Terms of Use Agreement
Last Updated: June 16, 2016
HEALTH EVIDENCE™ maintains this website as a service to its customers. By using this website you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree with these terms, you are not permitted to use or visit this website.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the HEALTH EVIDENCE™ website (the "Site"). This Agreement constitutes the entire and only agreement between HEALTH EVIDENCE™ and you the user of the Site ("User") and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to using the Site.
2. Limited Right to Use
Subject to the terms and conditions of the Agreement, HEALTH EVIDENCE™ grants you a limited licence to access and make use of the Site. Such license does not permit you to download the Site (other than page caching) or to modify the Site, or any portion of it, except with the express prior written consent of HEALTH EVIDENCE™. For greater certainty only, you may download files from the Site that the Site explicitly offers for download. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the express prior written consent of HEALTH EVIDENCE™. Any unauthorized use terminates the permission or licence granted by HEALTH EVIDENCE™. The viewing or downloading of any content, form or document from the Site as expressly permitted by HEALTH EVIDENCE™ grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
3. Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are 18 years of age or older. HEALTH EVIDENCE™ and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
4. Changed Terms
HEALTH EVIDENCE™ shall have the right at any time to change or modify the Agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately on notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Site by you after such notice shall mean that you accept such changes, modifications or additions. If you do not agree to any changes or revisions to these conditions of use, you may not use the Site and are to discontinue use of the Site immediately.
5. Trademarks
“HEALTH EVIDENCE™” and the “DIAMOND LOGO” and any other marks on the Site are trademarks or registered trademarks of McMaster University. All rights reserved. All other trademarks not owned by McMaster University appearing on the Site are the property of their respective owners.
6. Copyright
HEALTH EVIDENCE™ owns or licenses the Site content, such as, text, graphics, software, video and audio clips, interfaces, layouts, data, downloads, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site and all such content is protected by Canadian and international copyright laws.
The copying, redistribution, use, publication, or commercial exploitation by a User of any such content or any part of the Site, is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
7. System Integrity and Automated Access
The User may not use any device, software or routine to interfere or attempt to interfere with the working of the Site. The User may not take any action, which imposes an unreasonable or disproportionately large load on the Site infrastructure, as determined by HEALTH EVIDENCE™ in its sole and absolute discretion.
Users shall not employ automated software programs to access the Site, however, with the prior written consent of HEALTH EVIDENCE™ you may use automated software programs to index the contents of the Site, in whole or in part, for inclusion into a search engine/index or other electronic form. HEALTH EVIDENCE™ confirms that the following organizations do not require the prior written consent of HEALTH EVIDENCE™ to index the contents of the Site as specified immediately above: Google, Microsoft/BING, Yahoo, Ask.com, AOL, Search.com, BAIDU, Altavista, and Facebook.
8. Editing, Deleting and Modification
HEALTH EVIDENCE™ reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
9. Electronic Communications
Users consent to communicating with HEALTH EVIDENCE™ by way of the Site. We will communicate with you by positing on the Site. You agree that communication to you by posting on the Site in respect of any agreements, disclosures, notices, and related communications, satisfies any requirement at law that such communications be in writing.
10. Copyright Complaints
HEALTH EVIDENCE™ and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@healthevidence.org.
11. Site Content
HEALTH EVIDENCE™ attempts to be as accurate as possible. However, HEALTH EVIDENCE™ does not warrant that the content of the Site is true, accurate, complete, reliable, current, or error-free.
12. Fees and Payments
HEALTH EVIDENCE™ reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. If at any time HEALTH EVIDENCE™ requires a fee for portions of the Site that are now free, HEALTH EVIDENCE™ will give Users advance notice of such fees and the opportunity to cancel any existing account before such charges are imposed. All new fees, if any, will be clearly posted.
13. Use of Information
HEALTH EVIDENCE™ reserves the right, and User authorizes HEALTH EVIDENCE™, to use and assign all information regarding Site uses by User and all information provided by User in any manner consistent with the HEALTH EVIDENCE™ privacy policy.
14. Links to Other Web Sites
This Site contains links to other websites. We do not own, do not control, and are not responsible for and we take no responsibility for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval, endorsement, support, or promotion of the linked website by us. If you decide to leave our site and access these third party sites, you do so at your own risk. We are not responsible for the legality, relevancy, copyright compliance, or decency of any linked website.
15. Disclaimer of Warranties and Limitation of Liability
(1) THE SITE IS PROVIDED BY HEALTH EVIDENCE™ ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTH EVIDENCE™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
(2) TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, HEALTH EVIDENCE™ DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTH EVIDENCE™ DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM HEALTH EVIDENCE™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALTH EVIDENCE™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
(3) SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
16. Indemnification
User agrees to defend, indemnify and hold harmless HEALTH EVIDENCE™, its affiliates and their respective directors, officers, employees and agents from and against all actions, manner of actions, causes of action, claims, indemnities, suits, liabilities, losses, expenses including without limitation legal and accounting costs and expenses, damages, debts, duties, charges, costs, penalty, interest, tax, accounts, bonds, covenants, claims over, claims for contribution or indemnity, warranties or demands, either at law or in equity, arising out of the use of the Site by you, or the use of your account by you or by any other person, or the breach of the Agreement by you. HEALTH EVIDENCE™ reserves the right to take over the exclusive defence of any claim for which HEALTH EVIDENCE™ is entitled to indemnification under this section. In such event, you shall provide HEALTH EVIDENCE™ with such co-operation as is reasonably requested by HEALTH EVIDENCE™.
17. Applicable Law
By visiting or purchasing goods and services on this Site, you agree that the Agreement, and any other policy shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein excluding any conflict of law rules and choice of law rules in Ontario and Canada. Notwithstanding any other provision expressed or implied in either the Agreement or the schedules, each party hereby attorns exclusively to the jurisdiction of the courts of the Province of Ontario (including the Federal Court of Canada and the Supreme Court of Canada). The parties hereto agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and it is strictly excluded.
18. Privacy
HEALTH EVIDENCE™ does not collect information that personally identifies individuals except when individuals provide such specific information on a voluntary basis. There may be occasions where specific personal information is requested before an individual can enter certain sections of the Site. This information is stored on a server accessible only by authorized web consultants possessing authentication information. In all such cases, HEALTH EVIDENCE™ will collect only information that is voluntarily provided by the user and undertakes that such information will be kept strictly confidential. Individual information provided to HEALTH EVIDENCE™ to gain access to the Site will not be sold or made available to a third party.
In addition to voluntary information provided, HEALTH EVIDENCE™ uses Google Analytics, which is a web analytics tool that reports on how visitors interact with the Site, to collect non-personal information and data. Google Analytics collects information anonymously and reports Site trends without identifying individual visitors. Like many internet services, Google Analytics uses first-party cookies to track visitor interactions. "Cookies" are small text files that identify an individual computer's browser entering a website. Cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Browsers do not share first-party cookies across domains. HEALTH EVIDENCE™ uses cookies only for the above-mentioned purposes and will not use them to identify users or to track non-HEALTH EVIDENCE™ usage.
If the User does not want a cookie placed on their computer by HEALTH EVIDENCE™, the User may disable cookies in their web browser configuration options. Note that it is possible that some aspects of the Site may be unavailable to the User if this option is chosen.
HEALTH EVIDENCE™ reserves the right to perform statistical analyses of user behaviour and characteristics, in order to measure interest in and use of the various sections of its sites so as to improve design and navigation. Only aggregated data from these analyses, not individual data, will be used for this purpose.
19. Termination of License
Upon a User’s breach of this Agreement, as determined in the sole and absolute discretion of HEALTH EVIDENCE™, HEALTH EVIDENCE™ may immediately terminate the license of the User to use and access this Site.
20. Consequences of Termination of License
Upon the termination of the license of a User, in addition to any other remedies and damages which may be available to HEALTH EVIDENCE™ under this Agreement, at law or in equity, the User shall be fined Two Thousand Dollars ($2,000.00) per day for each day that the User, or anyone or anything on behalf of the User, uses or accesses the Site after the termination of the license of the User.
21. Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
22. Our Contact Information
McMaster Innovation Park (MIP)
175 Longwood Road South, Suite 210A
Hamilton, ON L8P 0A1
info@healthevidence.org