McMaster University, School of Nursing: Public Health Nursing Practice, Research, and Education Program (PHN-PREP) Terms and Conditions of Use
IMPORTANT – PLEASE READ CAREFULLY:
1.0 Terms
1.1 This is an Agreement to access and use the Website and is a legally binding agreement between you and McMaster University (“McMaster”). By accessing or using the Website, you are agreeing to the terms below (the “Terms”) and all applicable laws and regulations, and any applicable local laws. You agree to comply with the Terms and that the Terms control your relationship with McMaster. If you use the Website in conjunction with other products or services, then the terms for those other products or services will also apply. If you do not agree to the Terms of this Agreement, you are not authorized to access or use the Website in any capacity.
1.2 McMaster may amend or modify the Terms or impose new conditions at any time. Your continued access or usage of the Website following the posting of any changes to the Terms will mean you accept those changes. You should revisit this page periodically to review the Terms to which you are bound.
2.0 Ownership
2.1 You acknowledge that McMaster owns all right, title and interest in the copyright and all other intellectual property rights to the Website, including, but not limited to, any content, materials, results that are found on or provided by the Website, as a result of any data, that may be provided by you. McMaster does not grant you any ownership interest in the Website, and only grants you permission to access and use the Website in accordance with the Terms of this Agreement. No rights, title or interest in or to any official mark, trade-mark, service mark, logo or trade name of McMaster is granted to you under this Agreement.
3.0 Authorized uses
3.1 Provided you comply with all the Terms of this Agreement, McMaster grants you a non-exclusive, non-transferable, and revocable license for access and use of the Website for personal, non-commercial purposes only. For any other use, including any research purpose, you will need to enter into a separate written agreement with McMaster.
4.0 Prohibited uses
4.1 You must not:
4.1.1 sell, download, print, distribute, reproduce, rent, modify, copy, adapt, reverse engineer, translate, transfer, make available to anyone other than you, or otherwise distribute copies of the Website.
4.1.2 include the Website as a component of a commercial product or use the Website for performing research (whether commercial, or non-commercial, funded or non-funded) or other non-personal uses;
4.1.3 publicly perform or display the Website including making the Website available for download to anyone else on any computer system or network using your own personal credentials.
4.1.4 remove or obscure any copyright, trade-mark or other proprietary notices from Website;
4.1.5 otherwise use the Website on behalf of any third party;
4.1.6 use the Website to create, develop, distribute or market any product, application or service that is competitive to McMaster and/ or its affiliates (to be determined at McMaster’s sole discretion);
4.1.7 defame, abuse, harass, stalk, or threaten others;
4.1.8 transfer the Website to any ad network, ad exchange, data
broker, or other advertising or monetization-related toolset or to any other service; or
4.1.9 use the Website in any manner that makes the Website available to any third party, in whole or in part, with use of your own credentials
4.2 In using the Website, you agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not use any robot, spider, other automatic device, or manual process to impose an “unreasonable or disproportionately large load” on the McMaster’s infrastructure. An “unreasonable or disproportionately large load” is one that prevents other members of the McMaster community from gaining fair and equitable access to web-based systems and resources.
5.0 Disclaimer
5.1 The materials on the Website are provided “as is”. McMaster makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, McMaster does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this Website.
6.0 Limitations
6.1 In no event shall McMaster or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use, reliance on the materials on the Website or inability to use the materials on Website, even if McMaster or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7.0 Revisions and Errors
7.1 The materials appearing on the Website could include technical, typographical, or photographic errors. McMaster does not warrant that any of the materials on its Website are accurate, complete, or current. McMaster may make changes to the materials contained on its Website at any time without notice. McMaster does not, however, make any commitment to update the materials.
8.0 Links
8.1 McMaster has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by McMaster of the site. Use of any such linked Website is at the user’s own risk.
9.0 Assumption of risk
9.1 You assume all risk and responsibility for the selection, installation, use, quality, performance and results obtained from the Website.
9.2 McMaster cannot guarantee the continued availability of the Website and may cease providing the Website, if for example and without limitation, McMaster is unable to host the Website and on McMaster servers, in a manner acceptable to McMaster or the business model changes for the use and access of the Website. Should McMaster cease providing the Website, you agree and acknowledge that your access and use may stop immediately, without any forewarning or any notification to you.
10.0 Indemnity
10.1 You shall defend, indemnify, and hold harmless McMaster, its Board of Governors, officers, employees and agents from and against any claim or demand made by any third party, and all liabilities, damages, losses, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to your browsing or use of the Website, content that you transmit to the Website, or your breach of any of the Terms. McMaster shall control the defense of any matter which is subject to indemnification by you and you shall co-operate as fully as reasonably required by McMaster. McMaster shall not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the access or use of the Website or in reliance on the information available on the Website, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.
11.0 No Warranties
11.1 Your use of the Website is at your sole risk. The Website is provided “as is” and “as available”, and without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement or third party rights and fitness for a particular purpose, and any warranties that access to the Website is uninterrupted or error-free, that the Website is secure or free of viruses or other harmful material, or that information on the Website is complete, accurate or timely.
12.0 Governing Law
12.1 The Terms of the Website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and these laws apply to the use of the Website, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
13.0 Survival
13.1 These Terms apply while you are accessing the Website and while you are in possession, in any form whatsoever. Notwithstanding the foregoing, all of the provisions set out in the Terms shall survive thereafter in perpetuity.
14.0 Publicity
14.1 You will not make any statement regarding your access or use of the Website which suggests partnership with, sponsorship by, or endorsement by McMaster without McMaster’s prior written approval.
15.0 Termination
15.1 This Agreement commences on the date that you are provided access to the Website or through the Website registration, and continues in effect unless it is terminated earlier by McMaster. It may be terminated automatically by McMaster immediately without notice if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement, you must immediately stop using the Website, uninstall and return to McMaster all copies of the Website and any user documentation in your possession or control.
16.0 Representation of Authority
16.1 You represent and warrant that you possess the legal authority to enter into this Agreement and that you will be financially responsible for your access and/or use of the Website. You are responsible for supplying any hardware or software necessary to access and/or use the Website.
17.0 No Assignment
17.1 You must not assign, sublicense or otherwise transfer this Agreement or any rights granted by this Agreement without the prior written consent of McMaster and any attempt to do so without the written consent of McMaster will be void.
18.0 Force Majeure
18.1 Neither party to this Agreement will be liable for delay or failure to perform their respective obligations this Agreement if such delay or failure arises from any cause beyond the reasonable control of the party (“Force Majeure”) provided such party gives the other party written notice of the Force Majeure. Force Majeure includes, without limitation: labour disputes, strikes, other labour or industrial disturbances and any act of God, fire, natural disaster, power failures, accidents, act of government, shortages of materials or supplies and failure of contractors to perform. If a party is temporarily excused from performing its obligations under this Agreement because of Force Majeure, it must promptly resume performance when such Force Majeure is cured or removed.
19.0 Complete Agreement
19.1 This Agreement contains the entire agreement between you and McMaster relating to the Website, and supersedes any prior understandings, arrangements, commitments, communications or agreements, oral or written, between you and McMaster with respect to the Website. You should print out and/or download a copy of this Agreement and retain it for your records. McMaster reserves the right to make changes to this Agreement without notice.
20.0 Severability
20.1 If any provision of this Agreement becomes void, invalid, illegal or unenforceable, the remaining provisions will not be affected and will continue in effect as though the unenforceable provision(s) were deleted.
21.0 Waiver
21.1 If either party omits or delays to require the other party to punctually fulfill any of its obligations under this Agreement, this omission or delay will not operate as a waiver by that party of its rights under this Agreement.