Effective Date: 05/26/2017
Last Updated: 03/08/2018
1.0 - INTRODUCTION & ACCEPTANCE
These terms and conditions govern your use of OntarioMD.ca (the “Website”). By using the Website, you accept and agree to these conditions in full. Do not use this Website if you do not agree with these terms and conditions.
OntarioMD.ca is a service of OntarioMD Inc. (hereafter, “OntarioMD”, “we”, “us”, or “our”). As used herein, all references to "OntarioMD " mean OntarioMD Inc. and its related or affiliated entities, and their respective directors, officers, representatives, employees, consultants, agents, service providers, suppliers and licensors.
2.0 - PUBLIC AND RESTRICTED RESOURCES
This Website provides access to resources and information for members of the public, stakeholders in the healthcare sector and more specifically, users of OntarioMD-certified Electronic Medical Records (“EMRs”) and related EMR products/services offered by OntarioMD or its partners.
Certain areas of this Website require a user ID and password for access. If OntarioMD or a delegate of OntarioMD provides you with a user ID and password, or any other means to access restricted areas of the Website, including the OntarioMD.ca Portal, you must ensure that the ID, password, or other means of access are kept strictly confidential.
OntarioMD reserves the sole right and discretion to restrict access to the Website (in whole or in part), disable your user ID and password, or otherwise revoke access, without notice or explanation.
3.0 - INTELLECTUAL PROPERTY
Unless otherwise stated, all information in the Website – including, but not limited to: data, text, graphics, images, software, code, metadata, links, and audio/video files – forming part of the Website (collectively, the “Content”) provided through this Website are the sole property of OntarioMD or the respective suppliers of such Content. The Content is protected by copyright and other laws. Certain names, graphics, logos, icons, designs, words, titles, or phrases displayed in this Website may also constitute trade names, trademarks, or service marks registered in Canada, or elsewhere. The display of trademarks on the Website does not imply any licence has been granted to you for their use. Any unauthorized downloading, re-transmission, or other copying, or modification of trademarks and/or any of the Content herein may be a violation of federal or common law, and/or trademark and/or copyright laws and could subject the person to legal action.
Except as is expressly permitted in this Agreement or as may be authorized in writing by a Content supplier, you shall not (and shall not permit any other person) to, in any way or by any means:
• use Content in any manner that is competitive with the business activities of the supplier of such Content as a licensor and/or reseller of its such Content;
• sell, lease, rent, market, license, sub-license, export or transfer such Content;
• reproduce, redistribute, retransmit, publish, transfer, upload, post, frame or commercially exploit such Content;
• remove, alter or obscure any proprietary notices or disclaimers displayed with the Content;
• modify or prepare derivative works of the Content (or any portions thereof) except as is expressly permitted herein;
• reverse-engineer, decompile or disassemble the Content (or any portions thereof); or
• use the Content in violation of any applicable laws or regulations.
You agree to abide by all copyright notices, and license or use restrictions contained on the Website and in any Content on, or material accessed through, the Website. Modification of the Content or use of the Content for any purpose (including use of any such Content on any other website or networked computer environment) other than expressly permitted herein is a violation of copyright and other proprietary rights. You will not use the Website or its Content to collect, transmit, store, or exchange any material in violation of any applicable law or regulation, including material protected by copyright, trademark, trade secret, or other intellectual property rights, without proper authorization. You will use the Website and its Content ethically.
Except as expressly set out in this Agreement, you are not granted any rights in the Content. OntarioMD and the respective Content suppliers retain full and complete copyright in and title to the Content and all other intellectual property rights therein.
4.0 - ACCEPTABLE USE
You must not use this Website in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. OntarioMD assumes no liability or responsibility for any manner of using this Website to violate the laws of Canada, the Province of Ontario, or the jurisdiction through which you access the Content.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
Content provided on the OntarioMD.ca Website or Portal may be viewed and used only for its intended purposes. Website and Portal users are responsible for their use of the Website and Portal and any consequences arising from those activities, or for any misuse, failure to properly use, unauthorized viewing, use or disclosure of information, or inability to use the Website, and any Content contained therein, or accessed theeby.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any malicious software – including, but not limited to: computer viruses, spyware, worms, Trojan horses, keystroke logs, rootkits or any other malware.
Unless OntarioMD has provided you with express consent, you must not use this Website for any purposes related to marketing, to transmit or send unsolicited commercial communications, or for any data collection activities.
5.0 - LINKS
Some hyperlinks (“link(s)”) on the Website will connect the user to external domains/Websites. Such linked Websites are entirely independent from OntarioMD.ca and the existence of any link shall not be construed as any reflection on, any affiliation with, approval of, or endorsement by OntarioMD of any such site/domain or entity, or its respective information, publications, products or services. OntarioMD shall not be responsible for the contents of any site linked to OntarioMD.ca or for any further link(s) contained in a linked site. OntarioMD is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site or the entity or entities owning or operating such site, by OntarioMD. When linking to a third party site, you are leaving the privacy coverage of the Website and are subject to the privacy coverage and security of the third-party site. OntarioMD cannot and does not guarantee that the third-party web site privacy statement is the same or contains the similar provisions as the privacy policies applicable to this Website.
6.0 - SUBMISSIONS
In these Terms and Conditions, “submissions” refer to any materials – including, but not limited to: text, images, audio material, video material, and audio-visual material – that you submit to this Website, for any purpose. This includes material submitted through the OntarioMD.ca forums (“Forums”) and weblogs (“Blogs”) in compliance with any applicable Acceptable Use Policies, as amended by OntarioMD from time to time.
By submitting any information, suggestions, or ideas to the Website, you acknowledge that OntarioMD will not return these submissions to you. You acknowledge and agree that your submissions will become the property of OntarioMD. OntarioMD shall exclusively own all rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you assign all copyright in and to the Submissions to OMD and you waive all moral rights in the Submissions.
You must not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
OntarioMD reserves the sole right and discretion to remove any material submitted to this Website, stored on OntarioMD servers, or hosted or published upon this Website without notice.
7.0 - NO WARRANTIES
The Website and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. OntarioMD expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law.
While OntarioMD endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that:
(i) the Website or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose,
(ii) that the operation of the Website will be uninterrupted or error-free,
(iii) that defects or errors in the Website or the Content will be corrected,
(iv) that the Website will be free from viruses, malware, worms or other harmful components; and
(v) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind – including, but not limited to: legal, medical, or financial advice. Never disregard professional advice or delay in seeking professional advice because of something you have read on this Website.
8.0 - LIMITATIONS OF LIABILITY
Subject to applicable law, in no event shall OntarioMD, its officers, partners, employees, consultants, agents, or licensors be liable for damages of any kind – including, without limitation, any: direct, special, indirect, punitive, incidental or consequential damages. This includes, without limitation, any damages related to: loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if OntarioMD knew of or ought to have known of the possibility of such damages
9.0 - REASONABLENESS
10.0 - SEVERABILITY
If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.
11.0 - INDEMNIFICATION
To the maximum extent permitted by applicable law, you will defend, indemnify and hold OntarioMD harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising from:
(i) any material breach of this Agreement by you, including provisions under the Acceptable Use Policy;
(ii) your use or misuse of the Website, the Content, or any product or service available through the Website; and
(iii) Content submitted by you and its inclusion on the Website.
12.0 - PRIVACY
The Website is not intended as a medium for the collection, use or disclosure of the personal information in respect of any patients. Accordingly, do not submit any personal information about patients to the Website in any manner. In no event shall OntarioMD otherwise collect, use or disclose any patient information in your custody or control.
You acknowledge that updating your Registration Information with OntarioMD may automatically update your OMA membership data.
Although OntarioMD and its suppliers and service providers are not obligated to monitor the use of any of the products and services made available through the Website, OntarioMD or its suppliers or service providers may do so subject to all applicable laws when they have a reasonable belief that this Agreement has been breached, is being breached or is likely to be breached.
13.0 - SOCIAL MEDIA
Social media platforms are third-party service providers and are not bound by OntarioMD’s standards for Web accessibility. If you have difficulty accessing content on our social media accounts, please contact us and we will try to solve the problem or provide you with the information in a different format. OntarioMD’s use of social media serves as an extension of its presence on the Web. Social media accounts are public and are not hosted on OntarioMD servers. Users who choose to interact with us via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications you use to access them. For more information, please refer to our Privacy Notice regarding third-party social media.
14.0 - SECURITY
You recognize and agree that:
(1) The Internet is not a secure medium. Accordingly, the privacy of your communications (including but not limited to communications by secure e-mail), the privacy of your visits to this Website, and the privacy of your use of Content cannot be guaranteed.
(2) The nature of Internet communications means that your communications (including but not limited to communications by secure e-mail service) may be susceptible to data corruption, unauthorized access, interception and delays; the Website and the Content may include incomplete information, inaccuracies or typographical errors; and OntarioMD and any other party involved in the management of the Website may make changes to the Website and the Content at any time without notice.
15.0 - ENTIRE AGREEMENT
These terms and conditions of use and any policies, guidelines or other agreements posted or provided by OntarioMD constitute the entire agreement between OntarioMD and you with respect to your use of the OntarioMD.ca Website. Notwithstanding the foregoing, any products or services which you use through the OntarioMD.ca Website shall be subject to all terms and conditions relating to such product or service provided to you from time to time including, without limitation, all terms and conditions posted on the OntarioMD.ca Website and all terms and conditions delivered to you (in any manner or form) in connection with any products or services accessed or used.
16.0 - JURISDICTION
You agree and acknowledge that your use of this Website, any Content, and any products or services made available through the Website shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that this Agreement, and any disputes in connection or arising from with this Agreement, and document incorporated by reference in this Agreement, your use of this Website, any of its Content or any services made available through the Website, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto.
17.0 - ADVERTISEMENTS AND PROMOTIONS
To the extent that you choose to deal with advertisers or participate in promotions on the Website, any terms, conditions, representations or warranties associated with your dealings are strictly between you and the advertiser. OntarioMD hereby disclaims any responsibility or liability in respect of such dealings.
18.0 - REGISTRATION
To sign up for OntarioMD services, including without limitation, to subscribe to any newsletters or publications and to register any of our events, you may be asked to complete an online registration form. You agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
19.0 – SURVIVAL
All of the provisions of this Agreement (and any documents incorporated by reference) that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of this Agreement and you agree to remain bound by those provisions.
20.0 - CHANGES AND TERMINATION
21.0 - NOTICE OF CHANGES