LAST REVISED: November, 2009
TABLE OF CONTENTS:
1. TERMS OF USE
2. MODIFICATIONS TO THESE TERMS
3. PURPOSE OF THE WEB SITE AND SERVICES
4. INFORMATION AND CONTENT
5. LIMITED LICENSE & PERMITTED USES
6. USER CONDUCT AND OBLIGATIONS
7. REMEDIES FOR VIOLATIONS
8. UNLAWFUL ACTIVITY
9. DISCLAIMER
10. SERVICE CHANGES
11. PRIVACY AND PERSONAL INFORMATION
12. PROPRIETARY RIGHTS
13. INDEMNIFICATION OF ORNGE
14. THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
15. GENERAL
16. CONTACT
1. TERMS OF USE
Welcome to the Ornge web site, located at www.ornge.ca (the “Web Site”). Use of the Web Site[, information, services, and content distributed through or in conjunction with the Web Site (collectively, the “Services”)]is offered to you subject to your acceptance of these terms and conditions (the “Terms of Use”), the Ornge privacy statement (the “Privacy Statement”) and any other notices or amendments posted through the Services.
BECAUSE THESE TERMS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
By accessing and using the Services you are acknowledging that you have read and agree to be bound by these Terms of Use, the Privacy Statement and other notices posted through the Services. You further warrant and covenant that you have the power and authority to enter into this agreement. If you do not acknowledge and agree with the above, you may not access or use the Services.
2. MODIFICATIONS TO THESE TERMS
Ornge shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use at any time (“Changes”). Changes will be effective when notice of such change is posted at this Web Site. It is your responsibility to check these Terms and Conditions regularly to determine whether any Changes have been made, which can be determined by checking the “Last Revised” date set out above. If you do not agree to any or all of the Changes, you must stop using the Services immediately.
3. INFORMATION AND CONTENT
The information and/or content available in or on, or accessed or downloaded through or from, the Services (“Information and Content”) are made available solely as a convenience to you for general informational purposes only and are not intended to provide specific medical or other advice. The Services and all Information and Content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. The Information and Content shall not be used by you, or taken out of context by you, or presented in a misleading or discriminatory manner.
Ornge does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, or completeness of any of the Information and Content. You agree that all risk associated with the use of, or reliance on, any of the Information and Content contained in the Services rests with you. You further agree that Ornge shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Information and Content.
4. LIMITED LICENSE & PERMITTED USES
You are granted a non-transferable, non-exclusive, revocable license to: access and use the Services strictly in accordance with these Terms of Use; use the Services solely for internal, personal, non-commercial purposes, and; display, download, archive or print a single copy of any discrete Information and Content, solely for internal, personal, non-commercial purposes, provided that, in doing so, you do not further distribute, sell, or modify the Information and Content in any way, you maintain all copyright and other notices contained therein, and you comply with the obligations described under the heading “User Conduct and Obligations” set out below (collectively, the “Permitted Uses”).
Except for the Permitted Uses, nothing in these Terms of Use grants to you, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Services, and the Information and Content belong to Ornge and/or its licensors, as applicable.
5. USER SUBMISSIONS
If you send any materials, including testimonials, letters, photos (collectively, “Submissions”), to Ornge or otherwise submit any Submissions through the Services, you will be deemed to have granted to Ornge and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the Company or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Ornge. Further you acknowledge and agree that notwithstanding whether any Submission is solicited by Ornge or is unsolicited, Ornge reserves the exclusive right to determine if such Submission will be used by Ornge in any capacity and if it is used in what manner it will be used.
6. USER CONDUCT AND OBLIGATIONS
Your license to access and use the Services is subject to the following restrictions and prohibitions on use (“User Conduct and Obligations”).
You agree that you shall not:
(a) reproduce or copy (except for the express limited Permitted Uses), modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, all or any portion of the Services or any Information and Content;
(b) disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;
(c) provide false information about yourself to Ornge, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;
(d) use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields;
(e) use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. Sending, or attempting to send, counterfeit e-mail to, or through, the computer systems of the Services is strictly prohibited;
(f) provide access to or use of any portion of the Services through any timesharing system, service bureau, or any other technology now existing or developed in the future, except as specifically permitted in writing by Ornge;
(g) redistribute any Information and Content in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited Permitted Uses;
(h) remove, obscure, or alter any notice of Ornge’s intellectual property rights present on or in the Services, including copyright, trademark, and/or patent notices;
(i) copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the network and/or computer architecture, except as may be permitted by mandatory rules of applicable law that cannot be disclaimed by contract; and/or
(j) remove, disable, defeat, or change any functionality or appearance of the Services.
7. REMEDIES FOR VIOLATIONS
Ornge reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including the right to block access from a particular IP address to the Services and their features.
8. UNLAWFUL ACTIVITY
Ornge reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action Ornge deems appropriate, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
9. DISCLAIMER
THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORNGE, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ORNGE DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:
(a) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND ANY INFORMATION AND CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;
(b) ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE OR CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH THE SERVICES (INCLUDING ANY HYPERTEXT LINKS IN THE SERVICES), INCLUDING ANY ERRORS IN OR OMISSIONS THEREFROM;
(c) THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF;
(d) YOUR USE OF THE SERVICES;
(e) PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER AS A RESULT OF USING THE SERVICES; AND/OR
(f) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. ORNGE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ORNGE BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. ORNGE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
(a) THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN; OR
(b) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, ORNGE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $10.00.
10. SERVICE CHANGES
You acknowledge and agree that Ornge reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services or Information and Content with or without notice to you, and that Ornge will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
11. PRIVACY AND PERSONAL INFORMATION
Your use of the Services may require you to provide information about yourself. You acknowledge that you have read and agree to all of the terms and conditions of the Privacy Statement, which is located at: www.ornge.ca/AboutOrnge/Pages/PrivacyPolicy.aspx, and that you agree to the incorporation of the Privacy Statement into these Terms of Use.
12. PROPRIETARY RIGHTS
The Ornge logo, and other identifying marks of Ornge are and shall remain the trade-marks and trade names and exclusive property of Ornge, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including all programs, compiled binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of Ornge and is protected by copyright law. Any rights not expressly granted to you are reserved by Ornge.
13. INDEMNIFICATION OF ORNGE
You agree to indemnify, defend, and hold Ornge and Ornge’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, or breach of these Terms of Use. Ornge reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
14. THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
You acknowledge and agree that hypertext links or pointers to third party web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by Ornge of the organizations that operate such web sites, the information, content, privacy policies or other terms of use on such web sites; or such third party products and services. Your correspondence and business dealings with any third parties, including any merchants or advertisers, found on or accessed through the Services, including payment for and delivery of any related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties. You understand and acknowledge that some of the Services and Information and Content accessible through the Services are provided by third parties and may make use of the Ornge name, logo and/or other identifying marks of Ornge. YOU ACKNOWLEDGE THAT IN SUCH DEALINGS WITH THIRD PARTIES, Ornge ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES, LOSSES OR LIABILITIES YOU INCUR IN SUCH DEALINGS.
As Ornge has no control or responsibility over, and does not investigate, monitor, or check for accuracy, third party web sites or information and/or content maintained by other organizations, or for products and services offered by third parties, and Ornge does not assume any liability for your use of any of the foregoing. If you decide to exit the Services and access third party web sites, you acknowledge and agree that you do so at your own risk and you should be aware that these Terms of Use do not govern such third party web sites.
15. GENERAL
These Terms of Use incorporate by reference all notices and disclaimers contained in the Services and except for any agreements with Ornge that expressly reference these Terms of Use, constitute the entire agreement between you and Ornge with respect to access to, and use of, the Services. These Terms of Use supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and Ornge relating to the Services. Where the words “including” or “includes” appear in these Terms of Use, they mean “including without limitation” or “includes without limitation” respectively. If any provision of these Terms of Use is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Use shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. Ornge’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Use shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Use.
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.
16. CONTACT
If you have any questions or concerns about the Web Site, Services, or these Terms of Use, please feel free to contact us at:
647.428.2005 tel
1.800.251.6543
647.428.2006 fax
info@ornge.ca .