WEB SITE LEGAL TERMS AND DISCLAIMER
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS.
CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.
ACCESSING THIS WEB SITE MEANS THAT YOU ACKNOWLEDGE, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND THAT YOU ARE LEGALLY BOUND BY THEM.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
This Web Site Legal Terms and Disclaimer document (the "Terms") is an agreement between you ("You") and the University of Manitoba (the "University"). "We" and "Us" means both You and the University. The effective date of these Terms is when You accept or are deemed to accept these Terms as set out above.
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. Any claim relating to the web site shall be governed by the laws of the Province of Manitoba without regard to its conflict of law provisions. 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 trade mark law.
2. Permitted Use
Users of the site are granted a limited license to use (display or print) the information for personal, non-commercial use only, provided the information is not modified and all copyright and other proprietary notices are retained. 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.
3. 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 obfuscate 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;
(c) You will not impersonate or misrepresent your association with any person or entity;
(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.
4. 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 4;
(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.
5. 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 undertake 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, user name or password.
6. 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.
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. 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 ADVICE.
THE UNIVRSITY 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.
9. 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.
10. Third-party Services and Links
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 University has not reviewed all of the sites linked to this web site and is not responsible for the contents of any such linked web site. The inclusion of any link does not imply endorsement by the University of the site. Use of any such linked Web site is at your own risk.
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.
12. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the University's copyright agent may be contacted via e-mail to the site administrator.
13. 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.
14. Miscellaneous information
In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable.
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.