Disclaimer and Terms of Use
(hereinafter referred to as “this Disclaimer”)
Please read this Disclaimer carefully and in its entirety before using this Cape Breton District Health Authority (the “District”) web site (“this Site”).
1. GENERAL TERMS AND CONDITIONS
By accessing or using this Site, you agree to be bound by all of the terms and conditions of this Disclaimer.
This Disclaimer is intended to be fully effective and binding upon the District and you.
The District may modify this Disclaimer at any time, and you agree that such modifications will be effective immediately upon posting of the modified disclaimer on this Site. You agree to review the Disclaimer posted on this Site each time you use this Site so that you are aware of any modifications made to this Disclaimer. By accessing or using this Site, you agree to be bound by all of the terms and conditions of this Disclaimer, as posted on this Site at the time of your access or use.
2. DEFINITIONS
In this Disclaimer:
“damages” includes direct, indirect, incidental, special, consequential, exemplary, punitive damages, damages for loss of profits, goodwill, use of information, business interruption, or other intangible losses, loss of or damages to property and claims of third parties, whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, judgments, and legal costs.
“viruses” includes infections, worms, Trojan horses, code that contains contaminants, and other harmful or destructive components.
3. NO HEALTH CARE OF MEDICAL ADVICE
You understand and agree that all information provided on this Site is intended for general consumer understanding and education only and is not intended to be and IS NOT a substitute for professional medical advice OR treatment by a qualified health care provided.
You acknowledge that you should not rely on any of the information on this Site for diagnosis or treatment. The information on this Site is general in nature and is not specific to you. You acknowledge that you should always seek the advice of a qualified health care professional before you undergo any treatment, or for answers to any questions you may have regarding a medical condition.
You agree that the information on this Site does not constitute the practice or furnishing of medical, nursing or other professional health care advice, diagnosis, consultation, treatment or services in any jurisdiction.
4. RESERVED RIGHTS AND GRANT OF LIMITED LICENSE
The District either owns the intellectual property rights, including copyright, in and to this Site, or has acquired the necessary licenses in the information on the Site, including all text, HTML code, multi-media clips, images, graphics, icons and the selection and arrangement of the contents of this Site (collectively the “Information”)
As a user of this Site you are granted a limited license to display on your computer, print, download and use short extracts of the Information for your own personal, non-commercial or educational purposes only, PROVIDED THAT YOU DO NOT:
(i) modify the Information
(ii) remove any copyright or other proprietary notices from the Information;
(iii) use any of the Information for any public display (commercial or non-commercial);
(iv) include any of the Information, or reference thereto, in or with any information, product or service that you create, distribute or provide;
(v) copy any of the Information onto your own web site or any other web site or server.
Any other use of the Information is prohibited. You may not otherwise reproduce, republish or re-disseminate the Information, in any manner or form, without the prior written consent of the District.
YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR USE OF THE INFORMATION.
The CBHDA will take appropriate legal action to enforce its rights.
5. NO SOLICITATION
No part of this Site should be taken to constitute an offer or solicitation to buy or sell products or services.
Any products or services mentioned on this Site are made available in accordance with local law and only where they may be lawfully offered for sale.
6. NO ENDORSEMENT
This Site may contain links to web sites and servers maintained by third parties (“third party web sites”) over whom the District has no control. These links are provided as references to help you identify and locate other Internet resources that may be of interest. The District does not provide any warranty of the accuracy, appropriateness or source of information found on any of these third party web sites or of the content of any file you might choose to download from third party websites which you access through this Site.
In providing links to third party websites the District is in no way acting as a publisher or disseminator of the material contained on such sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
Any links to third party websites should not be construed to mean that the District is affiliated or 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 links to such third party websites.
The mention on this Site of another party or its product or services should not be construed as an endorsement of that party or its product or services.
We do not make, and expressly disclaim, any warranty or condition, express or implied, statutory or otherwise, as to the material on third party websites that you access through this Site, including, but not limited to, any warranties or condition of merchantability, fitness for a particular purpose or non-infringement.
7. NO ADVICE OR WARRANTIES
The information on this Site (“the Information”), which includes, but is not limited to, newsletters, articles, opinions and views, is provided for educational or informational purposes only. It is not intended to provided medical, legal or professional advice and should not be relied upon in that respect. You should not act or rely on any of the said information without seeking the advice of a professional.
Access to this Site is provided on an “as is” and “as available” basis. The District makes no warranty that the Site will be available, uninterrupted, timely, secure, error-free or free of viruses. You understand and agree that you are solely responsible for implementing sufficient precautions, procedures and checkpoints to protect your own computer equipment from viruses. The District does not assume any responsibility for any loss of data or damages occasioned by viruses.
The District does not make any express or implied warranties, guarantees or representations of any kind (including, without limitation, warranties or guarantees of title or non-infringement) with regard to the quality, accuracy, completeness or timeliness of the Information or of the information on third party websites accessed through this Site. The District assumes no obligation to update the Information or to advise of further developments concerning topics mentioned on this Site.
The District is not responsible for any content or information which you may find objectionable.
8. NO LIABILITY
You expressly understand and agree that in no event shall the District be liable for any monetary damages, including direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, without limitation, fees, fines or penalties; for loss of revenue, loss of profits, goodwill, use of information, business interruption or other intangible losses, loss of or damage to property claims of third parties, or for any other loss or damage, (even if the District has been advised of the possibility of such damages), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, arising out of in connection with:
(i) the use of or the inability to use this Site, or any information;
(ii) any decision made or action taken by you or anyone else in reliance upon any information contained on or accessed through this Site;
(iii) any other matter relating to this Site.
BY USING THIS SITE YOU ASSUME TOTAL RESPONSIBILITY FOR ANY DAMAGES ARISING FROM SUCH USE. YOU AGREE TO INDEMNIFY THE District AGAINST DAMAGES ARISING OUT OF A CLAIM BY A THIRD PARTY RELATING TO YOUR USE OF THIS SITE OR OF ANY BREACH OR VIOLATION BY YOU OF THIS DISCLAIMER.
If you are located in any jurisdiction in the world where the common, statutory, regulatory, or codified law of such jurisdiction would void this Disclaimer in whole or in any essential part (the essential parts being at least, but not only, the jurisdiction and venue provisions, the warranty disclaimers, the disclaimer of liability and the TERMS OF USE), then if you use this Site you do so ENTIRELY AT YOUR OWN RISK.
9. CONFIDENTIALITY WARNING
Be aware that, absent the use of encryption, the Internet is not a secure medium; thus, confidentiality cannot be guaranteed. Internet e-mail is vulnerable to interception and forgery. The District will not be responsible for any damages which you or any third party may sustain as a result of the transmission of confidential information that you make to the District through the Internet, or that you expressly or implicitly authorize the CBHDA to make, or for any errors or changes made to any transmitted information.
10. TRADE MARKS
Certain words, phrases, names, designs or logos used on this Site may constitute trademarks, service marks or trade names of the District or other entities. The display on this Site of any such marks or names does not imply that a license has been granted by the District or other entities.
11. CONFORMANCE WITH LAW
You agree that your use of this Site shall not violate any applicable, local, national or international law, including but not limited to any regulations having the force of law. Be aware that some jurisdictions may have restrictions on the use of the Internet by their residents.
You agree not to impersonate another person in your use of this Site or the sending of any e-mail to an address listed on this Site.
12. APPLICABLE LAW
The laws of the Province of Nova Scotia, and the laws of Canada applicable therein, shall govern as to the interpretation, validity and effect of this Disclaimer, notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Nova Scotia in any action or proceeding instituted under or related to this Disclaimer. You hereby waive any jurisdictional, venue, or inconvenient forum objections.
13. SUBMISSIONS
All information submitted to the District via this Site shall be deemed and remain the property of the District, and the District shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in any information provided to it through this Site or sent through e-mail. The District shall not be subject to any obligations of confidentiality regarding such information submitted to it unless specifically agreed in writing by the District or required by law.
You warrant that any information submitted by you for inclusion at this Site does not infringe on the intellectual property or other rights of any third parties and you grant the District the right to provide access to such submitted information from this Site. You warrant that any software submitted by you to the District shall be free of viruses.
14. THE District’s REMEDIES FOR BREACH
In the event that the District determines, in its sole and absolute discretion, that you have breached any of your obligations under this Disclaimer then, in addition to and not in lieu of any other remedy the District may have, it may:
(i) advise you that you have violated this Disclaimer;
(ii) delete or remove from this Site any communications or content furnished or posted by you;
(iii) block your access to this Site;
(iv) notify and/or cooperate with applicable law enforcement authorities, and provide them with communications or content furnished or posted to this Site by you; and/or
(v) take any other action we deem appropriate.
15. NON-ENFORCEABILITY OF ANY PROVISIONS
If any of the provisions of this Disclaimer are held by a court of competent jurisdiction to be not enforceable, then such provisions shall be limited or severed to the minimum extent necessary so that this Disclaimer shall otherwise remain in full force and effect.
16. COMPLETE AGREEMENT
This Disclaimer constitutes the entire agreement between the District and the Users of this Site, relating to the subject matter hereof, and supersedes and merges herein any prior promises, agreements or understanding between the District and you relating to any of the subject matter of this Disclaimer. This Disclaimer may not be modified, in whole or in part, except as described elsewhere in this Disclaimer. Anything contained on this Site inconsistent with or conflicting with the terms of this Disclaimer is superseded by the terms of this Disclaimer.
17. MORE INFORMATION
Questions concerning the foregoing should be addressed to:
The Cape Breton District Health Authority
1482 George Street
Sydney, Nova Scotia
B1P 1P3
