htx.ca - The Health Technology Exchange
Web site Legal Statements
www.htx.ca
TERMS OF USE
Welcome to the Health Technology Exchange web site ("www.htx.ca" or the "Web site"), operated by htx.ca - The Health Technology Exchange ("HTX" or "we"). This is a legally binding agreement between you and HTX. You must read this agreement carefully before using the Web site.
Acceptance of Terms
By accessing or using the Web site in any way, including, without limitation, use of any of the services, downloading or uploading any content, posting a link to the Web site on any other web site, or merely browsing the Web site, you signify that you have read, understand and agree to be bound by the legal notices and the terms and conditions of use set forth in this document (collectively, the "Terms of Use"), whether or not you are a Member (defined below).
We make the Web site, including all content, information, documents, communications, files, text, graphics, applications, software, products and services (collectively, the "Materials") available for your use subject to the Terms of Use and all applicable laws. If you breach any of the Terms of Use or applicable laws, HTX reserves the right, in its sole discretion, to cancel or terminate your access to the Web site (or any part thereof) and/or your Account (defined below). Upon such breach, any Materials downloaded or printed from the Web site in violation of the Terms of Use must be immediately destroyed.
HTX reserves the right to change the Terms of Use, Privacy Policy and other rules and guidelines posted on the Web site from time to time in its sole discretion, and will provide notice of material changes on the home page of the Web site. Your continued use of the Web site, or any Materials accessible through it, constitutes your acceptance of the most current version of the Terms of Use, Privacy Policy and rules and guidelines posted on the Web site at the time of such use. You should periodically check the Terms of Use and Privacy Policy links on the Web site's home page to view the then-current Terms of Use and Privacy Policy.
HTX also reserves the right to discontinue, modify or alter any aspect of the Web site in its sole discretion and without prior notice or liability. You agree that HTX shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Web site or your Account.
User Conduct and Submissions
In using the Web site and/or any Materials available through it, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Web site, the Materials or affiliated or linked web sites;
- not to upload, post or otherwise transmit any content that is libellous, defamatory, inaccurate, abusive, threatening, offensive, obscene, lewd, violent, harassing, discriminatory, illegal or otherwise objectionable subject matter;
- not to upload, post or otherwise transmit through the Web site any viruses or other harmful, disruptive or destructive files;
- not to create a false entity nor a false identity;
- not to provide nor maintain any information about you, or an organization, which is untrue, inaccurate, not current or incomplete.
- not to collect data for unsolicited marketing purposes, including marketing via e-mail, facsimile, telephone or postal mail;
- not to compile data for commercial purposes;
- not to use or attempt to use another's account, password, service, or system without authorization from the portal administrator; and
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Web site, the Materials, Accounts, passwords, any services, system resources, servers, or networks connected to or accessible through the Web site or any affiliated or linked web sites.
By uploading, posting or otherwise transmitting content, blogs, postings, offers, questions, messages, feedback, ideas, stories or other information, data, materials and opinions on the Web site ("Submissions"), you hereby grant to HTX and its affiliates, subsidiaries, licensees, successors and partners ("Affiliates"), a royalty-free perpetual, irrevocable, transferable, non-exclusive right and license to copy, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such Submissions, in whole or in part, worldwide in all manner and media (whether now known or later developed). You will provide waivers in favour of HTX and its Affiliates of any and all moral rights in the Submissions that any individuals who may be considered as authors of such Submissions may have. You also hereby authorize any user of the Web site to copy, access, display, view, store and reproduce any Submissions for personal use. You represent and warrant that you have the lawful right and authority to grant the license granted herein.
HTX does not and cannot review all Submissions posted by users and is not responsible for, nor does it endorse, such Submissions. You acknowledge that any Submissions may be edited, removed, modified, published, transmitted and displayed by HTX, in its sole discretion. You remain solely responsible for the content of your Submissions.
Intellectual Property and Permission to Reproduce
The Web site and the Materials are the proprietary property of HTX or its licensors. All rights not expressly granted to you are reserved. No Materials or other portion of the Web site may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without HTX's prior written permission.
Subject to these Terms of Use, you are granted a limited license to access the Web site and the Materials and to reproduce the Materials for non-commercial purposes without charge, provided that:
- you have obtained the written consent of HTX;
- you exercise due diligence in ensuring the accuracy of the Materials reproduced;
- HTX be identified as the source; and
- the reproduction is not represented as an official version of the Materials reproduced, nor as having been made in affiliation with or with the endorsement of HTX.
Some of the Materials found on www.htx.ca may be subject to intellectual property rights owned by third parties who have licensed to us such Materials. Some of the Materials may contain proprietary notices or copyright information and others may not. Any available proprietary notices or copyright information must be observed and followed and/or additional restrictions on the reproduction of Materials may apply and it may be necessary to seek permission from the author or copyright holder prior to reproduction.
The trademarks, logos, and service marks ("Marks") displayed on this Web site are the property of HTX or other third parties. You are not permitted to use the Marks without the prior written consent of HTX or such third party that may own the Marks. The HTX logo is a trademark of htx.ca - The Health Technology Exchange.
If you have any comments or concerns about intellectual property or permission to reproduce related to www.htx.ca, please contact us at admin@htx.ca.
Member Profiles and Privacy
Most components and contents of the Web site are only available to users who register with HTX (each, a "Member") to create a Member account (an "Account"). Once you have an Account, you will be asked to provide user information which will be used to develop a Member profile ("Member Profile") that will be stored in an online database. You, or designated individuals from your organization, may update or modify your Member Profile at any time. Personal information will only be used in accordance with our Privacy Policy.
Disclaimers
No Warranties. THE WEB SITE AND MATERIALS ARE PROVIDED BY HTX AND/OR MEMBERS OR OTHER USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, HTX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. HTX DOES NOT WARRANT THAT THE WEB SITE OR ANY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Accuracy of Information. Any information found in the Web site and Materials may contain technical inaccuracies or typographical errors. HTX provides no representations and warranties, express or implied, with respect to the accuracy, completeness, correctness or usefulness of any opinions, advice, products, services or other information found on the Web site, in the Materials or on the Internet generally. Use of any Materials provided on www.htx.ca is at your own risk. In no event will HTX be liable to you or anyone else for any decision made or action taken by your or anyone else in reliance upon the information provided through the Web site or Materials. Furthermore, HTX does not have any obligation to verify the identity of Members or other users, nor does it have any obligation to monitor the use of the Web site by the Members or other users of the Web site. HTX declines all liability for identity theft or any other misuse of your identity or information.
Global Availability. Information described on www.htx.ca may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that HTX and/or Members or other users intend to announce such products, programs or services in your country.
Third Party Web sites. HTX makes no representations or warranties whatsoever about any third party web site which you may access through this Web site. Please understand that such third party web sites are independent from www.htx.ca, and that HTX has no control over the content on third party web sites. Access to such third party web sites is at your own risk and HTX is not responsible for the availability, accuracy or reliability of the content of any third party web site. In addition, a link to a third party web site does not imply that HTX endorses or accepts any responsibility for the content, advertising, products, services, other materials, or the use, of the third party web site. If you access third party web sites and/or install any third party applications, software or content made available through such third party web sites, you do so at your own risk and you should be aware that the HTX Terms of Use and Privacy Policy no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from www.htx.ca, or relating to any applications you use or install from a third party web site. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
Limitation of Liability
YOU AGREE THAT HTX AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEB SITE, MATERIALS OR ANY LINKED THIRD PARTY WEB SITES, OR YOUR RELIANCE ON ANY CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF HTX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify and hold harmless HTX and its Affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms of Use or your violation of any law or the rights of any third party and/or arising out of or in connection with any of your Submissions. HTX reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by HTX.
General
Access to the Web site and the Materials is not permitted where prohibited by law. If you choose to access and/or use the Web site and/or Materials, you do so on your own initiative and are responsible for compliance with applicable laws.
These Terms of Use and your use of the Web site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms of Use shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against HTX in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of these Terms of Use shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and HTX in connection with your use of the Web site. Your use of the Web site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and HTX other than that of independent contractors.
If you have any comments or concerns about the Terms of Use, please contact us at admin@htx.ca.