Terms and Conditions

Terms and Conditions of Use

The Ontario Telemedicine Network (“OTN”), a not-for-profit corporation, provides the information on this web site (the “Website”) and on its social media sites, solely for informational purposes.

Your use of the Website and OTN’s social media sites is conditional on your acceptance of these Terms and Conditions of Use (the “Terms and Conditions”). By visiting or using this Website, or OTN’s social media sites, including without limitation accessing, using, and/or downloading messages, information, data, text, software, images, or other content from this Website or OTN’s social media sites (collectively, the “Content”), or by sending, posting or providing messages, information, data, text, software, images, or other content to the Website or an OTN social media site, 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 or one of OTN’s social media sites. If you do not agree to abide by the Terms and Conditions, you must immediately discontinue all use.

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, and OTN’s social media sites, immediately. Your continued use 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 or OTN’s social media site, including but not limited to (i) changing the availability of, restricting access to, or imposing limits on any or all features or links, or (ii) removing, adding, modifying or otherwise changing any Content. OTN reserves the right, in its sole discretion, to correct any errors or omissions at any time without notice, but confirms that it has no duty to do so.

Limited Copyright License

Subject to the limitations below, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license within Canada to (i) display on your computer, download, print, save and/or reproduce Content for informational purposes only and solely for your own personal or internal company use; and (ii) reproduce and/or distribute Content for the informational use and benefit of your company’s employees and/or contractors, provided that each recipient receives a copy of these Terms and Conditions and is informed that their use is subject to these Terms and Conditions. You must include the copyright notice “Copyright © 2014 Ontario Telemedicine Network. All rights reserved”, as well as all copyright, trade-mark, service mark and other proprietary notices contained in the Content with any display or copy of the Content.

You may not:

• modify any Content;
• reproduce, display, publicly perform, distribute, or otherwise use any Content in any way for any public or commercial purpose, or for profit;
• include any Content in or with any product that you create or distribute;
• copy any Content onto your own or any other website;
• suggest, directly or indirectly, that OTN has approved, authorized or endorsed you, your company or your activities;
• use this Website or an OTN social media site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse those sites, or any services, system resources, accounts, servers, networks or affiliated or linked sites, connected to or accessible through them (including without limitation uploading, posting or otherwise transmitting to this Website or an OTN social media site any 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 the site’s infrastructure);
• use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website, an OTN social media site, or the Content, in whole or in part.

No Content that is attributed to a copyright owner other than OTN may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright owner. No information or content that is found on third party websites or other third party sources that are accessible from the OTN Website or from an OTN social media site via a hyperlink or other linking practice may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright author or owner. Any other use of Content featured on this Website and OTN’s social media sites is expressly prohibited without OTN’s prior, written permission. For greater certainty, the Content featured on this Website and OTN’s social media sites may not be used for profit or for a commercial purpose without OTN’s prior, written permission. To obtain permission, please contact:

Colleen McDuffe Executive Lead, Marketing and Experience Design
1-866-454-6861 x 4180
or email information@otn.ca
Fax 416-446-4139
438 University Avenue, Suite 200
Toronto, M5G 2K8

You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website or OTN’s social media sites, or in respect of the Content, and that you will comply with all laws that apply or may apply to such actions, communications or use. 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 copyright laws and treaty provisions in Canada and elsewhere. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of copyright laws in one or more countries and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Website and OTN’s social media sites, and you agree to prevent any unauthorized copying of the Content.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Website and OTN’s social medial sites constitute trade-marks, trade names, domain names, trade dress or other intellectual property of OTN that is protected in Canada and elsewhere. The limited copyright license above does not apply to these other intellectual property rights, and any use of same, in whole or in part, is strictly prohibited without OTN’s prior, written authorization.

Other trade-marks, trade names, trade dress and associated products and services mentioned on this Website or on OTN’s social media sites may be the trade-marks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services does not convey or create any license or other rights in these trade-marks or trade names. Any unauthorized use of them is strictly prohibited.

DISCLAIMERS

Informational Purposes Only
Content is provided solely for informational purposes. It has been prepared specifically for OTN and not for any commercial enterprise.
THIS WEBSITE AND OTN’S SOCIAL MEDIA SITES DO NOT PROVIDE MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON IN THAT REGARD. You should not act or rely on any 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 and OTN’s social media sites (including Content) is solely at your own risk.

Use Outside Ontario

This Website, OTN’s social media sites and the Content are intended for Ontario residents only. OTN makes no representation or warranty that the information is appropriate or available for use at any locations outside Ontario. Accessing this Website or OTN’s social media sites from locations where the information is illegal is prohibited. Those who choose to access this Website or OTN’s social media sites from other locations do so on their own initiative and are responsible for compliance with local laws.

Website and Social Media Comments

We encourage you to share your comments on OTN’s various blogs and forums, and hope you will join the discussions, but you are responsible for any comments or other content that you post. Please remember that when you post a comment to any website or social media forum, including ours, it is available for all to see. For your own privacy and that of your patients/clients you should never publish or post identifying, detailed or case-specific medical information linked to your patients/clients or your employer on the Internet. Your professional and legal obligations to protect privacy extend to the use of websites, social media sites, or any other public forum. Know and adhere to your employer’s privacy and social media policies. You are also responsible for ensuring that any comment or other content that you post (i) is not defamatory, discriminatory or threatening; (ii) does not violate any laws; (iii) does not contravene the intellectual property rights of others; (iv) conforms with these and any other applicable terms and conditions, including those governing the use of the social media site. OTN reserves the right to delete inappropriate comments or content.

The Website commenting function is provided by DISQUS, a US-based company, and moderated by OTN staff. OTN hopes to create meaningful conversations about the transformation of health care through technology. We encourage respectful comments that contribute to this goal. Commentary that OTN deems offensive, off-topic, inflammatory, or otherwise inappropriate will be removed by staff. Commentary does not represent the views of OTN. By using DISQUS to leave commentary you agree to their Terms of Service and Privacy Policy. For the purposes of moderation, all comments left via DISQUS will be visible to a limited number of OTN staff and will contain your user name, email address, and IP address. User data submitted via DISQUS will be retained indefinitely by DISQUS unless otherwise indicated in their Terms of Service or Privacy Policy.

By posting comments or other content on the Website or OTN’s social media sites, you grant OTN a worldwide, non-exclusive, assignable, sub-licensable and royalty-free right and license to do such things that you, as owner of copyright, have the right to do. You also waive all moral rights in such content, in favour of OTN, its licensees and assigns.

By posting comments or other content on the Website or OTN’s social media sites, you grant to users of such sites the right and license to use the comments or content in accordance with these Terms and Conditions.

OTN reserves the right to respond to complaints about posted content, including by removing all or part of the content, but OTN is not responsible for monitoring the Website or OTN’s social media sites to ensure that user comments and content comply with laws (including intellectual property laws) or with contractual terms or conditions, and OTN is not required to take steps to enforce, protect, or assist you to enforce or protect your legal or contractual rights.

Opinions Expressed

Information provided on this Website and OTN’s social media sites represents the views of OTN, with the following exceptions: opinions expressed by Guest Bloggers and users who post comments to the Website or an OTN social media site, do not represent the views of OTN.

Accuracy & Currency

OTN makes reasonable efforts to ensure the information available on this Website and OTN’s social media sites is accurate at the time it is 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 that information.

No Warranties

THIS WEBSITE AND OTN’S SOCIAL MEDIA SITES (INCLUDING WITHOUT LIMITATION THE CONTENT) ARE PROVIDED ON AN “AS IS” BASIS, AND ANY USE OF SAME, OR RELIANCE ON THE CONTENT, 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 WEBSITE OR OTN SOCIAL MEDIA SITES 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 OR OTN’S SOCIAL MEDIA SITES 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, OTN’S SOCIAL MEDIA SITES, CONTENT, THE 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 THEIR 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, OTN’s social media sites or by e-mail or other correspondence.

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. This policy also applies to links shared via our social media sites.
You shall not link to OTN’s Website without OTN’s prior, written permission.

Governing Law

This Website and OTN’s social media sites are controlled, operated and administered by OTN from its offices within the Province of Ontario, Canada. By accessing this Website or OTN’s social medial sites, you agree that all matters relating to the access to, or use of, same 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 or OTN’s social media sites shall be submitted to and be subject to the jurisdiction of the Courts of the Province of Ontario. By using this Website or OTN’s social media sites, 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 same.

General

The Terms and Conditions, as revised and updated from time to time, 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 Website, OTN’s social media sites and the Content automatically terminates and you must immediately destroy any copies you have made.

Contact Information

If you have any questions, please contact information@otn.ca