Updated January 2018
TERMS AND CONDITIONS OF WEBSITE USE
The Life and Death Matters website www.lifeanddeathmatters.ca (“Website”) offers learning resources, a resource centre and online education to increase the capacity of individuals to provide excellent care for dying people and their family. Any use of our Website is subject to the following terms and conditions. By using the Website, you are agreeing to be bound by these terms and conditions. If you are not prepared to accept these terms and conditions, please do not use our Website.
DISCLAIMER: THIS WEBSITE, ALL MATERIALS, DOCUMENTS AND MULTIMEDIA ACCESSIBLE FROM THE WEBSITE INCLUDING MANUALS, WORKBOOKS, NEWSLETTERS, PODCASTS, VIDEOS, PRESENTATIONS, ARE INTENDED TO INCREASE THE CAPACITY OF INDIVIDUALS TO PROVIDE CARE FOR THE DYING AND PROVIDED FOR INFORMATION ONLY AND ARE NOT INTENDED TO BE USED TO SUBSTITUTE OR REPLACE APPROPRIATE MEDICAL OR HEALTH PROFESSIONAL ASSISTANCE, ADVICE, DIAGNOSIS AND TREATMENT. YOU ARE ADVISED TO CONSULT A MEDICAL OR OTHER HEALTH PROFESSIONAL FOR ALL ADVICE, DIAGNOSIS OR TREATMENT.
1. Binding Terms. Please read the terms and conditions of the Website carefully before using the Website. These terms and conditions govern the use of this Website, its content and services provided through the Website. Each time you use, access and read the Website, you signify your acknowledgement and acceptance of the terms and conditions set out below. Any use of the Website or any portion thereof shall be governed by these terms and conditions of use. If you disagree or do not wish to be bound by these terms and conditions of use do not use, access or read this Website.
2. Right to Change. We may add to, remove, modify or otherwise change any part of the terms and conditions and reserves the right at its sole discretion to amend or change these terms and conditions at any time and such amendments or changes shall be effective as of the date in which they are posted on the Website. You should check the terms and conditions frequently for changes by checking the date this page was last updated, at the top of the page. You agree to be bound by such amendments and changes made from time to time and your continued use of the Website shall constitute agreement to be bound by these revised terms and conditions of use.
3. Right to Termination or Suspend. We may terminate, change, suspend or discontinue any aspect of this Website at any time without notice. Without limiting the generality of the foregoing, we may change the availability of features, institute new or change existing fees or charges for the use of the Website or any features thereof, add, remove, modify or otherwise change any content of the Website, impose limitation on certain features or restrict access to parts or all of the Website. We reserve the right but have no duty or obligations to correct any errors or omissions in any portion of the Website at any time without notice.
4. Copyright License. We grant to you a worldwide, non-exclusive, royalty-free revocable license to:
- View this Website and the materials on this Website on a computer or mobile device via a web browser;
- Copy and store this Website and the materials on this Website in your web browser cache memory; and
- Print pages from this Website for your own personal and non-commercial use.
- All other rights to the Website and any and all materials on this Website are reserved to us.
5. Enforcement of Copyright. We take the protection of copyright very seriously. If we discover that you have used copyright of the Website and or any of the materials of the Website in contravention of the copyright license provided herein, we may bring legal proceedings against you seeking monetary damages and equitable relief in the form of an injunction to stop you using the Website and or its materials. You could also be ordered to pay legal fees and costs of such action. If you become aware of any use of our copyright materials that contravenes or may contravene our copyright license or any material on the Website that may infringe your or another third party’s copyright, please report this by email to: firstname.lastname@example.org or by post to Life and Death Matters at 2958 Lamont Road, Saanichton, BC V8M 1W5.
6. Permission to use Copyright for Other Purposes. You may request permission to use our copyright materials on the Website for other purposes by writing to email@example.com or by post to Life and Death Matters at 2958 Lamont Road, Saanichton, BC V8M 1W5.
7. Online Courses and Forums. You may use the Website to access our online education program and forums by registering a new account. As a registered account holder, you may register for our online courses, receive our newsletter and participate in our forums. These terms and conditions of the Website apply to any access and use of our online courses, newsletter and participation in forums. We reserve the right to delete any content posted by you through our online courses or in our forums which in our sole discretion breaches these terms and conditions.
8. Online Content. We reserve the right in our sole discretion to reject, refuse to post or remove any content posted by a user of the Website or account holder or suspend, terminate or refuse a user and or member’s access to the Website for any reason in whole or in part with or without notice at any time and without liability. Each user to the Website represents and warrants that all the information provided to our Website is true and accurate, your use of the Website does not violate any of the laws of your jurisdiction and that you are 18 years of age or older. In the event that there is a breach of any of these representations and warranties, your right to use the Website shall immediately terminate.
9. Your Account. You may register for online education by completing the online registration process; When you register, you will be assigned a login ID and you are free as a user to choose your own password and you are responsible for keeping your login ID and this password confidential and are not to share your login and password with any third party. You agree to notify us of any suspected unauthorized use of your login, password or account. You are solely responsible for all your activities that occur under your account and password. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel sales order in our sole discretion. The use of false registration information or creating multiple accounts for abusive use for the purpose of disruption or to avoid detection may result in permanent sanction or suspension of all associated registrations.
10. Trademarks and Intellectual Property. Life and Death Matters and its logo are the property of Murray Management Inc. Certain other trademarks, trade names and logos on the Website are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Website. All content that forms part of the Website are subject to intellectual property rights including copyright and trademarks held by or licensed by us. All rights are expressly reserved. All use of the Website shall display our copyright and any other proprietary notices . You may not frame or utilize framing techniques to enclose any of our trademark, logo or other proprietary information including images, text, page layout, or form of , our affiliated companies, partners or suppliers or use any Meta tags or any other “hidden text” utilizing our name or trademarks without our prior written consent. You may not use our logo or other proprietary graphic or trademark design as part of any link without our prior written consent. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect this Website. Unauthorized reproduction of the Website, or any portion of the Website, may result in severe civil and criminal law penalties. We shall enforce these intellectual property rights to the fullest extent of the law. You agree not to challenge or assist others to challenge any of our marks and or registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to any our marks. You further agree that all other trademarks and services marks not owned by us or our affiliated companies that appear on our Website are the property of their respective owners, and their use requires the permission of the respective owner. We respect the intellectual property of others and we ask our users to do the same.
11. Ownership of Website and Website Materials. All information and screens appearing on the Website including documents, manuals, workbooks, podcasts, videos, presentations, online courses, newsletters software, services, graphics, text elements, site design, logos, images and button icons, as well as the selection, assembly and arrangement thereof , tutorials, videos, including all designs, any downloadable programs and services including trade names, and trademarks are owned or licensed by, operated and are the exclusive or licensed property of Murray Management Inc., contain copyrighted material, trademarks, and other proprietary intellectual property and cannot be used for any commercial purpose without the express prior written consent of Murray Management Inc.. As a registered account holder you retain ownership to all right title and interest to your content . We own all web pages and other images on the Website.
12. Unauthorized Activities and Restrictions. You agree that your use of the Website and Website materials are subject to the following restrictions and that in the event that you breach any of the restrictions of use, we have the right to immediately suspend access to the Website and Website materials.
(a) Each user of the Website is a single account holder and no user may permit, authorize or allow another user to use their account and shall not share their account or user passwords.
(b) Any url for a test site that is posted to a forum is for testing purposes only and is not to be used for any other purpose or shared with any third party for any other reason.
(c) Any posting of information or materials from the Website requires our express written consent.
(d) The use of any third party content by a user on the Website is strictly prohibited.
(e) Any linking of a website owned or controlled by you must comply with our linking requirements as follows:
(i) link must be established to a page of the Website approved by us;
(ii) may not misrepresent your relationship with us or present false or misleading impressions about us;
(iii) may not contain content that may be interpreted as distasteful or offensive;
(iv) we shall have no responsibility or liability for any content appearing on your website;
(v) We may at any time, in its sole discretion, immediately terminate your link to the Website, with or without cause. If we exercises this right, you will immediately remove all links to the Website.
(f) The use of a frame or mirror of any content or images on any other server or Internet-based device or use of any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any other purpose outside the Website without our express written consent of is strictly prohibited.
(g) As a user you are strictly prohibited from selling, transferring, copying, distributing, redistributing, recompiling the Website and Website materials without our express written consent.
(h) Not to solicit or spam other users to the Website or use the forums and invitation system or for any other purpose other than as provided.
(i) Not to use any information or material from the Website in any manner or engage in any activities including any and all use of the trademarks or copyright works contained on the Website or in the Website that infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
(j) Not acquire any right, title or interest in the Website or through use of the Website and agree to abide by copyright and other proprietary notices contained therein.
(k) Not to distribute to or otherwise disseminate through the Website or any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity.
(l) Not to use the Website to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items.
(m) Not to provide information or participate in activities that will result in the transfer to our Website of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of our Website’s systems, programs, content, information or applications or use tracking and or monitoring of functionality in connection with the Website, including, without limitation, to identify other Users’ views, actions or other activities on the Website.
(n) Not to bypass any measures that we have taken to restrict access to our Website without our express written consent and you shall not engage in activities that would interfere with the operation of our Website or Website activities.
(o) Not to deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access our Website.
(p) Not to impose an unreasonable load on our Website infrastructure that would affect the operation of our Website.
(q) Not to advertise to, or solicit to buy or sell any products or services through the unauthorized or impermissible use of the Website or to send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Website.
(r) Not to circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Website or to cover or obscure online advertisements or safety features of pages of the Website.
(s) Not to attempt to impersonate another user, person or entity or representative in your use of the Website.
(t) Not to use or distribute any information from the Website to or attempt to harass, abuse or harm another person or entity.
(u) Use invalid or forged headers to disguise the origin of any content uploaded to the Website or through the Website misrepresent yourself or the source of any content or information.
(v) Use any computer program or system to harvest information including addresses or other data of user from the Website for any purpose unrelated to the Website.
(w)Directly or indirectly engaging in activity such as click throughs in a coercive, misleading, malicious or fraudulent manner.
(x) Not to upload, download, post, email or otherwise transmit content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(z) Not to post content that violates this Agreement or disrupts or interferes with the security of, or otherwise abuse the Website and Website Materials, system resources, accounts, servers, or networks connected to or accessible through and the Website.
(aa) Not to access, tamper with or use non-public areas of the Website or disrupt or interfere with any other user’s enjoyment of the Website.
(bb) Not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the content on the Website, caption information, or any other material on the Website or products.
13. Warranties and Representations. THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITE OR WEBSITE MATERIALS IS WITH YOU. WE DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE AND WEBSITE MATERIALS OR PRODUCT DESCRIPTIONS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY US OR BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. WE DO NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES BUT SUCH DISCLAIMERS OF WARRANTY ABOVE SHALL APPLY TO THE GREATEST EXTENT OF THE APPLICABLE LAWS. WE DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS. We specifically disclaims any responsibility for the accuracy, content or availability of information found on websites that link with this Website or from third parties websites.
14. Limitation of Liability. By using our Website, you assume all liability and risk for use and absolve us of any liability for use of the Website. The user’s entire remedy shall be to discontinue use of the Website and Website Materials. In no event will our liability to you extend to any lost of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Website, or for any claim by any other party, even if we has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, WE RELY ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.
15. Indemnification. To the extent permitted by the laws of your jurisdiction, you agree to indemnify us from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Website by you or from your breach of the Terms and Conditions of Use. You agree to notify us immediately upon becoming aware of any unauthorized use of the Website and take all reasonable steps to prevent subsequent unauthorized use. We reserves the right, in our sole discretion and at our own expense, to defend any such action or claim and you agree to co-operate fully with any such defense.
16. Third Party Websites. This Website may contain links to your website or other third party websites. All other websites are independent from our Website. We has no control over your website or any third party websites and we disclaim any liability for your website or third party websites or their content. Any use by you of such third party websites, the end-user, is at your sole discretion and risk. We assume no responsibility or obligations for any such use of third party websites. The provision of any link does not constitute any endorsement of such linked websites, their contents, information appearing on the website or any products or services described on the websites by us. The fact that a website is linked to the Website does not imply that we sponsor, endorse or are affiliated or associated with the entity that owns or is responsible for the website.
17. Privacy. As a user or member the Website, you also agree to be bound to the our privacy statement and if you do not agree then please discontinue use of this Website. Our Website does not knowingly contact or collect personal information from children under the age of 18. Our Website is not intended to solicit information of any kind from children under 18, and we have designed our Website to block our knowing acceptance of information from children under 18 whenever age-related information is requested. It is possible that by fraud or deception we may receive information pertaining to children under 18. If we are notified of this, as soon as we can confirm the information, we will immediately contact and obtain parental consent and or delete from our servers. We will not sell, rent or distribute personal information collected to any other third party. To the extent that information is collected regarding your use of the Website, you authorize us to use such information for the purpose of providing the Website and Website materials. Should you not wish to give such authorization, then you must notify us to the contrary by emailing us at firstname.lastname@example.org Notwithstanding such notification, we reserve the right at all times to disclose such information about your use of our Website necessary to meet any law, regulation, government request or court order. You acknowledge and agree that we cannot ensure or guarantee your secure access or privacy on our Website given that no transmission over the Internet can be guaranteed to be 100% secure and as result any use of the Website shall be at your sole risk.
19. Online Transactions. In order to protect both you and us from fraudulent transactions, we will make use of a third party organization to perform credit card verification and processing and all other financial transactions. All prices listed on the Website are in Canadian dollars, unless otherwise noted, and charges will be processed in Canadian dollars. By law, some transactions on the Website cannot be reversed. For these types of transactions, no refund or credits can be issued.
20. Survival of Obligations. The obligations pursuant to the provisions of 9, 10, 11, 12, 13 and 14 survive the termination of these Terms and Conditions of Use.
21. Termination. Your right to use this Website is subject to your continued compliance with these Terms and Conditions. We reserve the right to terminate your ability to use the Website automatically without notice should you breach of these Terms and Conditions. We may in our sole discretion rather than terminate your ability to use the Website and advise you of your inappropriate use of the Website and recommend corrective action. In the event that these Terms and Conditions are terminated, you agree to destroy all materials obtained by you from the Web site and any and all copies thereof.
22. General Terms. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing this Website, you agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable therein. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily. Any disputes under these Terms and Conditions of Use shall be governed by the laws of the Province of British Columbia and laws of Canada where applicable, without giving effect to any conflict of laws principles. These Terms and Conditions of Use and any directions, policies, rules or guidelines posted on the Website shall constitute the entire agreement between you and us. Should we waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement. If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals therefrom have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.
WEBSITE DISCLAIMER No warranties This website is provided “as is” without any representations or warranties, express or implied. Life and Death Matters makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Life and Death Matters does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete and comprehensive information for each reader,
- the information on this website will be interpreted correctly by each user.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
Limitations of Liability Life and Death Matters will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free‐of‐charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Life and Death Matters has been expressly advised of the potential loss. Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Life and Death Matters liability in respect of any:
- death or personal injury caused by Life and Death Matters negligence;
- fraud or fraudulent misrepresentation on the part of Life and Death Matters; or
- matters which it would be illegal or unlawful for Life and Death Matters to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties You accept that, as a limited liability entity, Life and Death Matters has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Life and Death Matters officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Life and Death Matters officers, employees, agents, subsidiaries, successors, assigns and sub‐contractors as well as Life and Death Matters. Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.