TERMS & CONDITIONS

VHA.CA – TERMS & CONDITIONS

1. Terms and Conditions of Use of Site

  • This website (the “Site”) is provided by Sunnybrook Health Sciences Center (being “us”, “our” or “we”) (“Sunnybrook”), conditional on your acceptance, without modification, of the terms and conditions of use set forth below (the “General Terms and Conditions”). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials, including without limitation as found in podcasts, webcasts, audio clips and streams, video clips and streams, newsletters, glossaries, and e-learning modules, and posted Content, from this Site (the “Materials”), or to send messages, information, data, text, software or images, or other materials to the Site (“Content”) (collectively, “Use” of the 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 General Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these General Terms and Conditions, you should not Use this Site.
  • Sunnybrook has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site.  Please check the General Terms and Conditions frequently for updates by checking the date of “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 Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
  • These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with Sunnybrook

2. Modifications to Site

  • VHA may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any section of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the “Services”) or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials or Content on this Site, including without limitation editing or refusing to post any Content, in whole or in part, that in the sole discretion of VHA is objectionable or in violation of the Terms and Conditions. VHA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

3.    Services of Site

The Site provides or will provide:

  • general information about the operations of Sunnybrook;
  • a patient blog which allows existing and past patients of Sunnybrook to post stories regarding their personal experiences with treatment at Sunnybrook, to be shared with friends, family, staff, random visitors and potentially the news media;
  • a physician blog which allows physicians, health care practitioners and researchers to post and comment on articles relating to health care, to be shared with friends, family, staff, random visitors and potentially the news media;
  • podcasts and webcasts;
  • video streams;
  • audio clips;
  • eLearning presentations which may or may not include medical videos and diagrams;
  • downloadable PDF’s of Sunnybrook news releases;
  • eMail Newsletters; and
  • a glossary of Diseases, Treatments & Conditions.
    (in each case, a “Website Service”).

4. Permitted Uses

You agree to only to Use the Site for lawful purposes, and to only to send Content and receive Materials that are proper and related to the particular Website Service, and VHA (subject to the Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right, to so Use the Site solely for your own personal use.

5. Online Store Terms (Publications)

You may not use the publications we sell on the Site for any illegal or unauthorized purpose nor may you, in the use of the Terms and Conditions, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or any code of a destructive nature.

6. Prohibited Uses

You may not, nor may you allow others to, directly or indirectly:

  • remove, from any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of VHA.
  • print or copy any of the HTML or other computer software that is accessible at this Site;
  • Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site.
  • disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation;
  • post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. VHA will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. VHA reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request.

7. Proprietary Rights

This Site, including without limitation all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Any software, as well any files, images generated by such software, code and data accompanying such software (the “Software”), used or accessible through this Site is the copyrighted work of Sunnybrook or its licensors.  Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners.  The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names.  Any unauthorized use of them is strictly prohibited.

Except as expressly provided herein, VHA does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of VHA or of any other contributor of Content to the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. VHA will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. VHA reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request.

8. Links and Disclaimers of Linked Sites

Certain links on this Site may take you to other web sites. VHA provides these links only as a convenience. These linked sites are not necessarily under the control of VHA. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, subject to the terms and conditions and privacy policies of such sites, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

VHA is not responsible for the contents of any such linked pages or any other pages not under its control. VHA makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that VHA sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of VHA.

VHA welcomes links to this Site.  However, you agree that by linking to this Site,  you agree to the link conditions (the “Link Conditions”) described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

  • A link may only be established to the following home page of this Site: http://www.vha.ca.  Links may not be established to any other pages on this Site without the prior written permission of VHA.
  • If you link to this Site, VHA grants you a limited, non-exclusive, non-transferable, royalty-free license to use the VHA trademark and internet icons, if available, (the “Licensed Marks”) solely for the purpose of serving as a link from the applicable web site to this Site.  For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of VHA’s trademarks or service marks for any reason without VHA’s prior written permission.

 

  • The linked website shall not:
    • change in any material way the nature and features of such website from that described to VHA in the written notice provided to VHA prior to the establishment of the link;
    • create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
    • and other materials shall not, imply that VHA is endorsing you or any other person, or your or such other person’s products or services;
    • imply an affiliation between you or any other person, or your or such other person’s products or services, and VHA without the prior written consent of VHA;
    • misrepresent the relationship of you or any other person with VHA or present false, misleading or otherwise damaging information or impressions about VHA or any of its products or services; and
    • contain materials that may be interpreted as distasteful, harmful, offensive, or  inaccurate, and shall be appropriate for all age groups.
  • For greater certainty, VHA shall have no responsibility or liability for any content appearing on the linked web site.
  • VHA may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If VHA exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks;
  • VHA may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.

9. Privacy Policy

Any of your personal information which VHA collects via this Site is subject to the VHA’s Privacy Policy, which is incorporated by reference into the Terms and Conditions.

10. Use of Cookies

  • The Site uses “cookies” to help personalize and maximize your online experience. Cookies, small amounts of data which often include unique, non-personal identifiers, enable the Site to recognize you and to keep track of your preferences. Three types of cookies may be employed during your visit to the Site:
    • “session” cookies, which are not permanently stored on your hard drive and are permanently deleted from your computer after two hours of inactivity or when you end your session, are used solely to help you to navigate around the site;
    • “persistent” cookies, which remain on your computer so that the Site can recognize you when you return; and
    • third party cookies used by our sponsors and advertisers to measure the effectiveness of their advertising.
 
  • The Site uses cookies for the following:
    • When you return to the Site, cookies enable us to retrieve the information you previously provided, so you can easily use the features that you customized. Because of our use of cookies, we can deliver faster and more accurate results and a more personalized site experience.
    • When you watch a video clip or listen to an audio clip on through the VHA’s website, a cookie may take note of which type of clip (high or low bandwidth) you prefer to use on your computer. Note, however, that you can change your video and audio preferences at any time, or choose a player each time you view or listen to a clip.
    • Analytics platform of the Site use cookies to track user traffic patterns. We do this in order to determine the usefulness of the Site’s information to our users and to see how effective our navigational structure is in helping users reach that information. VHA does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.
  • Note that “persistent” cookies, primarily used to personalize your site experience and save you time, will remain on your computer after you have left our site and will expire when you log out of the Site, or 60 days after your last visit for security cookies, or two years after your last visit for advertisement and information notice cookies
  • Please note that while most browsers are initially set to accept cookies, you have the ability to disable cookies if you wish, generally through changing your internet browser settings. It may also be possible to change your browser settings to enable acceptance of specific cookies. For more information on enabling and disabling cookies, please refer to the help section on your browser. If cookies are disabled it may mean that not all the services of this website might be available

11. Disclaimers

VHA makes reasonable efforts to ensure that the content VHA provides to the Site is accurate and current.   However, VHA is under no legal obligation to, and generally does not, control the Content provided by other organizations which is made available through the Site – for example, through resources.  By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be misstated or deceptively stated.

  • You acknowledge that: 

 

  • VHA makes no representation or warranty of any kind regarding the Site, the Materials, and each Website Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Website Service;
  • that you will be solely responsible for any Content you provide the Site or otherwise provide to VHA, including without limitation for its truthfulness and accuracy; and
  • that the Site, the Materials, and each Website Service are provided on an “AS IS” basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.

In particular, please note that the information provided through this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, assessment and evaluation.  This includes all Content that is made available on, or otherwise accessible through, the Site by us. You should consult a qualified physician or other applicable health professional before making any decision or taking any action that might affect your personal well-being as there is no substitute for the consideration of an individual’s circumstances by a qualified professional.  You agree that you must evaluate, and bear (and release VHA and all VHA care practitioners, employees, agents, officers, directors, or employees from any claims regarding) all risks associated with the use of any information on the Site (including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information) or of the Site generally, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation in the event that you have a dispute with one or more users of the Site.

VHA  DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, 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 NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, VHA DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

12. Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL VHA HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE 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 SITE, THE MATERIALS, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF VHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

13. Indemnity

You agree to defend, indemnify and hold harmless each of VHA and all its health care practitioners, employees, agents, officers, directors, or employees, and all third parties mentioned at the Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the Site and the Materials or your breach of the Terms and Conditions.

14. Choice of Law

This Site is controlled, operated and administered by VHA from its offices within the Province of Ontario, Canada.  VHA makes no representation or warranty that Materials at this Site are appropriate or available for use at any locations outside Canada, and accessing such Materials from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.  By accessing this Site, you agree that all matters relating to the access to, or use of, this Site 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.

15. Arbitration

Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time.  The arbitrator shall be a person who is legally trained and is independent of either party.  Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential or personal information, VHA may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance you agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.

16. General

The General Terms and Conditions constitute the entire agreement between VHA and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between VHA or its affiliates and you with respect to this subject matter.  Any cause of action you may have with respect to your use of this Site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises  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.  The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party.  No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and VHA. VHA’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.   No changes to the Terms and Conditions shall be made except by a revised posting on this page.  The General Terms and Conditions shall ensure to the benefit of VHA.  The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. VHA may assign its rights and duties under this Agreement to any party at any time without notice to you.  You may not assign your rights and duties under this Agreement to any party at any time.

17. Questions on Terms and Conditions

Should you have any questions regarding the General Terms and Conditions, including in respect of any use or disclosure of the information made available by you, you may contact VHA at:

18. VHA Communications Department 

30 Soudan Avenue, Suite 600
Toronto, ON
M4S 1V6

Email: communications@vha.ca

Telephone: 416-489-2500 EXT. 4803

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