The Registered Nurses’ Association of
Ontario, its successors and assigns (collectively “RNAO”) make
this web site (the “Site”) as a service and subject to these
Terms of Service (the “Terms of Use”).
RNAO may change these Terms of Use from
time to time and at any time. When RNAO changes these Terms of Use,
RNAO will: (i) post the updated version of the Agreement on the Site
together with the date on which it was revised; and (ii) on the
log-in page for the Site for at least four weeks following any change
to the Agreement post a notice that the Agreement has been updated.
As well, RNAO may, but is not obliged
to, ask You to actively confirm your consent to the revised
Agreement. If RNAO does not do so, but You continue to use the Site
after the changes come into effect, You will be deemed to have agreed
to abide by the revised Agreement. If You do not agree with the
revised Agreement without qualification, do NOT log in, discontinue
using the Site and instruct RNAO to disable any password for the Site
assigned to You.
Should You violate these Terms and
Conditions or any other rights of RNAO, RNAO reserves the right to
pursue any and all legal and equitable remedies against You,
including, without limitation, restricting, suspending or terminating
your access to all or any part of the Site.
YOU
For the
purposes of these Terms of Use, the word “You” means the
individual accessing the Site, and, if applicable, includes any other
legal entity on behalf of which an individual is accessing the Site.
As an individual, You agree not to access the Site on behalf of any
other legal entity unless You have the authority to bind that legal
entity to these Terms of Use.
You represent and warrant that: (i) You
have the capacity to enter into a legal agreement in the province,
state, territory or country in which You reside; and (ii) your use of
the Site will not violate any applicable law or regulation in the
province, state, territory or country from which You are accessing
the Site.
By using the Site (as a casual visitor,
Registered User or otherwise), You agree, without limitation or
qualification, to be bound by and to comply with these Terms of Use.
If You do not agree, without limitation or qualification, to be bound
by and to comply with these Terms of Use, discontinue using the Site.
You should print or save a local copy
of the Terms Use for your future reference.
If RNAO believes that You have breached
these Terms of Use, RNAO reserves the right, in its sole discretion,
to restrict, suspend or terminate your access to all or any part of
the Site and terminate any licenses granted to You pursuant to these
Terms of Use without prior notice and without liability.
By using
the Site (as a casual visitor, registered user or otherwise), You
agree to comply with any guidelines for using this Site that RNAO may
post to the Site from time to time. If You do not agree, without
limitation or qualification, to do so, discontinue using the Site.
If RNAO provides you with a translation
of these Terms of Use and there is any inconsistency between the
English version and the translated version, the English version shall
prevail.
BECOMING A REGISTERED USER
Please note, before being allowed to
access certain features of the Site (for example the Site’s
membership listing) or participate in certain activities being run
via the Site (for example, posting comments), You will be required
to: (i) register as “Registered User” of the Site; and (ii)
confirm your acceptance of these Terms of Use by placing a checkmark
in the “I AGREE” box on the registration page. If You disagree
with any term or condition of these Terms of Use, do NOT place a
checkmark in the "I AGREE" box and discontinue using the
Site.
When signing up to be a Registered User
of the Site, You represent and warrant that any information You
provide about yourself to RNAO is correct. While You are Registered
User, You will provide RNAO with updates to that information should
any of it stop being correct, so that RNAO’s information about You
remains correct and current.
If You are given a personal username
and/or a password for the purpose of accessing certain features of
the Site or participating in certain activities run via the Site, You
are responsible for all activities conducted under that username or
password, and You will take all necessary steps to ensure that no one
other than You uses that username or password and that that password
is kept confidential. If You have any reason to believe that any
password assigned to You has become known to or been used by any
other person, You will inform RNAO immediately.
You will be asked to suggest one or
more usernames when You register with the Site. Please note that the
assignment of a username to You is in RNAO’s sole discretion. As
well, RNAO may, at any time, change any username or password assigned
by RNAO to You. RNAO will notify You when it does so.
Please note, certain communities,
services and activities available through the Site may require You to
agree to further terms and conditions (possibly including terms
relating to payment). Unless such terms and conditions expressly set
out otherwise, if there is any inconsistency between those terms and
conditions and these Terms of Use, these Terms of Use shall prevail.
PROFILES
Each Registered User will have personal
profile. The Registered User’s user-ID will be displayed as part
of his or her profile. The Registered User may choose to include
further information in his or her profile.
You may create a profile on the Site to
promote a charitable, not-for-profit, business or other commercial
organization whose focus is related to health care (a “Permitted
Organization”), and if You do, an administrator’s username and
password for the Permitted Organization will be provided to You.
RNAO may, at any time, change any such username or password. RNAO
will notify You if it does so. You will be responsible for all
activities conducted under the administrator’s user name and
password for any Permitted Organization that You create. If You have
any reason to believe that any such password has become known to or
been used by any other person, You will inform RNAO immediately. You
acknowledge that your personal username and password may be disabled
if You breach these Terms of Use while using the administrator’s
username and password associated with any Permitted Organization for
which You are responsible.
By creating a profile Permitted
Organization, You: (i) agree to administer the profile for the
Permitted Organization so that it contributes to the Site in a
positive manner and is not disruptive; and (ii) represent and warrant
to and covenant with RNAO that You are authorized to do so by the
Permitted Organization. Additionally, You acknowledge that RNAO may
remove any Organization Profile that You create at any time and for
any reason.
You acknowledge that RNAO may in its
sole discretion any profile for any reason including but not limited
to any breach of the Terms of Use occurring in relation to the
profile.
COMMUNITIES
The Site includes a number of public
and private communities, each formed for a different purpose. The
portions of the Site dedicated to any public community are visible to
all users of the Site, but only Registered Users may participate in
the community’s online discussions. The portions of the Site
dedicated to any private community are visible only to the members of
the private community.
RNAO may create communities (public or
private) from time to time (each a “RNAO Sponsored Community”).
RNAO may in its sole discretion permit
a Registered User to create a community (a “User-sponsored
Community”). If You are allowed to create a User-sponsored
Community, an administrator’s username and password will be created
for You. RNAO may, at any time, change any such username or
password. RNAO will notify You if it does so. You will be
responsible for all activities conducted under the administrator’s
user name and password for any User-sponsored Community that You
create. If You have any reason to believe that any such password has
become known to or been used by any other person, You will inform
RNAO immediately. You acknowledge that your personal username and
password may be disabled if You breach these Terms of Use while using
the administrator’s username and password associated with any
User-sponsored Community for which You are responsible.
By creating a User-sponsored Community,
You: (i) agree to administer the User-sponsored Community so that it
contributes to the Site in a positive manner and is not disruptive;
and (ii) if the User-sponsored Community is associated with a
Permitted Organization or any other entity, You represent and warrant
to and covenant with RNAO that You are authorized by the entity to do
so. Additionally, You acknowledge that RNAO may remove any
Organization Profile that You create at any time and for any reason.
You acknowledge that RNAO may in its
sole discretion shut down any User-sponsored Community for any reason
including but not limited to any breach of the Terms of Use occurring
in relation to the User-sponsored Community.
USE OF THE SITE
You may use the Site only for personal,
non-commercial purposes.
You will not:
seek to gain access to any portions of the Site You are not
authorized by RNAO to access;
use the Site to impersonate or falsely state or otherwise
misrepresent your affiliation with any person or entity including but
not limited to RNAO;
when posting any materials to the Site, forge headers or otherwise
manipulate other identifiers in order to create the impression that
another person posted the materials;
use the Site to either directly or indirectly interfere with, disrupt
or damage the Site, the server(s) on which it hosted, the networks
connected to them or any other user’s access to the Site;
access the Site through any automated means (for example, bots or web
crawlers) or using an interface other than the one made available on
the Site by RNAO;
adapt, translate, modify, decompile, disassemble, or reverse engineer
any aspect of: (i) the Site; (ii) any software or technology used in
connection with the Site; or (iii) downloaded from the Site;
violate any applicable local, provincial, state, national or
international law or regulation (including any laws relating to the
export of data or software); or
collect or store personally identifying information about other users
of the Site for any purposes unrelated to the Site or that are
illegal or unlawful.
From time to time, You may choose to
ask, make or provide questions, suggestions, ideas, comments,
recommendations, feedback, requests or other information relating to
the Site (“Feedback”) to RNAO. By providing any Feedback to
RNAO, You: (i) agree that the Feedback is not confidential; and (ii)
assign all right, title and interest in and to the Feedback to RNAO
including all intellectual property rights. RNAO shall be entitled
to the unrestricted use and dissemination of any Feedback for any
purpose (commercial or otherwise) without any acknowledgment of or
compensation to You.
SUBMITTING CONTENT
The contents of the Site, including any
and all information, content, links, reports, data, databases, tools,
e-mail, code, photographs, pictures, video, postings, graphics,
interfaces, web pages, text, files, software, product names, company
names, trade-marks, logos, trade names, or other materials contained
on or in the Site is the “Content”. The Content includes
materials contributed to the Site by or on behalf of RNAO (the “RNAO
Content”) and materials contributed to the Site by Users of the
Site (“User-generated Content”). RNAO Content includes a variety
of materials, not all of which are vetted to the same extent as
RNAO’s official, published recommendations, practice standards,
guidelines or tools. Accordingly, You should use your professional
judgment and make your own evaluation of any RNAO Content before
deciding to rely upon it.
You may retain a copy of any Content
forming part of the Site solely for your personal reference and
records, provided that any marks, logos or other legends that form
part of that Content are not removed from the copy. Otherwise, all
rights in and to any item of Content are reserved by the contributor
of that item. Consequently, You may not modify, publish, display,
transmit, adapt, sell, license or in any way exploit any item of
Content that You did not contribute, without the express prior
permission of the contributor of that item.
By submitting or sending your own
content to RNAO or otherwise making it available for display on or
through the Site, You acknowledge that the content is your
User-generated Content and grant RNAO the royalty-free, unrestricted,
world-wide, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such User-generated Content (in whole or part) and to
incorporate it in other works (in each case irrespective of the form,
media, or technology used) for the purpose of allowing RNAO to
administer, operate, display, distribute and promote the Site
including but not limited to allowing other sites to link to Content
on the Site. You acknowledge that RNAO may need to do the following
in order to operate, display or distribute the Site and agree that
RNAO may do so: (i) transmit User-generated Content over various
networks; and (ii) reformat User-generated Content.
You represent and warrant to and
covenant with RNAO that: (i) You have now and that You will continue
to have all necessary rights and authority to grant the licenses set
out in the preceding paragraph; and (ii) the User-generated Content
that You contribute to the Site will not infringe any proprietary
right of any third party. You also represent and warrant to RNAO
that any “moral rights” in any User-generated Content that You
contribute to the Site have been waived and that RNAO, and its
successor and assigns may rely on those waivers. With the exception
of any User-generated Content that includes personal information, You
agree that all User-generated Content that You contribute will not be
considered confidential.
Links are Content. If You contribute a
link to another website, make sure that that the operators of that
website permit linking. You can do this by checking the terms of use
for that website. If You are uncertain about whether or not You are
permitted to link to a website, either refrain from posting a link or
link to the home page of the website and include written directions
in your post for how to navigate from the home page to page that has
the content about which You are commenting.
You should maintain a back-up copy of
any User-generated Content that You contribute to the Site. In any
event, RNAO will not provide a copy of that User-generated Content to
You. Additionally, RNAO is not responsible for User-generated
Content that is lost or destroyed for any reason.
You agree that You will not post or
upload to the Site or otherwise make accessible or transmit on or via
the Site any User-generated Content or links to content that:
is illegal, unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, invasive of privacy or
publicity rights, hateful (racially, sexually, ethnically or
otherwise) or victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of race, ethnicity,
gender, religion, sexual orientation, age or disability;
promotes illegal activity including without limitation the provision
of instructions for any illegal activity;
solicits from other users any passwords or personal information for
commercial or unlawful purposes;
contains software viruses or any other computer code, files or
programs designed to or which may interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment or any other similarly destructive
activity;
You do not have a right to transmit under any law or regulation or
under contractual or fiduciary relationships (such as insider
information, or proprietary and confidential information learned or
disclosed as part of employment relationships or under a
nondisclosure agreement); or
infringes or contributes to the infringement of any intellectual
property, industrial or other proprietary rights, protected or
protectable, under the laws of Canada, any foreign country, or any
political subdivision of any country, including, without limitation,
all copyrights, moral rights (including rights of attribution and
rights of integrity), trade-marks, service marks, trade names, logos,
brand names and other identifiers, trade secrets of any party.
RNAO assumes no obligation to update
the Content. RNAO reserves the right to change any and all Content
at any time without notice. RNAO, its licensors and suppliers are
not responsible for any Content other than the RNAO Content.
You agree not to link to any page
forming part of the Site other than the home page without RNAO’s
prior written approval.
USING Content
With respect to Content, the person who
contributes the Content to the Site is responsible for the Content.
Consequently, RNAO does not provide any representations, warranties
or guarantees with respect to User-generated Content, its quality or
its accuracy. Before using or relying on any User-generated Content,
You should take reasonable steps to verify its accuracy, completeness
or usefulness: You are using it at your own risk. Additionally,
views and opinions expressed in materials forming part of the
User-generated Content do not necessarily represent the views or
opinions of RNAO.
The Content is not to be used or relied
upon for any diagnostic, treatment or other health care related
purposes. The Content does not create a patient-physician
relationship between You and RNAO or any other contributor, and the
Content is not intended in any way to be a substitute for
professional diagnosis, treatment or advice. If You are a health
care professional, You should exercise your own professional judgment
before deciding to rely on any Content. If You are not a health care
professional, the Content of the Site cannot and should not replace
the professional judgment of the health care professionals who care
for You, your family and the other individuals in your life. Discuss
the Content with the health care professionals, and never disregard
professional medical advice or delay in seeking it because of
something You have read on this Site. If You choose to rely on any
of the Content, You do so solely at your own risk.
Further, RNAO does not recommend or
endorse any specific products, services, treatments, procedures,
tests, physicians, organizations, opinions or other information that
may be described on the Site or any third party website to which You
can link from the Site.
SCREENING AND MONITORING
RNAO may but is not obliged to review
any Content. Even if RNAO does review, the review may not be to your
satisfaction. You acknowledge this and the consequence that follows
from it: Content accessible on or via the Site may include materials
that are offensive or otherwise objectionable to You.
RNAO is not obliged but reserves the
right to monitor some, all, or no areas of the Site from time to
time: (i) to verify adherence to these Terms of Use or any other
rules, codes of conduct or guidelines posted by RNAO; or (ii) as
required by law.
RNAO reserves the right, in its sole
discretion, to reject, refuse to post, remove or block access to any
Content that is available via or on the Site at any time, without
notice and without liability.
RNAO reserves the right, in its sole
discretion, to set limits on the amount of User-generated Content
that You may contribute.
DISCLAIMER REGARDING THIRD PARTY CONTENT AND LINKED SITES
RNAO, Registered Users or third parties
may provide, links to resources not forming part of the Site. RNAO
has no control over such resources. You acknowledge and agree that
RNAO is not responsible for the availability of such external
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such resources. You further acknowledge and agree
that RNAO will not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or
services available on or through any such resource.
Your correspondence or business
dealings with, or participation in promotions of, advertisers or
other third parties accessible on or via the Site, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between You and such advertiser or other third
parties. You agree that RNAO will not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers or
other third parties on the Site. Please note, if You provide any
information to a third party (e.g., your contact information or
credit card information), such information is collected by the third
party and not by RNAO, even if You made a
purchase from a third party web site that was linked from or
framed within the Site.
PRIVACY
Please note that RNAO controls the Site
from within Canada, and the Site is hosted in Canada.
RNAO’s
use and disclosure of any personal information about You that it
collects in association with the Site is subject to RNAO’s privacy
policy. You have read the privacy
policy and consent to the use of your personal information as
described therein.
RNAO
reserves the right to communicate with You regarding your use of the
Site. You consent to RNAO’s use of any contact information that
You provide to RNAO in doing so. The content included in any such
communication is deemed to be Content made available on the Site by
RNAO.
RNAO STRONGLY
ENCOURAGES REGISTERED USERS AND OTHER USERS OF THE SITE TO COMPLY
WITH THEIR CONFIDENTIALITY OBLIGATIONS AS HEALTH CARE PROFESSIONALS
AND IMPOSED BY ANY ORGANIZATIONS FOR WHOM THEY WORK, ESPECIALLY WHEN
USING THE SITE.
WARRANTIES
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, RNAO SPECIFICALLY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS
WITH RESPECT TO THE SITE, ANY CONTENT OR OTHERWISE ARISING FROM THESE
TERMS OF USE INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY,
TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE OR CONTENT; AND (ii)
ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the preceding
paragraph, RNAO does not warrant that the Site or any Content: (i)
will be available at all times; (ii) will operate without errors;
(iii) defects or errors in the Content will be corrected; (iv) will
be accessible regardless of the hardware or software that You wish to
employ to access it; (v) is absolutely secure, notwithstanding RNAO’s
use of commercially reasonable efforts to secure it; or (vi) is free
from viruses or other harmful code.
All exclusions of responsibility or
liability set out in these Terms of Use are made to the fullest
extent permitted by law. Some jurisdictions do not allow the
exclusion of certain implied warranties or limitations on how long an
implied warranty may last. If any jurisdiction having applicability
to these Terms of Use does not permit any such exclusion or
limitation, RNAO’s total liability to You in connection with any
breach of such a warranty will be subject to the limits on liability
set out in section 13.
LIMITATION OF LIABILITY
IN NO EVENT
WILL RNAO ITS REPRESENTATIVES OR ITS SUPPLIERS, BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES
ARISING FROM OR RELATING TO THE SITE, ANY CONTENT, ANY USER CONTENT
OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF
REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN
IF RNAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR
ANY OTHER PERSON.
IN NO EVENT
WILL RNAO, ITS REPRESENTATIVES OR ITS SUPPLIERS BE LIABLE TO YOU OR
ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED ON THE SITE. FURTHERMORE, RNAO EXPRESSLY
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF
ANY THIRD-PARTY USER OF THE SITE OR ANY SPONSOR OR ADVERTISER OF THE
SITE.
WITHOUT
LIMITING THE TWO PRECEDING PARAGRAPHS IN THIS SECTIONS 13, THE LIMIT
ON THE TOTAL CUMULATIVE LIABILITY OF RNAO (INCLUDING RNAO’S
REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS
ARISING FROM OR RELATING TO THE SITE, ANY CONTENT, ANY USER-GENERATED
CONTENT OR THESE TERMS OF USE, WILL NOT EXCEED $100.00. Some
jurisdictions do not allow the exclusion of incidental, special or
consequential damages. If any jurisdiction having applicability to
these Terms of Use does not permit any such exclusion or limitation,
RNAO’s total liability to You in connection with any incidental,
special or consequential damages will be limited by this section.
The limitations set out in this section
13 will apply regardless of the causes or circumstances giving rise
to the claim, even if such claim is based on breach of contract,
negligence or other tort, and will survive a fundamental breach or
failure of essential purpose of any limited remedy or these Terms of
Use.
You acknowledge and agree that,
regardless of any statute or law to the contrary, any claim or cause
of action You may have arising from or relating to the Site, any
Content, any User-generated Content or these Terms of Use must be
filed within one year after such claim or cause of action arises or
be permanently barred.
INDEMNITY
You agree to indemnify RNAO (and its
representatives and suppliers) and hold them harmless from any and
all claims and expenses, including attorney's fees, arising from or
relating to: (i) any User-generated Content that You contribute to
the Site; (ii) your use or misuse of the Site or any Content; (iii)
any person's use of any account or password provided to You relation
to the Site, regardless of whether such use is authorized by You;
(iv) any breach by You of any of these Terms of Use; and (v) any
breach by You of any law or regulation or any rights of any third
party.
INTELLECTUAL PROPERTY INFRINGEMENT
It is the policy of RNAO to investigate
and respond to claims of intellectual property infringement.
To the extent that any jurisdiction
applicable to these Terms of Use has a notice and take-down scheme
like the one set out in the United States' Digital Millennium
Copyright Act, upon receipt of any notice alleging infringement that
complies with such a scheme, RNAO will act expeditiously to remove or
disable access to any material claimed to be infringing or claimed to
be the subject of infringing activity and will act expeditiously to
remove or disable access to any reference or link to material or
activity that is claimed to be infringing. RNAO may attempt to
contact the person who has posted such material in order to give that
person an opportunity to respond to the notification, although RNAO
makes no promise to do so. Any and all counter notifications
submitted by that person will be furnished to the complaining party.
In all circumstances, RNAO will give the complaining party an
opportunity to seek judicial relief in accordance with any applicable
laws before RNAO replaces or restores access to any material as a
result of any counter notification.
Notices of
claimed infringement should be directed to:
158 Pearl Street,
Toronto,
ON M5H 1L3
Attention: RNAO Communities Copyright Complaints
Fax: 416-599-1926
Email: communities@RNAO.ca
Please put "Notice of
Infringement" in the subject line of all such notifications and
include in each such notice a reasonably detailed description of the
materials alleged to be infringing and the proprietary rights alleged
to be infringed. Also include in the notice: (i) an electronic or
physical signature of the individual sending the notice; (ii) the
address, telephone number, and email address for the sender; (iii) a
statement that the sender is or is authorized to represent the owner
or exclusive licensee of the proprietary rights alleged to be
infringed; and (iv) a written statement that the information in the
notice is accurate.
Names, phrases, words, titles, logos,
icons, graphics, images or designs, used throughout the Site and the
Content may be trade names, registered or unregistered trade-marks or
services marks (the “Marks”) of RNAO, its subsidiaries,
affiliates or licensors, or other entities and individuals. The
Marks are protected by Canadian and international trade-mark and
other laws. Any use of any of the Marks without the express of the
owner of the Mark is strictly prohibited.
REPORTING VIOLATIONS OF THESE TERMS OF USE
If You are
aware of any violations of these Terms of Use, please report them to:
158 Pearl Street,
Toronto,
ON M5H 1L3
Attention: RNAO Communities Violations
Fax: 416-599-1926
Email: communities@RNAO.ca
Please put "Notice of Violation"
in the subject line of all such notifications and include in each
such notice a reasonably detailed description of the alleged
violation.
TERM AND TERMINATION
These Terms of Use will continue in
effect for as long as You use the Site, unless specifically
terminated earlier by RNAO or You. You may terminate your agreement
with these Terms and Conditions at any time by instructing RNAO in
writing to disable any password for the Site assigned to You and by
discontinuing all use of the Site. Your notice should be sent, in
writing, to the address set out in the “Contact Us” page of the
Site. In addition to any other termination rights that RNAO may
have, RNAO may terminate its agreement with You if: (i) You breach
these any provision of these Terms and Conditions or clearly intend
to do so; (ii) RNAO is required to do so by law; or (iii) RNAO is no
longer making the Site available in the jurisdiction from which You
access it.
Upon the
termination or expiration of these Terms of Use, You will stop using
the Site and all Content.
Those
sections which by their nature should survive the termination or
expiration of these Terms of Use will survive termination or
expiration, including but not limited to sections 10, 12, 13, 14, 15,
16, 17 and 18.
OTHER
These Terms of Use constitute the
complete and exclusive agreement between You and RNAO with respect to
its subject matter, and supersede and replace any and all prior or
contemporaneous discussions, negotiations, understandings and
agreements, written and oral, regarding its subject matter.
No term of the Agreement will be deemed
to be waived by reason of any previous failure to enforce it. No term
of the Agreement may be waived except in a writing signed by the
party waiving enforcement.
Should any provision of these Terms of
Use be held to be invalid by a court of competent jurisdiction, then
that provision will be enforced to the extent permissible, and all
other provisions will remain in effect and are enforceable by the
parties.
RNAO and You are independent
contractors and these Terms of Use will not establish any
relationship of partnership, joint venture, employment, franchise or
agency between RNAO and You. Neither RNAO nor You will have the power
to bind the other or incur obligations on the others behalf without
the others prior written consent, except as otherwise expressly
provided in these Terms of Use.
The Agreement will be governed by and
construed in accordance with the laws of the Province of Ontario and
the laws of Canada applicable therein, without reference to the
conflict of laws provisions. You agree to attorn to the jurisdiction
of the courts of the Province of Ontario for the conduct of any legal
proceedings under, or related to, the Agreement.
Except as expressly provided otherwise
in the Agreement, RNAO will not be liable for any failure or delay in
its performance under the Agreement due to any cause beyond its
reasonable control.
RNAO may assign these Terms of Use, in
whole or in part, at any time with or without notice to You. You may
not resell, assign, sublicense or otherwise transfer your rights or
delegate your duties under these Terms of Use, either in whole or in
part, without the prior written consent of RNAO.
Any notice or other significant
communication given to You pursuant to these Terms of Use will be in
writing, addressed to any email address or address that You provided
to RNAO when registering (as updated by You in accordance with
section 1.1) and sent to You by email or by a nationally recognized
overnight courier as applicable. Any notice or other significant
communication given to RNAO pursuant to these Terms of Use will be in
writing and sent to RNAO at the address then listed on the Site in
the Contact Us section by fax or nationally recognized courier.
Notices will be deemed to have been received one Business Days
following: (i) email transmission by RNAO to You; (ii) deposit with a
globally recognized overnight courier service, all delivery charges
pre-paid; or (iii) transmission if sent by facsimile and receipt
confirmed by the facsimile machine used.
The headings used in these Terms of Use
are for convenience of reference only and have no legal or
contractual significance. No provision of these Terms of Use will be
interpreted against any party merely because that party or its legal
representative drafted the provision. All remedies are cumulative.
Throughout these Terms of Use, the term “including” or the
phrases “e.g.,” or “for example” have been used to mean
“including, without limitation”.
RNAO reserves the right, in its sole
discretion, to change or modify the Site from time to time including
but not limited adding or removing functionality or features or
changing its name. RNAO may change the Site without prior notice to
You.