These terms and conditions (“Terms and Conditions”) apply to the use of the Cure&Care website (“Site”) located at http://www.cureandcareportal.com.
Cure&Care is an educational portal developed and maintained by AXON Communications Inc, and financially supported by an unrestricted educational grant from Covidien AG (collectively “Cure&Care,” “we,” “us” or “our”). AXON Communications and Covidien do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from the Cure&Care website.
By accessing or using the Site, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Site.
Cure&Care reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes.
Content and limitations on use
All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, presentations, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Cure&Care or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may print or download Content, on registration as a member, from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorisation by us.
You may not reverse engineer, disassemble, decompile or translated any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
Unless expressly authorised by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorised material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honour them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorised access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Cure&Care server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
You may not use the Site to publish or distribute any information (including software or other content) that is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Cure&Care may at any time exercise editorial control over the Content of the Site.
You may not, without the approval of Cure&Care, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
Rights and permissions
Any questions about whether a particular use is authorised and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Cure&Care published works, images or other material should be directed to firstname.lastname@example.org.
Material provided to us or posted on or through the site
We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including our blog pages, message boards, chat rooms and forums, for review by the general public, registered users of the Site or by the members of any public or private community (“Submission”) and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.
Personal information collection
Cure&Care is committed to protecting the privacy of the personal information that is collected, used and disclosed via the site. Two types of information from users of this site: personal information described below; and non-personal information such as information about traffic patterns on the site.
Personal information: To access certain portions of the site, we will require you to register and select a password. Some personal data, including but not limited to, name, institution and email address and may be collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information such as your company/institution name, professional interests, reason for visiting the site and communication preferences.
How we use your personal information: Cure&Care uses information collected on the Site for a variety of purposes, including, but not limited to, running the site and contacting users. We may use your information to communicate back to you, to update you on our products, services and benefits, to personalise the Site for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. We will always give you the opportunity to opt out of receiving such materials. We may also share your personally identifiable information with our affiliates and business successors, technical consultants, third party auditors and other third parties who make the Site available, enhance its functionality or provide services associated with the Site. Please note that we reserve the right to transfer your personal information and other information to our successors in business and the purchasers of our assets.
Non-Personal Information: In some cases, we may collect non-personally identifiable information. Examples of this type of information include the type of internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the site from which you linked to our Site. We use such information on an aggregated basis to do such things as operate and enhance the Site. We may share non-personally identifiable information with third parties for advertising, promotional and other purposes.
Notification of infringement
Notifications regarding any alleged intellectual property infringement should be directed to email@example.com.
The Site may contain links to third-party sites or resources. Cure&Care is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Cure&Care. Because Cure&Care is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
Cure&Care welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Cure&Care. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without prior written consent of Cure&Care.
Cure&Care aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Cure&Care shall not be liable for lost altered, or corrupted information or non-availability of the Site.
Disclaimer of warranties and liability
Neither Cure&Care nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that any defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site.
The site and all content, products and services included in or accessible from the site are provided “as is” and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which Cure&Care disclaims to the fullest extent permitted by law. Your use of the site and its content, products and services is at your sole risk.
To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider’s judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors.
To the extent permitted under applicable law, in no event shall Cure&Care or its suppliers or licensors be liable for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages, personal injury (including death), loss of profits, corruption or loss of data, business interruption or any other commercial damages or losses) arising out of or in connection with the use or performance of the Site or its content, products or services.
Cure&Care does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the Content, products or services contained on, accessible from or distributed through the Site.
You hereby agree to indemnify and hold Cure&Care, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising out of or in connection with your use of or inability to use the Site or its Content, products or services.
You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Site and its Content, products and services.
Governing law and venue
This agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. In the event of any dispute or controversy arising from this website, you and Cure&Care hereby consent to the sole and exclusive jurisdiction and venue of the courts of the province of Quebec.