Terms & Policies

Terms of Use

WEB SITE TERMS OF USE AND DISCLAIMER

Please read the following Terms of Use carefully before using this Site. Your access to and use of the Site shall be governed by these Terms of Use.

By using this website You will be deemed to have agreed to these terms just as if You had signed this agreement.

If You do not agree to the Terms of Use, do not use the Site. The University of Manitoba on behalf of TREKK reserves the right to amend or modify the Terms of Use at any time without notice. Please revisit this page periodically to review the Terms of Use to which You are bound.

The Site is owned and operated by the University. All content provided on the Site is intended for personal, educational and non-commercial use. Content on the Site should not be used to replace either official documents (except where the content on the Site is explicitly identified as comprising the official version of a document). The content on the Site is not intended to be a substitute for professional advice, whether medical, legal, or otherwise. The University reserves the right to terminate or modify, in any manner, the Site, and/or any part of any related web site, any link or linking program at any time for any reason.

1. Terms

By accessing this web site, You are agreeing to be bound by and to comply with these Terms, and all applicable laws, policies, and regulations. If You do not agree with any of these terms, do not use this site. You acknowledge that any information or data of any kind that is contained on this website, whether text, software, code, music or sound, photographs or graphics, video or other materials (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are protected by applicable copyright and trademark law.

2. Copyright

This Site and its content are protected by copyright laws. The University respects the intellectual property of others and expects users of the Site to do the same. You acknowledge that the Site contains text, information, logos, images, photographs, graphics, icons, trademarks, tradenames and other viewable content that is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed.
The University may remove any content that infringes the copyright or other intellectual property right of any person. If You believe that your intellectual property right is infringed by any content on the Site, contact trekk@chrim.ca with the particulars of your claim.

3. Proprietary Rights and Permitted Use

Users of the site are granted a limited license to use, display for presentation purposes, and share (whether digitally or in print) the content and materials copyright of TREKK (but not any logo, trademark or other visual representation) for personal and educational non-commercial use provided the content and materials are not modified and all copyright and other proprietary notices are retained. Content on the Site may not otherwise be used, reproduced, broadcast, distributed, transmitted, published or re-disseminated without the prior written permission of TREKK, or as indicated in the Copyright – Conditions for Use of Content and Materials. You are prohibited from associating the Site or its content with marketing materials, advertisements, outside links, and or/information that was not derived in its entirety (including the context of the information or the content’s usage) from the Site.
You agree that You will not reproduce any trademark of, or imply any endorsement or relationship with, the University, TREKK, or its licensors. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners. Nothing contained herein shall be construed as conferring any license or right under any of the University’s copyright, patent, trademark or proprietary rights, or those of any third party, whether expressly or by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved to the University and its licensors.
Users of TREKK.ca agree to receive electronic communications in the form of email including, but not limited to e-Updates, automated system notifications and bulletin board postings from TREKK.ca.

4. Restrictions on Use

This web site is a collaborative platform meant to facilitate learning around topical medical issues without reference to specific or actual patients. By using this web site or any service provided, You explicitly agree that:

(a) You will comply with The Personal Health Information Act (Manitoba) (“PHIA”). You will not identify, feature, or discuss any specific or actual patients and You will not post, disseminate or transmit any content that contains personally identifiable information not belonging to You, including, but not limited to, information belonging to minors. Any case-based learning on the web site must involve hypothetical patients only. In the event that a specific medical case is topical in the lay or medical community, You agree to obscure the similarity of any hypothetical case by changing gender or age descriptions where appropriate before the case is hosted for education purposes.

(b) You will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(d) You will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by You;

(e) You will not collect or harvest any information about other users and You will not distribute the Content for any
purpose, including, without limitation, compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system;

(f) You will not provide, and You will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; You will not use this web site to promote or operate any service or content without the University’s prior written consent;

(g) You will not provide any content that may give rise to the University being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

(h) You will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, ban, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the University or its licensors or allow any third-party access to the Content. The restrictions set out in these Terms shall not apply to the limited extent the restrictions are prohibited by applicable law.

This license shall automatically terminate if You violate any of these restrictions and may be terminated by the University at any time.

5. License to Use Your Information

With the exception of your personal information, by providing any information or content to this web site:
(a) You agree to grant the University a worldwide, royalty-free, perpetual, unlimited, non-exclusive, irrevocable, transferable right and license (including any moral rights or other necessary rights.) to make available to any person or to otherwise use, run, copy, display, bundle, reproduce, modify, adapt, publish, distribute, transmit, sub-license, export, merge, transfer, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part, any such information or other content You provide on or through this web site including without limitation any ideas, concepts, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) You warrant and represent that You have all legal, moral, and other rights that may be necessary to grant the University the license specified in this section 5;
(c) You acknowledge and agree that the University will have the right (but not obligation), at the University’s entire discretion, to refuse to publish, or to remove, or to block access to any such information or content You provide, at any time and for any reason, without notice;
(d) You agree that the University shall not be subject to any obligations of confidentiality regarding any such information and content You provide unless specifically agreed by the University in writing or required by law.

6. Registration and password

Your right to use the web site is not transferable. In order to use this web site or certain parts of it, You may be required to register for a user account on this web site, in which case You agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — You affirm that You are at least the required age.
Any password or right given to You to obtain access is not transferable. You are responsible for maintaining the confidentiality of your password, and You will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by You. You agree to immediately notify the University of any unauthorized use of your user account, username or password.

7. Personal Information

Your personal information will be collected under the authority of The University of Manitoba Act. It will be used to register and monitor your access to and use of the web site. It will not be used or disclosed for other purposes, unless permitted by The Freedom of Information and Protection of Privacy Act (Manitoba) (“FIPPA”) or The Personal Health Information Act (Manitoba) (“PHIA”). If You have any questions about the collection of your personal information, contact the Access & Privacy Office (tel. 204-474-9462), 233 Elizabeth Dafoe Library, University of Manitoba, Winnipeg, MB, R3T 2N2.

8. Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of the University’s Privacy policy available at:
https://umanitoba.ca/governance/governing-documents/governing-documents-university-community#access-and-privacy9.

Disclaimer
THIS WEB SITE AND THE SERVICES PROVIDED TO YOU ON AND VIA THIS WEB SITE ARE PROVIDED ON AN “AS IS” BASIS. ANY INFORMATION CREATED BY THE UNIVERSITY IS BELIEVED TO BE RELIABLE WHEN POSTED. HOWEVER, THE UNIVERSITY DOES NOT GUARANTEE OR WARRANT THE QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, APPROPRIATENESS OR SUITABILITY OF THE INFORMATION PROVIDED FOR ANY PURPOSE. RELIANCE ON ANY INFORMATION APPEARING ON THIS WEB SITE IS AT YOUR OWN RISK.

THE CONTENT PROVIDED ON THIS WEB SITE BY THE UNIVERSITY IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC COURSE OF ACTION, PRODUCT OR SERVICE. THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL OR MEDICAL ADVICE.

THE UNIVERSITY MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SAFE IN ANY MANNER FOR DOWNLOAD.

You agree that the University reserves the right to modify or discontinue provision of this web site and its services, and to remove the data You provide, either temporarily or permanently, at any time, without notice and without any liability towards You. The University will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

You agree that the University has no obligation to monitor the Site or any content accessible through the Site or any of the services. However, You agree that the University has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a web site or any of the services properly, or to protect itself or its users in accordance with the University’s Privacy Statement.

The University reserves the right to investigate complaints that visitors may make about the content on the Site or on a forum or similar service.

10. Limitations on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE UNIVERSITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE UNIVERSITY ASSUMES NO LIABILITY OR REPSPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

The University will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the University to make, or for any errors or any changes made to any transmitted, stored or received information.

11. No Endorsement

The Site may contain links to other sites. These links are provided as a convenience to help You identify and locate other Internet resources that may be of interest. Parties other than the University independently develop and maintain these other sites.

The University does not control the sites nor assume responsibility for the accuracy or appropriateness of the content contained at such sites. In providing links to other sites, the University is not acting as a publisher or disseminator of the content contained on these other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

A link to another site should not be construed to mean that the University is associated with or is legally authorized to use any trademark, tradename, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The University does not endorse the content or advertisements displayed, contained on, distributed through, or linked, downloaded or accessed from this Site, nor the quality of any products, information or other content displayed, purchased, obtained or used by You as a result of the Information in connection with the Site.

These third-party sites may contain content that some people may find inappropriate or offensive. The University is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. The University shall not be liable for any damages or costs arising out of or in any way connected with your use of any third-party web sites accessed through this Site.

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third-parties. The University will not in any manner be liable for or responsible for any of your dealings or interaction with third-parties. The mention of another party or its product or services on the Site should not be construed as an endorsement of that party or its product or service.

12. Indemnification

You agree to indemnify, defend and hold harmless the University and the University’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms, or any other violation by You of the rights of another person or party.

13. Access and Interference

In using the Site, You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that You will not use any robot, spider, other automatic device, or manual process to impose an “unreasonable or disproportionately large load” on the University’s infrastructure. An “unreasonable or disproportionately large load” is one that prevents other members of the University community from gaining fair and equitable access to web-based systems and resources.

14. Malicious Software

While every effort is made to ensure that all content provided on the Site does not contain computer viruses, You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that You have a complete and current backup of the applicable items or information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

15. Web Analytics

This Site uses web analytics tools to help analyze how the Site is used and to improve visitors’ online experience. These tools work by tagging web pages to capture a limited amount of data (including the internet protocol (‘IP”) address of the computer, device or network being used to access the pages). This data is used for aggregate reporting purposes. None of this data can be used by the University or the service provider to identify You.

Web analytics tools work by using cookies (small files stored on your computer’s web browser). You may refuse the use of cookies by selecting the appropriate settings on your browser (note that if You do this You may not be able to use the full functionality of this web site).

16. Applicable law

These Terms shall be governed by and construed in accordance with the laws of Manitoba without regard to conflict of law principles. You agree that any cause of action with respect to the web site (and/or information, forms and agreements, thereon) must be instituted within one (1) year after the cause of action arose or be forever waived and barred, without regard to any contrary legislation. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these Terms shall be brought solely in Winnipeg, Manitoba. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the web site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Failure of the University to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

17. Integration, Severability and Survival of Terms

These terms of use compose the entirety of the Agreement between You and the University of Manitoba. In the event that any provision of these terms of use is found to be invalid and unenforceable, the invalidity will have no effect on the enforceability of the remaining provisions of these terms of use, which will remain valid and in force.

These Terms of Use apply upon accessing the Site or while You are in possession, in any form whatsoever, of any content or any portion thereof. The provisions set out in the Terms of Use relating to Copyright, Proprietary Rights and Permission to Reproduce, Limitation of Liability, No Endorsement, and Trademarks shall survive the termination of the Terms of Use for whatever reason in perpetuity. The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect.

The University may assign the University’s rights and obligations under these Terms; in this event, the University will be relieved of any further obligation.