Terms Of Use
 
 

    PLEASE READ THESE TERMS AND CONDITIONS


    The term "OCHPP" as used in these terms and conditions means the Ontario Community Health Profiles Partnership. OCHPP is comprised of the member entities listed under the heading "Partners" under the tab "About Us" on the Site (each a "member of OCHPP".

    The word "you" as used in these terms and conditions means you, the individual accessing this Ontario Community Health Profiles Web site (the "Site"), and any organization on whose behalf you are accessing this Site (the "Organization").

    IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF THIS SITE. If you do agree to these Terms, please indicate your acceptance of them by clicking on the box marked "Agree" below. This acceptance and your access to, and continued use of, this Site indicate your acceptance of these terms of use ("Terms of Use").

    These Terms of Use may be revised at any time, without notice. Your continued use of the Site will mean that you accept those changes.

    USE OF THE SITE
    You are hereby authorized to view, download, reproduce, modify, publicly display, distribute and otherwise use the data, materials, and other information stored in, accessible from, or generated by, the Site (the "Content"), only for non-profit, community-based purposes relating to health or wellbeing. You are not permitted to make any use whatsoever of the Site or the Content for any commercial purpose, for any illegal purpose or for any other purpose that violates the legal rights of any individual, person or entity.

    OWNERSHIP OF CONTENT
    You have no intellectual property right, title or interest in the Content. No ownership rights in or to the Content are transferred to you by these Terms of Use. The copyright, intellectual property rights and other rights in and to the Content which are not expressly granted by these Terms are reserved by the owners thereof.

    ATTRIBUTION
    Whenever you make any distribution, publication or other use of any of the Content, you must include a notice in writing that Ontario Community Health Profiles Partnership is the source of that Content.

    SITE CONTENT MAY NOT BE ACCURATE OR CURRENT
    Information provided on or through the Site is based on data provided by many different organizations. Although efforts are made to ensure that the Content is current and accurate, errors do occur.

    SITE CONTENT MAY CHANGE
    OCHPP may make changes to the Content and to the services provided through the Site at any time without notice.

    NO WARRANTY
    All access to, and use of, the site and the Content is provided to you "as is" and you use them at your own risk. You acknowledge and agree that there is no representation, warranty, condition or other promise of any kind, express or implied, statutory or otherwise, including as to non-infringement, completeness, accuracy, reliability, currency, veracity, merchantability, or fitness for a particular purpose, given by OCHPP, any member of OCHPP or by anyone else, in relation to the Site or the Content.

    LIMITATION OF LIABILITY
    You acknowledge that OCHPP and the members of OCHPP are not responsible for any liability, claims, demands, losses, costs, damages, expenses, (including strict liability in tort), or for any actions, causes of action, suits, or other proceedings made, sustained, brought or prosecuted by anyone, in any manner based upon, occasioned by or attributable to:
    (a) anything done or omitted to be done by OCHPP or any member or members of OCHPP;
    (b) all or any part of the Site or all or any part of the Content; or
    (c) the use of the Site or of any of the Content by you or anyone else.

    INDEMNITY
    You agree to indemnify and hold harmless OCHPP and each member of OCHPP, their directors, officers, agents and employees (the "Indemnified Parties"), from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively, "Claims"), by whomever made, sustained, incurred, brought or prosecuted, in any way based upon, occasioned by or attributable to anything done or omitted to be done by you in connection with: (a) any breach of the Terms of Use by you; (b) any use of or access to the Site or the Content by you; and (c) any infringement or violation by you of the intellectual property rights, or any other rights, of any person, entity or organization, including any copyright. You further agree to indemnify and hold harmless the Indemnified Parties for any incidental, indirect, special or consequential damages, by any person, entity or organization, including, without limitation, OCHPP and each member of OCHPP, claimed or resulting from such Claims. The obligations contained in this paragraph shall survive these Terms of Use and the use by you of the Site.

    COPYRIGHT INFORMATION
    The Content is protected by copyright (unless otherwise indicated), which is held by the OCHPP members or other Content providers.

    EXTERNAL LINKS DISCLAIMER
    There are Web sites linked to and from the Site that are not operated or created by OCHPP ("Linked Sites"). OCHPP is not responsible for: the operation of any Linked Sites; information (including any interpretation, comments or opinions) found on Linked Sites; or the right to display of any such information. The linking to or from the Site does not imply, on the part of OCHPP or any member or members of OCHPP, any endorsement or guarantee of any of the organizations or information (including the right to display such information) found on any Linked Sites. Any comments or inquiries regarding any Linked Site are to be directed to the organization for which the particular Linked Site is being operated.

    LINKING AND LOGO POLICY
    By linking to any page on the Site, you hereby agree to be bound by the OCHPP's linking and logo policy, which is as follows.
    (a)
    Except as provided below:
        (i)   OCHPP prohibits caching, use or posting of unauthorized hypertext links to the Site and the framing of any content available through the Site;
        (ii)  You are prohibited from linking to any page on the Site other than the Site home page or a page designated and approved by OCHPP as
              communicated to you by OCHPP in writing; and
        (iii) any link to the Site must open a new browser window.
    (b)
    Links to the Site may be by text only and may only read "OCHPP" or "Ontario Community Health Profiles Partnership".
    (c)
    By linking to the Site, you acknowledge and agree that, other than as set forth in these Terms of Use, all intellectual property rights in respect of the Site and the Content, including all rights to the trade-marks used on the Site, as well as the Content and the design of the Site, belong to OCHPP or its licensors.
    (d)
    You must not misrepresent your relationship with OCHPP or present false or misleading impressions about OCHPP. No links to the Site or a page of the Site may be used in a manner that implies or suggests that OCHPP approves or endorses you, your Website or your goods and services (except as OCHPP may have agreed separately with you in writing).
    (e)
    OCHPP shall have no responsibility or liability for any Content appearing on your Website. You agree to indemnify, defend, and hold harmless in accordance with the "INDEMNITY" provisions above, the Indemnified Parties, against all claims arising out of, or based upon, your Website.
    (f)
    No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or otherwise unlawful, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
    (g)
    OCHPP reserves the right at any time and in its sole discretion to request that you remove from your Website, all links or any particular link to this or any other Website of OCHPP or any of its members or a page of this or any other the Website OCHPP or any of its members.
    * Upon OCHPP's request, you shall immediately remove all links to the relevant page or pages on the Site and on any other Website of OCHPP and cease using the "OCHPP" name for linking purposes. Thereafter, any future links to a page on this or any other Website of OCHPP will require the prior written permission of OCHPP.

    GENERAL
     •  You expressly agree that the Site will be deemed solely based in Ontario, Canada.
     •  These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws principles. You expressly agree that all claims, actions, disputes and controversies, relating in whole or in part to the Site, will be decided exclusively by a court of competent jurisdiction located in the Province of Ontario.
     •  These Terms of Use and any other legal notices published on the Site constitute the entire agreement between you and OCHPP and any member of OCHPP concerning the Site.
     •  In the event that one or more of the provisions contained in these Terms of Use is held, for any reason, to be invalid, illegal or unenforceable in any respect, no other provisions contained in these Terms of Use will be affected or impaired thereby.
     •  No waiver of any provision of these Terms of Use will be deemed a further or continuing waiver of that provision or of any other provision, and no failure or delay by OCHPP in exercising any right, power or remedy granted under these Terms of Use or now or hereafter existing in equity, at law, by virtue of statute or otherwise, will affect or operate as a waiver of that right, power or remedy.

    I HAVE READ THESE TERMS OF USE AND I ACCEPT AND AGREE TO BE BOUND BY THEIR PROVISIONS.
 
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