Purpose of this Website
[Dr. Dallas Seitz] ("Dementia Crossroads”) has created the Clinical Practice Network and this Website ("Website”) in order to promote knowledge of the causes and management of dementia and to explore and improve "best practices” in this important subject area. The Website is meant for use only by (i) health care providers only who are governed by a regulatory College under the Regulated Health Professions Act (Ontario) or its equivalent in other provinces and territories of Canada, and (ii) persons who are members of organizations or persons with particular backgrounds that render them eligible to serve as experts on some aspects of dementia management and who have been invited by Dementia Crossroads to participate in the Clinical Practice Network.
All users of this Website are expected to exercise courtesy and community spirit in their interactions with others via this Website so that health care providers of every level of familiarity with dementia will find it both welcoming and useful.
The following Terms and Conditions ("Terms") are applicable to your use of this Website. The information provided via the Website are subject to these Terms and any policies that may be published by Dementia Crossroads from time to time. The Terms and any applicable policies comprise the entire agreement between you and Dementia Crossroads in relation to the Website and your use of it, and your membership in the Clinical Practice Network.
Acceptance of Terms
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITE.
AFTER READING THESE TERMS, TO EVIDENCE YOUR ACCEPTANCE OF THEM PLEASE CLICK ON ‘I ACCEPT’ AT THE BOTTOM. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CLICK ON ‘I DO NOT ACCEPT’ AND IMMEDIATELY DISCONTINUE USING THIS WEBSITE.
Philosophy of Clinical Practice Network
The information contained on the Clinical Practice Network Website comes from various sources. Some of the information will include information gleaned from texts and publications, and some will be experiential in nature – ‘war stories’ if you will. The Website gives its health care provider users the capability of posting questions for which responses may, in turn, be posted. The responses may come from other users, some of whom have mature experience and others of whom are still learning. ALL RESPONSES, no matter by whom they are posted, are considered to be non-authoritative, private views of private persons. NONE OF THE RESPONSES CAN BE CONSIDERED TO BE MEDICAL ADVICE OR DIAGNOSTIC ADVICE. The information is, at the end, subject to the user’s considered views and experience as a clinician and no provider of information is responsible at law for any errors either contained in the information on the Website or that are made by any user who relies on that information to his or her detriment.
YOU THEREFORE AGREE AS FOLLOWS:
- You will not regard any of the responses or information on the Website as medical advice for the benefit of any patient. In particular, no such response will be considered to be, or used as, a "second opinion” upon which anyone may rely in relation to the treatment of any patient. You will not rely, to your detriment or to the detriment of any patient or other person, upon any statement or information contained on the Website.
- You must not post any personal information (including any personal health information) on the Website nor any information that would enable a third party, with investigation, to learn the identity of any patient or any physician other than yourself.
- You must, in your postings on the Website, refrain from using rude, intimidating or unprofessional language in the expression of your views. You agree that Dementia Crossroads may remove your postings or the postings of any third party user of the Website if they are found to breach these Terms or if they are found to promote any commercial interests that are inconsistent with the purposes of the Clinical Practice Network.
- You will not hold Dementia Crossroads, its directors, officers, employees or agents or any other person who posts a response to a question appearing on the Website or who posts a statement on the Website (collectively, "Responders”) responsible for any such responses or statements or for any errors made in relation to any patient arising from use of the Website. You waive your right to sue any Responders in relation to anything appearing on the Website, on any grounds.
- You will indemnify and save harmless the Responders and each of them from all claims, suits, damages, costs and fees incurred by them or any of them arising from your breach of any of these Terms. You further agree to indemnify and hold Dementia Crossroads, its directors, officers, employees, agents, sponsors and affiliates, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website, which causes direct or indirect damage or harm to a third party or which causes any third party to bring a legal action or complaint against any of the Responders.
- You agree that Dementia Crossroads may suspend your use of the Website or bar you either temporarily or permanently from using the Website if you breach these Terms.
In order to access the services and information in this Website, you will require a separate username and password which can be obtained by completing an online registration form ("Registration Data") and maintaining and updating your Registration Data as required.
Dementia Crossroads will not disclose your Registration Data to any third party except as required by law.
YOU AGREE NOT TO HOLD DEMENTIA CROSSROADS LIABLE FOR ANY DAMAGE TO, ANY DELETION OF OR ANY FAILURE TO STORE YOUR REGISTRATION DATA.
Grant of Limited Rights
By using the Website, you assign to Dementia Crossroads all rights in and to any material you upload to the Website. You acknowledge that Dementia Crossroads may be required to précis, edit, modify or compress or perform other physical or technical processing of your uploaded information due to technical limitations on the Website and Dementia Crossroads policies, which may change from time to time. Without limiting the foregoing, Dementia Crossroads reserves the right to edit questions and responses that are posted on the Website. Notwithstanding such editing, your indemnification of Dementia Crossroads, above, will still apply.
Security of Your Account
You are solely responsible for maintaining the confidentiality of your username and password ("Login Rights”) that are used for access to the Website and for any and all online activities of anyone logging into the Website using your Login Rights. You agree to immediately notify Dementia Crossroads of any unauthorized use of your Login Rights. YOU AGREE NOT TO SHARE YOUR USERNAME AND PASSWORD WITH ANYONE.
(a) Your use of the Website is subject to all applicable laws and regulations, including Netiquette.
(b) You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic, illegal or otherwise objectionable material of any kind or nature.
(c) You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website or to use the Website to gain unauthorized access to other Dementia Crossroads computers.
(d) You agree not to upload or otherwise transmit to or through the Website any material that:
(i) infringes on any third party rights; or
(ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
(e) Your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website or transfer your rights herein. In particular, you must not use the Website to sell any product or service.(f) You must not use the Website as a source of names and addresses for the building of any database of personal information.
(g) If you do learn any personal information (including personal health information) in the course of your use of the Website, you must not exploit or disclose such personal information for any reason or purpose.
Dementia Crossroads neither endorses or assumes any liability for the contents of any material uploaded or submitted by any user of the Website. The Website acts only as a conduit for communications uploaded or submitted to the Website. Dementia Crossroads retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against Dementia Crossroads arising out of such content removal.
You acknowledge and agree that, during the course of providing the Website and the services contained in it, Dementia Crossroads may be required to grant access to a third party and/or decrypt files in response to a court order or in response to a request from law enforcement, other government authority or a regulatory body. You hereby consent to such production and waive any claim against Dementia Crossroads arising out of such court order or request.
The entire content of the Website in aggregate is owned by Dementia Crossroads, and protected as a collective work under Canadian and international intellectual property laws, treaties and conventions, including the Berne Convention for the Protection of Literary and Artistic Works. Portions of the Website are provided to Dementia Crossroads under license. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by Dementia Crossroads.
No copyright protected material may be uploaded or submitted to the Website without the permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website. You acknowledge that content, including but not limited to text, sound, photographs, video, graphics or other material contained on the Website ("Content") is owned or licensed by Dementia Crossroads and other third parties and is protected by the laws of copyrights, trade-marks and/or other rights and laws.
You may download the material available on the Website for your personal, non-commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyright protected material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, you agree that no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.
Termination of Your Login Rights
Dementia Crossroads may terminate or suspend your Login Rights, and therefore your right to access and use the Website, for any of the following reasons: (i) your breach of these Terms; (ii) termination of your relationship with Dementia Crossroads or with the Clinical Practice Network; or (iii) general inability of Dementia Crossroads to operate or maintain the Website. If termination or suspension of your Login Rights occurs by reason of your breach of these Terms, you shall have no claim against Dementia Crossroads, its directors, officers, employees or agents, by reason of such termination or suspension. If termination or suspension of your Login Rights occurs without your default, then you shall be entitled to a pro-rata refund of any fee or incremental fee you paid for access to the Website.
Access to Third Party Websites
Dementia Crossroads is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.
Modifications to Terms
Dementia Crossroads reserves the right to change the Terms from time to time. Such changes, modifications, additions or deletions shall be effective immediately. You will not be entitled to prior notification of any such change, modification, addition or deletion, but they will be brought to your attention when you log into the Website and you will have an opportunity to accept them or, alternatively, to reject them and lose your privilege of access to the Website. Your continued use of the Website after such changes, modifications, additions or deletions will constitute your: (a) acknowledgement of the modified Terms; and (b) agreement to abide and be bound by the modified Terms.
Modifications to Website and Services
Dementia Crossroads reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. Dementia Crossroads shall not be liable to you or any third party should Dementia Crossroads exercise such right.
Either you or Dementia Crossroads may terminate your relationship with the Website or with Clinical Practice Network with or without cause at any time. You agree that Dementia Crossroads may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms. If Dementia Crossroads reasonable suspects fraudulent, abusive or illegal activity, it will terminate your relationship with Dementia Crossroads and the Clinical Practice Network and Dementia Crossroads may refer such suspicions to appropriate law enforcement authorities.
Should you object to the Terms or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately: (a) discontinue use of the Website; and (b) notify Dementia Crossroads of your termination.
Dementia Crossroads shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEMENTIA CROSSROADS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEMENTIA CROSSROADS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DEMENTIA CROSSROADS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. DEMENTIA CROSSROADS MAKES NO WARRANTY REGARDING ANY SERVICES OR INFORMATION OBTAINED THROUGH THE WEBSITE.
Limitation of Liability
DEMENTIA CROSSROADS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF DEMENTIA CROSSROADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THIRD PARTY DAMAGES FOR BREACH OF CONTRACT, NEGLIGENCE, BREACH OF PRIVACY, BREACH OF LEGISLATION OR OTHER CAUSE OF ANY DESCRIPTION WHATSOEVER.
The Terms shall be governed by and construed in accordance with the laws of the province of Ontario and you agree to submit to the exclusive jurisdiction of the courts of the City of Kingston, Canada.
You agree that any cause of action arising out of or related to your use of the Website must commence within one (1) year after the cause of action arose.
The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
These Terms are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without Dementia Crossroads' prior written consent.