to amend these Terms of Use at any time and from time to time without notice, and it is the responsibility of the User to review these Terms of Use for any changes. These Terms of Use, and any rights or obligations hereunder, may not be transferred or assigned by the User in whole or in part, but may be assigned by NSM SGS without restriction. I have read these Terms of Use and I accept and agree to be bound by their provisions.
