V1-March 15, 2012
ACCEPTANCE. This web site (the “Site”) is owned and operated by the University of Guelph and The Royal Institution for the Advancement of Learning/McGill University (the “Universities”). By accessing and using the Site, you are indicating your agreement to be bound to the following terms and conditions (the “Terms and Conditions”). If you do not agree to all of the Terms and Conditions, please discontinue your use of the Site immediately. These Terms and Conditions may be revised by the Universities at any time without notice. Please review the Terms and Conditions regularly as your continued use of the Site will constitute your agreement to any changes. You will find the date of the last revision of the Terms and Conditions at the top of the page.
OWNERSHIP OF CONTENT. The Site and the content of the Site, including all text, data, information, recordings, graphics, images, icons and any other content (collectively, the “Content”) are protected by copyright, trade-mark and other proprietary rights, and are owned by the Universities or third parties. Except as expressly permitted in these terms and conditions, no portion of the Site or the Content, including without limitation trade-marks, trade names and logos, may be reproduced in any form, or by any means, without prior written permission from the Universities or the applicable third party. Any unauthorized downloading, redistribution, retransmission, copying, modification or commercial use of the Content may be a violation of federal or other law and could result in legal action. The Universities may change the Content at any time without notice.
GRANT OF LIMITED LICENSE. Subject to the Terms and Conditions of this agreement, the Universities grant to you a limited, non-transferable and non-exclusive license to access, view and use the Site for your personal, non-commercial use, and the right to display, print single copies and use the Content only for your personal, non-commercial use. Such limited license is revocable by the Universities at any time at the sole option of the Universities. In consideration of this limited license, you shall ensure that all copyright, trade-mark and other proprietary notices are retained on any copy of the Site materials in the same form and manner as on the original.
NOT MEDICAL ADVICE. The Site and the Content is provided for general information purposes only. The Site and the Content is not intended to replace consultations with a health care professional or to provide medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health care provider with any medical or health questions. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
LIMITATION OF LIABILITY. In no event shall the Universities, their respective officers, employees, students or agents or any supplier of Content mentioned on the Site be liable for any losses, damages, claims or expenses whatsoever including, without limitation, direct, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, resulting from the use, misuse or inability to use the Site or the Content, whether based on warranty, contract, tort or other legal theory, and whether or not the Universities are advised of the possibility of such damages.
DISCLAIMER OF WARRANTIES. THE SITE AND THE CONTENT, ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
While the Universities use reasonable efforts to ensure the information provided on the Site is correct, accurate and timely when posted, no representations or warranties of any kind are made regarding the Site or the Content as to (i) the quality, accuracy, reliability, currency, timeliness, completeness or suitability for a particular purpose, (ii) that the operation of the Site will be uninterrupted or error-free, (iii) that defects or errors in the Site or the Content will be corrected, (iv) that the Site will be free from viruses, worms, Trojan horses or codes that manifest contaminating or destructive properties, and (v) that communications to or from the Site will be secure and/or not intercepted. You acknowledge and agree that you are using the Site and the Content, if applicable, at your own risk and liability.
The views or opinions expressed on the Site or in the Content do not necessarily reflect those views or opinions of the Universities. The Universities do not endorse or recommend any products, services, techniques or procedures mentioned on the Site or in the Content.
RELEASE AND INDEMNITY. You agree to release the Universities, their respective officers, employees, students or agents or any supplier of Content mentioned on this Site, from any and all liabilities and damages (including any direct, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) whatsoever or arising from your use of the Site, the Content or otherwise relating to this agreement and you agree that your only remedy for any claim, loss, damage, costs or expenses is to cease using the Site. You will indemnify the Universities, their respective officers, employees, students or agents or any supplier of Content mentioned on this Site, from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees and disbursements), resulting from (i) your breach of any Terms and Conditions, (ii) your access to, use, misuse, reliance upon or inability to access or use, the Site, the Content, or any site to which this Site may be linked from time to time or, (iii) your use of, reliance on, publication, communication, distribution or downloading of anything, including the Content, from the Site.
LINKS. This Site may contain links to web sites and servers maintained by third parties over whom the Universities have no control. These links have been provided solely as a convenience for users of this Site and do not constitute an endorsement by the Universities of the content of such third party web sites. The Universities make no representation or warranty of any kind regarding third party web sites including, without limitation (i) the legality, accuracy, reliability, completeness, timeliness, security, suitability for a particular purpose of any content on any third party web site, (ii) the merchantability and fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party web sites, and (iii) that the operation of third party web sites will be uninterrupted or error free, that defects or errors of such third party web sites will be corrected, or that such third party web sites will be free from viruses or other harmful components.
While the Universities permit links to the Site, you may not link the Site to or from any web site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights. The Universities reserve the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature. You agree to remove any link you may have to the Site upon request of the Universities.
The Universities are concerned about the integrity of this Site when it is accessed in a manner determined by third parties or viewed in a setting created by third parties. Linking to an internal or subsidiary page of this Site that is located one or several levels down from the home page (“deep linking”), or bringing up or presenting content of this Site within another web site (“framing”) is prohibited without the written permission of the Universities.
SECURITY AND NON-CONFIDENTIALITY. Absent the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Information provided to the Universities by virtue of this Site will be received by the Universities on a non-confidential basis. Such non-personal information includes the type of browser you use, what operating system you are using and the name of your internet service provider and is automatically collected when you access the Site and may be used by the Universities, for example, in academic publications.
The Universities assume no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this Site and does not warrant that the Site is free of infection, viruses, worms, Trojan horses or codes that manifest contaminating or destructive properties. We recommend the use of appropriate security, antivirus and other protective software.
JURISDICTION. This Site is administered and operated by the University of Guelph, which is located in Ontario, Canada and The Royal Institution for the Advancement of Learning/McGill University, which is located in Quebec, Canada. You agree that all matters relating to your access, or use of the Site and the Content 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. You agree to submit to the exclusive and preferential jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the site and the Content as wells as any dispute that may arise therefrom and the applicable laws shall be the law of the Province of Ontario and of Canada.
GENERAL. These Terms and Conditions represent the entire agreement between every user and the Universities regarding use of the Site and the Content. In the event a court of competent jurisdiction finds any provision of the Terms and Conditions to be unenforceable, the remainder of the provisions shall be unaffected and continue in full force and effect. The failure of the Universities to enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any such provision or right.
You agree that your use of the Site and the Content shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. If you violate any of the Terms and Conditions, your limited license to use the Content will automatically terminate. You must immediately cease your use of the Site and destroy any copies of the Content or any portion thereof.