Terms and Conditions

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This website (the “Website”) is an on-line information and communications service of the Clinical Tobacco Intervention Program (“CTI Program”), a cooperative effort between the Ontario Medical Association, the Ontario Pharmacists’ Association and the Ontario Dental Association (collectively, the “Associated Entities”), and is provided to you subject to your agreement to be bound by these terms and conditions (“Terms and Conditions”). These Terms and Conditions govern your use of the Website including, without limitation, all content such as text, information, images, applications and audio (collectively, “Content”) and all services (“Services”) made available to you through the Website (the Website, the Content and the Services to be referred to collectively as the “Website”). Please read these Terms and Conditions carefully before you access or use the Website. BY CLICKING ON THE “I ACCEPT” BUTTON OR ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE IN ANY MANNER WHATSOEVER. The CTI Program and the Associated Entities reserve the right to revise and modify these Terms and Conditions at any time in their sole discretion and your continued access or use of the Website after such revisions or modifications indicates your acceptance of these Terms and Conditions as revised or modified. It is your responsibility to review these Terms and Conditions regularly.

Although the CTI Program is designed as an educational and informational resource for physicians, pharmacists, dentists and other health care professionals to assist in the identification of patients who may be tobacco users, all visitors to the Website may access materials that may be available in the public (non-restricted) areas.

You agree to use the Website and the materials provided on the Website solely for your own personal, non-commercial use and benefit. You may create a bookmark in your browser to the home page of the Website, otherwise you may not link to or frame the Website or the materials provided on the Website or any part thereof. Any special terms and conditions for use of certain materials provided on the Website and included elsewhere in the Website are incorporated into, and become part of, these Terms and Conditions. The CTI Program and the Associated Entities reserve the right to add to, modify or delete any Content and/or Services offered on the Website at any time and in their sole discretion.

The Website and the materials provided on the Website are protected by Canadian copyright laws, international copyright conventions and other copyright laws. Title to the Website and the materials provided on the Website remains with the CTI Program, the Associated Entities and their licensors. Except as expressly permitted in these Terms and Conditions, any reproduction, modification, republication, retransmission, transfer, distribution, performance or display of the Website or the materials provided on the Website, in whole or in part, without the express written consent of the CTI Program, the Associated Entities or their licensors, as applicable, is prohibited. You acquire absolutely no rights or licenses to the Website or the materials provided on the Website other than the limited right to use the Website and the materials provided on the Website in accordance with these Terms and Conditions. The CTI Program and the Associated Entities reserve the right to suspend or terminate your access to all or any part of the Website immediately, without notice, at their sole discretion.

The Website and the materials provided on the Website are intended for use by residents in Canada. The CTI Program and the Associated Entities make no claims that the Website or the materials provided on the Website are appropriate in jurisdictions outside of Canada. You are solely responsible for compliance with the laws, rules and regulations applicable to your country of residence.

You agree to use the Website and the materials provided on the Website for lawful purposes only. Potential users in any jurisdiction where laws would: (i) void these Terms and Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law, the disclaimer and the exclusion of damages); or (ii) render accessing the Website or the materials provided on the Website illegal, are not authorized to use the Website.

THE WEBSITE AND THE MATERIALS PROVIDED ON THE WEBSITE ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.

THE MATERIALS PROVIDED ON THE WEBSITE ARE GENERAL IN NATURE. HEALTH CARE PROFESSIONALS SHOULD USE PROFESSIONAL JUDGEMENT IN CONSIDERING THE MATERIALS PROVIDED ON THE WEBSITE AND ARE ENCOURAGED TO CONSULT OTHER RESOURCES TO CONFIRM THE INFORMATION CONTAINED IN THE MATERIALS PROVIDED ON THE WEBSITE. THE MATERIALS PROVIDED ON THE WEBSITE ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL JUDGEMENT IN DIAGNOSING OR TREATING PATIENTS.

THE WEBSITE AND THE MATERIALS PROVIDED ON THE WEBSITE ARE AVAILABLE TO CONSUMERS TO FACILITATE DISCUSSION BETWEEN CONSUMERS AND THEIR HEALTH CARE PROFESSIONALS. THE MATERIALS PROVIDED ON THE WEBSITE ARE NOT INTENDED TO BE USED BY CONSUMERS AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. CONSUMERS SHOULD ALWAYS SEEK THE ADVICE OF THEIR HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION OR MEDICAL TREATMENT. CONSUMERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION CONTAINED IN THE MATERIALS PROVIDED ON THE WEBSITE.

THE WEBSITE AND THE MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. USE OF THE WEBSITE AND THE MATERIALS PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK. WHILE REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE THE ACCURACY, TIMELINESS AND COMPLETENESS OF THE MATERIALS PROVIDED ON THE WEBSITE AT THE TIME OF THEIR PREPARATION, THE MATERIALS MAY CONTAIN ERRORS OR MORE RECENT INFORMATION MAY HAVE BECOME AVAILABLE WHICH MAY MAKE THE MATERIALS PROVIDED ON THE WEBSITE INCOMPLETE OR INACCURATE. THE CTI PROGRAM, THE ASSOCIATED ENTITIES AND THEIR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR THE USE OF THE WEBSITE OR THE MATERIALS PROVIDED ON THE WEBSITE OR FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE OR IN THE MATERIALS PROVIDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CTI PROGRAM, THE ASSOCIATED ENTITIES AND THEIR LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND THE MATERIALS PROVIDED ON THE WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. THEREFORE, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT WILL THE CTI PROGRAM, THE ASSOCIATED ENTITIES OR THEIR LICENSORS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, PERSONAL INJURY, WRONGFUL DEATH, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, WHETHER OR NOT THE CTI PROGRAM, THE ASSOCIATED ENTITIES OR THEIR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE MATERIALS PROVIDED ON THE WEBSITE. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR USE OF THE WEBSITE OR THE MATERIALS PROVIDED ON THE WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN TYPES OF DAMAGES. THEREFORE, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SOME OR ALL OF THE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

The Website may contain materials which, due to their nature, you may find offensive. The CTI Program, the Associated Entities and their licensors assume no responsibility for any such materials.

The CTI Program and the Associated Entities cannot and do not guarantee or warrant that the Website or the materials provided on the Website are compatible with your systems or will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems.

The Website contains advertisements and hypertext links to third party websites for your convenience. Advertisements and hypertext links do not imply an endorsement by the CTI Program or the Associated Entities of any third party website or any materials provided, or products offered, on such third party website. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Website or in the materials provided on the Website may constitute trade-marks or trade names of the CTI Program, the Associated Entities, or their licensors. Nothing in these Terms and Conditions or on the Website shall be construed as granting you a license to use any such trade-marks or trade names.

You may be permitted to access and use feedback features, chat rooms, bulletin boards and other forms of individual or group electronic communications through the Website (“Interactive Areas”). By participating in the Interactive Areas, you agree that you are responsible for your own communications and the consequences of providing and posting materials, including your communications. If you choose to provide materials to be posted in the Interactive Areas, you agree to do so for lawful purposes. You agree that you will not provide any material to be posted in the Interactive Areas that: is defamatory, libellous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable provincial, federal or international law; (2) infringes on the copyright, trade-mark or other intellectual property right or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Website. You also agree that you will not: (a) after receiving warning, continue to provide or post material; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass mailings; (d) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (e) interfere with or disrupt networks connected to the Website, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website, through password mining or other means; or (g) interfere with another user’s use and enjoyment of the Website.

The CTI Program and the Associated Entities may screen or monitor materials provided by you to be posted in the Interactive Areas. The CTI Program and the Associated Entities reserve the right in their sole discretion to edit any material provided by users of the Interactive areas, to post or refuse to post such materials in the Interactive Areas and to remove any posted materials from the Interactive Areas at any time regardless of whether such material violates the standards for content set forth in these Terms and Conditions. The CTI Program and the Associated Entities have no liability or responsibility for the performance or non-performance of the activities set out above in this paragraph. The CTI Program and the Associated Entities cannot and do not warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in the Interactive Areas. Further, the CTI Program and the Associated Entities do not endorse any opinions expressed in the Interactive Areas, whether such opinions originate from other users of the Interactive Areas or from employees or invitees of the CTI Program. You acknowledge that any reliance on materials provided or posted in the Interactive Areas is at your own risk.

Should you participate in the Interactive Areas, you agree that any materials you provide or post are non-confidential and that CTI shall have no obligation of any kind with respect to such materials and may disclose such materials to others. If you provide materials to be posted in the Interactive Areas, you automatically grant, or you warrant and guarantee that the owner of such materials has expressly granted, to the CTI Program and the Associated Entities a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license (including the right to sublicense through multiple tiers) to use, distribute, reproduce, publish, modify, edit, translate, transmit and adapt such materials. You agree that the CTI Program and the Associated Entities shall be free to use any ideas, concepts, know-how or techniques contained in any such materials for any purpose whatsoever including, but not limited to, developing and marketing products incorporating such ideas, concepts, know-how or techniques.

You agree that your use of the Website and the materials provided on the Website shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against the CTI Program, the Associated Entities and/or their licensors. You agree, at your own expense, to indemnify and hold the CTI Program, the Associated Entities and their licensors harmless against any claim, suit, demand, action or other proceeding brought against the CTI Program, the Associated Entities or their licensors by a third party as a result of your breach of these Terms and Conditions.

Your use of the Website and the materials provided on the Website shall be governed by the laws of the Province of Ontario and any applicable federal laws of Canada, and the courts of the Province of Ontario shall have non-exclusive jurisdiction over any legal disputes relating to the Website and the materials provided on the Website.

If in any jurisdiction, any of these Terms and Conditions are held to be unenforceable by a court of competent jurisdiction, such Terms and Conditions shall be restricted or eliminated to the minimum extent necessary and the remaining Terms and Conditions shall otherwise remain in full force and effect.

These Terms and Conditions constitute the entire agreement between the CTI Program, the Associated Entities and you with respect to your use of the Website and cannot be modified except as described elsewhere in these Terms and Conditions. Your use of the Website is also subject to the Privacy Policy.

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such Term or Condition or any other Term or Condition.

The parties hereto confirm their express wish that this agreement, as well as all other documents related hereto, be drawn up in the English language only and declare themselves satisfied therewith; les parties aux présentes confirment leur volonté express de voir la présente convention de même que tous les documents, s’y rattachant, rédigés en langue anglaise seulement et s’en déclarant satisfaits.

We value your visit to the Website and welcome any questions or comments you might have about the Website, the materials provided on the Website or these Terms and Conditions. If you have any questions please contact Jennifer Hart, Program Director Clinical Tobacco Intervention, Ontario Medical Association at jennifer_hart@oma.org.

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