Terms of Use

2.    Changes to Site

Sunnybrook may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect 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 Sunnybrook is objectionable or in violation of the General Terms and Conditions (in the case of the blogs featured on the Site (the “Blogs”), subject to the additional terms and conditions for the Blogs found at http://blogs.sunnybrook.ca.  Sunnybrook 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 Sunnybrook (subject to the General 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.
With respect to podcasts and webcasts specifically, and without otherwise limiting these General Terms and Conditions:

• Sunnybrook’s podcast content may be downloaded to your computer and/or transferred to your portable MP3 player solely for your private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards Sunnybrook’s podcast or webcast content, is strictly prohibited. You may not edit or modify or redistribute Sunnybrook’s podcast or webcast content. No redistribution of Sunnybrook’s podcast or webcast content is permitted.
• Without limiting Section 4 hereunder, Sunnybrook’s podcast and webcast content is protected by Canadian and international copyright laws. Sunnybrook owns all rights including copyright to the podcast and webcast content, and all logos and trademarks used in connection with the podcast and webcast.
• Sunnybrook reserves the right to discontinue providing any or all of the Sunnybrook podcast and webcast content at any time and to require you to cease using any or all of the Sunnybrook podcast and webcast content for any reason.
• Sunnybrook assumes no liability for any of your activities in connection with the Sunnybrook podcast or webcast content with your web site, computer, MP3 player, or any other devices or software.

5.    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 Sunnybrook;
• 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 (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part);
• use or attempt to use another’s account, password, or other information in connection with this Site without prior written authorization from Sunnybrook; create or use a false identity on this Site (for greater certainty, excluding your Blog alias(es)), or impersonate any person or entity, including without limitation a Sunnybrook health care practitioner, employee or agent (including, in the case of the Blog, any other user), or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;
• 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 notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents; or
• 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. Sunnybrook 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. Sunnybrook reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request.

6.    Registration and Password

Where applicable, you are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify Sunnybrook and/or the applicable Blog owner, if applicable, of any unauthorized use of your registration information or of any other breach of security of which you are aware.

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.

For greater certainty, Sunnybrook services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights.  Sunnybrook reserves all such rights.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of Sunnybrook or the Sunnybrook Foundation, and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of any of same, in whole or in part, without prior written authorization of Sunnybrook is strictly prohibited.

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, Sunnybrook 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 Sunnybrook or of any other contributor of Content to the Site.

8.    Links and Disclaimers of Linked Sites

Certain links on this Site may take you to other web sites. Sunnybrook provides these links only as a convenience. These linked sites are not necessarily under the control of Sunnybrook. 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.

Sunnybrook is not responsible for the contents of any such linked pages or any other pages not under its control. Sunnybrook 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 Sunnybrook 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 Sunnybrook.

Sunnybrook 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.Sunnybrook.ca.  Links may not be established to any other pages on this Site without the prior written permission of Sunnybrook.
• If you link to this Site, Sunnybrook grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Sunnybrook 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 Sunnybrook’ trademarks or service marks for any reason without Sunnybrook’ prior written permission.
• The linked website shall not:
  • change in any material way the nature and features of such website from that described to Sunnybrook in the written notice provided to Sunnybrook 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 Sunnybrook 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 Sunnybrook without the prior written consent of Sunnybrook;
  • misrepresent the relationship of you or any other person with Sunnybrook or present false, misleading or otherwise damaging information or impressions about Sunnybrook 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, Sunnybrook shall have no responsibility or liability for any content appearing on the linked web site.
• Sunnybrook 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 Sunnybrook exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks;
• Sunnybrook 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 Sunnybrook collects via this Site is subject to the Sunnybrook Privacy Statement, which is incorporated by reference into the General Terms and Conditions.

10.    Use of Cookies

1. 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.
2. The Site uses cookies for the following:
   1. 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. For example, if you personalize Sunnybrook pages, or register for services, a cookie helps us to recall your specific information (such as user name, password and preferences).
   2. When you watch a video clip or listen to an audio clip on through the Sunnybrook website, a cookie may take note of which media player (such as Real Player or Windows Media Player) and 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.
   3. Some parts 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. Sunnybrook does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.
   4. We also use cookies to identify users who have been banned from using our forums for behaviour that contradicts these General Terms and Conditions and to track click streams, for load balancing and to enable you to navigate through the site using redirection pages.
   5. Cookies are not used to run programmes or to deliver viruses to your computer, are uniquely assigned to your computer, and can only be read by a web server in the domain that issued the cookie to you.
3. 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
4. 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.    User Communications

Subject to any applicable law, the requirements of the Sunnybrook Privacy Statement, and the restrictions set out in the additional terms and conditions for other Site functions (for example, in the case of the Blog), any communications sent by or to you via this Site or otherwise to Sunnybrook (including without limitation Content) are on a non-confidential basis, and Sunnybrook is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. Sunnybrook shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications.

12.    Disclaimers

Sunnybrook makes reasonable efforts to ensure that the content Sunnybrook provides to the Site is accurate and current.   However, Sunnybrook is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site – for example, through any of the Blogs.  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:

1. Sunnybrook 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;
2. that you will be solely responsible for any Content you provide the Site or otherwise provide to Sunnybrook, including without limitation for its truthfulness and accuracy; and
3. 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 Sunnybrook and all Sunnybrook health 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.
SUNNYBROOK 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, SUNNYBROOK DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

13.    Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL SUNNYBROOK 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 SUNNYBROOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

14.    Indemnity

You agree to defend, indemnify and hold harmless each of Sunnybrook 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 General Terms and Conditions.

15.    Choice of law

This Site is controlled, operated and administered by Sunnybrook from its offices within the Province of Ontario, Canada.  Sunnybrook 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.

16.    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, Sunnybrook 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.

17.    General

The General Terms and Conditions constitute the entire agreement between Sunnybrook and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Sunnybrook 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 General 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 General 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 General Terms and Conditions, and the remainder of the General 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 Sunnybrook. Sunnybrook failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.   No changes to the General Terms and Conditions shall be made except by a revised posting on this page.  The General Terms and Conditions shall enure to the benefit of Sunnybrook.  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. Sunnybrook 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.

18.    Additional Terms of Use

Certain areas of this Site, such as the Blogs , are subject to additional terms of use, all of which areas are incorporated by reference into the General Terms and Conditions. You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

19.    Questions on General 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 us at:

Sunnybrook Centre for Prehospital Medicine
77 Brown’s Line, Suite 100
Toronto, Ontario
M8W 3S2
Tel.: 416.667.2200
Toll Free: 1.866.675.3782
Fax: 416.667.9776
e-mail: [email protected]

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