Updated January 2015
TERMS AND CONDITIONS OF WEBSITE USE TheLife and Death Matters website www.lifeanddeathmatters.ca (“Website”)offers a learning resource, resource centre and online education to increase the capacity of individuals to provide excellent care for the dying. 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 of 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: [email protected] 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 protected] 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.
- 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.