HEART AND STROKE FOUNDATION OF CANADA
WEB SITE USE AGREEMENT
Please read this Agreement carefully before using this website www.heartandstroke.com/.ca or any other websites operated by the Heart and Stroke Foundation of Canada and any Heart and Stroke Foundation of Canada provincial micro-sites, including any tools, apps, forums, event and course registration pages, contest entries, payment of annual certification fees and certification cards, lottery ticket purchases and/or donations (the “Web Sites” and “Web Site” means any one of them). It is an agreement between users of the Web Sites (“Users”) and the Heart and Stroke Foundation of Canada, its affiliates and Heart and Stroke Foundation of New Brunswick (collectively the “HSF”) and governs the access to and the use of the Web Sites. It contains liability exclusions and limitations and other important provisions. If you access this website without reading this agreement, you are still agreeing to be bound by the terms of the Agreement.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This Web Site Use Agreement (referred to below as the “Agreement”) governs the access to and the use of the Web Sites and constitutes an agreement between HSF (referred to below as “HSF”, “we”, “us” or “our”) and users of the Web Sites, such as you. Each time you use the Web Sites, you signify your acceptance and agreement, and the acceptance and agreement of any party you purport to represent, without limitation or qualification, to be bound by this Agreement as it may be amended from time to time. By using the Web Sites you also represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any party you purport to represent. If you do not agree with all of the terms and conditions of this Agreement, or you are not authorized to agree to and accept the Agreement, you may not use the Web Sites.
2. CHANGES TO THIS AGREEMENT
HSF may amend this Agreement at any time and from time to time without notice to you by updating this posting. By continuing to use the Web Sites or any portion thereof after the amendment is posted, you will signify your acceptance and agreement, without limitation or qualification, to be bound by the Agreement as amended. You should therefore review this Agreement periodically for changes.
3. OWNERSHIP, PERMITTED USE OF THE WEB SITES AND THEIR CONTENT
(a) Intellectual Property Rights
Subject to section 3(b) below, all HSF Content (as defined below) contained on the Web Sites is the property of the Heart and Stroke Foundation of Canada, its content suppliers or its licensors as the case may be, and is protected by Canadian and international copyright, trademark, and other applicable laws. For the purposes of this Agreement, “HSF Content” includes any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Web Sites, other than User Content (as defined below), as well as the manner in which the Content is presented or appears and all information relating thereto. “Content” means HSF Content together with User Content.
Except for the rights you may have in User Content posted by you on the Web Sites, you do not acquire ownership right or any implied right to any Content obtained, accessed or viewed through the Web Sites, and the posting of information or materials on the Web Sites does not constitute a waiver of any rights in such information, materials and/or Content.
(b) Your Intellectual Property Rights
HSF claims no ownership or control over any content including any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names submitted, posted or displayed by you on or through the Web Sites (the “User Content”). You or a third party licensor, as the case may be, retain all rights to any User Content you submit, post or display on or through the Web Sites and you are responsible for protecting those rights.
4. PERMITTED USES
HSF hereby grants you a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Content located on the Web Sites for personal, non-commercial and not-for-profit use only. The Web Sites are made available to you for your lawful, personal use only.
You may print pages from the Web Sites for your personal, non-commercial use only, provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Other than as specifically described herein, the Web Sites and its Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express prior written consent of HSF (or, in the case of User Content, the owner of the rights to the User Content).
You agree that you are solely responsible for actions and communications, including User Content, undertaken or transmitted in the course of your usage of the Web Sites and that you will comply with all laws that apply or may apply to your access and use of the Web Sites and their Content.
5. PROHIBITED USES
You may not, and may not allow others to, directly or indirectly: (i) use the Web Sites and/or the Content for any purpose not expressly permitted by this Agreement; (ii) remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; (iii) sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform or distribute or otherwise use any Content for any public, commercial or non-personal purpose, including, without limitation, use of the Content on any other website; (iv) use the Web Sites in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the Web Sites or any part thereof, or any services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through the Web Sites; (v) disrupt or interfere with any other person’s use or enjoyment of the Web Sites or any affiliated or linked sites, or any services thereof; (vi) use any software which is used in the operation of the Web Sites or any part thereof, except while you are browsing the Web Sites or performing other activities provided through the Web Sites, as permitted; (vii) copy any of the software used at Web Sites unless expressly permitted to do so by HSF; (viii) copy or imitate, in whole or in part, the design of the Web Sites or any part thereof; (ix) associate in any way or post any User Content associating in any way HSF with any tobacco-related product, trade-mark, name or company or any product, trade-mark, name or company that may harm the reputation of HSF any HSF program or that is contrary to any HSF policies or guidelines.
6. USER CONTENT
The Web Sites provide or may provide features that allow you to post User Content, to interact with other users through forums, board services, blogs, collaborative work spaces, chat areas, and news groups (the “HSF Forums”) and to upload files, documents or other materials. When using any features of the Web Sites, it is a condition of your use of the Web Sites and any of their features that you agree:
(i) To use the Web Sites and any HSF forums in compliance with all applicable laws;
(ii) To only post User Content that contains accurate information regarding the poster of the User Content and that any User Content you post does not misrepresent the origin of the User Content, impersonate any person or falsely state or otherwise misrepresent an affiliation with another person;
(iii) To not post or transmit any unlawful, threatening, abusive, libellous, defamatory, discriminatory, hateful, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any submission 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;
(iv) To not post or transmit any User Content 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;
(v) To not post or transmit any User Content which associates or tends to associate HSF with tobacco related products, trade-marks, names or companies, or any product, trade-mark, name or company that may harm the reputation of HSF, or any HSF programs, or that is or may be contrary to any HSF policy or guidelines;
(vi) To not delete or revise any User Content posted by any other person or entity;
(vii) To not post or submit any User Content which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(viii) To not post or transmit any User Content which contains a virus or other harmful component, or provides or creates computer viruses;
(ix) To not post or transmit junk mail, chain letters, unsolicited mass mailing or spam; and
(x) To not use the Web Sites or the HSF forums for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising.
Although HSF may from time to time monitor or review User Content as stated above, HSF does not have any obligation to do so, and disclaims any responsibility or liability for any User Content posted. User Content represents the views and opinions of the person(s) posting the User Content and does not represent the views or opinions of HSF or its directors or officers. HSF does not assume any liability, and specifically disclaims any liability, to you or any other person arising from HSF’s decision to monitor or not to monitor the User Content consistently or at all. You remain solely responsible for the content and use of your User Content.
7. TRADEMARK INFORMATION
HEARTANDSTROKE.CA, HEARTANDSTROKE.COM, HEART AND STROKE FOUNDATION, HEALTH CHECK, HEART AND STROKE FOUNDATION THE HEART TRUTH & Design and other marks and logos appearing on the Web Sites are registered and unregistered trade-marks or trade names of HSF. Other product and company names and logos appearing on the Web Sites may be registered or unregistered trade-names or trade marks of their respective owners. Any use of the trademarks, trade names and logos (collectively the “Marks”) displayed on the Web Sites, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Sites or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use, display or copy, in any manner, any Mark displayed on the Web Sites.
The Web Sites and the HSF Content are for informational, reference and educational purposes only. HSF assumes no responsibility or liability arising from any error in, or omission of, information, or from the use of any information or advice contained in any of the Web Sites.
It is not HSF’s intention to provide specific medical advice to users of the Web Sites, but rather to provide users with information to help them better understand their health, diagnosed conditions, and the current range of approaches related to cardiovascular treatment, prevention, screening, and supportive care. Information contained in the Web Sites is not intended to be considered or relied upon as medical advice or a substitute for medical advice, a medical diagnosis or treatment from a physician or qualified healthcare professional. HSF urges users to consult with a qualified physician for diagnosis and for answers to their personal medical questions. You are responsible for obtaining appropriate medical advice from a physician or other qualified healthcare professional prior to acting upon any information available at or through any of the Web Sites.
HSF does not endorse or recommend any commercial products, processes, or services. For greater clarity, the mentioning of commercial products, processes, or services on any Web Site, or the acceptance by HSF of financial support from organizations dealing in commercial products, processes or services mentioned on any Web Site, or in any HSF printed materials, does not constitute an endorsement of nor can it be construed as an endorsement or recommendation of such commercial products, processes or services of any organization.
Certain areas of the Web Sites may allow You to register for certain events or courses sponsored and/or organized by HSF (collectively the “Event(s)”). All Event participants are required to agree to a separate Release and Waiver of Liability Agreement relating inter alia to the nature of the Event and any risks associated with participation in or attendance at the Events, your assumption of all responsibility for any losses, costs or damages of whatever nature suffered as a result of your participation in or attendance at an Event, and the Release of HSF, any organization associated with an Event or other participants, sponsors or advertisers of the Event, or others from all liability relating to or in any way associated with the Event, and/or your participation in or attendance at the Event. Certain Events may also require that you provide information that may be considered personal information, such as your name and email address, address or telephone number. You agree that this personal information may be shared by HSF with instructors, Event administrators or Event planners to allow your participation in the Event. If you do not agree with the terms and conditions of the Release and Waiver of Liability Agreement, or you are not authorized to agree to and accept the Release and Waiver of Liability Agreement, you may not participate in or attend at the Event.
Click here to view the terms and conditions of the Release and Waiver of Liability Agreement.
10. RESTRICTED AREAS
Certain areas of the Web Sites may be accessed only by use of a unique user identification and password. If you are provided with or submit a password, you are responsible for ensuring that your user identification and password are not disclosed to or used by any other person. HSF is under no obligation to verify the actual identity or authority of any person using the unique user identification and password to access and/or use the Web Sites or any part thereof. You are fully responsible for all activities that occur under your user identification or password, and release HSF from and indemnify HSF against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by any other person. You must immediately notify HSF at http://www.heartandstroke.com/site/c.ikIQLcMWJtE/b.3734867/k.AA40/Privacy_Contacts.htm if you know or suspect any unauthorized use of your user identification or password.
For the purposes of accessing any activity, feature or portion of the Web Sites requiring the use of a user identification and/or password, the user identification and password remain the property of HSF and HSF may deny access to or use of the Web Sites or any parts thereof, or may cancel or suspend the user identification and password at any time in HSF’s sole discretion, without any notice or liability to you or any other person.
12. OTHER SITES
While the Web Sites may contain links to third party sites (“Linked Sites”), HSF is not responsible for the content of any Linked Sites. HSF provides links to Linked Sites for informational purposes and for the convenience of its Users only. HSF makes no representation or warranty regarding any Linked Sites or their content, and does not endorse any Linked Sites or any views expressed, information contained in, or products or services appearing, available or described thereon. Links to Linked Sites do not imply that HSF sponsors, endorses, is affiliated or associated with, the Linked Sites or their associated companies or products, or is legally authorized to use any content displayed in or accessed through the links to the Linked Sites. HSF does not control or guarantee the currency, accuracy, relevance, timeliness or completeness of information found on Linked Sites. HSF cannot authorize the use of copyrighted materials published on Linked Sites. Users must request such authorization from the sponsors of those Linked Sites. HSF is not responsible for transmissions users may receive from Linked Sites. HSF is not responsible for or liable in any way for commercial transactions which users transact with Linked Sites. When you access such Linked Sites, you are doing so at your own risk and are subject to the terms and conditions of use of the Linked Sites in question.
13. NO WARRANTIES
YOUR USE OF THE WEB SITES OR ANY PART THEREOF IS AT YOUR OWN RISK. THE WEB SITES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO UNINTERRUPTED OR ERROR FREE OPERATION, FREEDOM FROM VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS, AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY HSF, ITS AFFILIATES AND HSF’S LICENSORS, PROVIDERS OR SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT HSF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR ACCESS TO THE WEB SITE.
14. LIABILITY LIMITATIONS
IN NO EVENT WILL HSF, ITS AFFILIATES, THEIR ASSOCIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEB SITES OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ACCESS TO AND USE OF THE WEB SITES OR ANY PART THEREOF, ACCESS TO AND USE OF ANY HSF FORUMS OR TOOLS, OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, USER CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY HSF OR ANY PERSON FOR WHOM HSF IS RESPONSIBLE EVEN IF HSF OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
HSF IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
You agree to indemnify, defend and hold harmless HSF and all of its agents, directors, employees, information providers, licensors and licensees, officers and all other related, associated, or connected individual or corporate parties (collectively, the “Indemnified Parties”) from and against any and all actions, proceedings, costs, claims damages, demands, liabilities and costs, including without limitation reasonable legal fees and expenses, sustained and/or incurred by the Indemnified Parties, directly or indirectly arising out of or connected to your use of the Web Sites or the Content in breach of this Agreement, your violation or infringement of the rights of others, and/or your violation of any applicable laws. You will assist and co-operate as fully as reasonably required by HSF in the defence of any such claim or demand.
16. LINKING AND FRAMING
While the HSF encourages links to the Web Sites, Your site cannot state or imply that HSF endorses a company product or service. Please refer to the HSF Linking Policy and follow the guidelines when setting up a link to an HSF Web Site. HSF reserves the right to summarily cancel and revoke at any time and without notice any permission it may give to link to the Web Sites.
The framing of HSF forums or any of the Content in any form and by any method is strictly prohibited.
17. COMMENTS AND UNSOLICITED IDEAS
HSF welcomes your comments regarding HSF’s existing operations and the Web Sites (“Comments”). Any Comments you may submit to the Web Sites or HSF are subject to the terms referenced below.
By submitting any Comments to HSF or the Web Sites, you automatically grant (or warrant that the owner of the Comments grants) to HSF a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Comments or Submissions or any ideas, concepts, know-how or techniques associated with the Comments for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of HSF, and you warrant and represent that all moral rights in the Comments are waived.
18. JURISDICTIONAL ISSUES
The Web Sites are controlled by HSF from its offices in Ottawa, Ontario, Canada. Access to the Web Sites from locations where the Content is illegal is prohibited. If you are accessing the Web Sites from other locations, you must comply with all laws applicable in your jurisdiction.
19. TERMINATION OF USE OF WEB SITES AND THIS AGREEMENT
If you breach any provision of this Agreement, HSF may prohibit you from accessing or using the Web Sites, any HSF forums, tools, or apps and/or from registering for any HSF Event. HSF may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Web Sites and/or any part thereof, including i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Web Sites; ii) removing, adding, modifying or otherwise changing any Content on the Web Sites. HSF reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Sites at any time without notice, but confirms that it has no obligation to do so.
20. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Web Sites and their Content, and all matters relating thereto are governed by the laws of the Province of Ontario and the federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between HSF and you arising from or relating to the Web Sites or the Content or this Agreement shall be resolved before the Courts of the Province of Ontario sitting in the City of Ottawa, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
21. CONTACT US
If you have any comments or questions about this Agreement or your use of the Web Sites or any part thereof, please contact HSF at email@example.com or via mail at 1402-222 Queen Street, Ottawa, Ontario, K1P 5V9.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and HSF relating to your use of the Web Sites and supersedes all previous agreements, written, oral or otherwise, between you and HSF with respect to your use of the Web Sites and the Content. This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and HSF regarding other matters.
Any rights not expressly granted by this Agreement are reserved by HSF.
Last Updated: March 2013