Terms of Use

The Canadian CML Network

Terms of Use

Last Updated: September 15, 2015

 

ACCEPTANCE OF TERMS

This Agreement is a legal agreement between you and The Canadian CML Network (“CML Network”). By indicating your acceptance by clicking on an enrollment confirmation button, using your username or password, submitting any information, or by using or accessing The Canadian CML Network website at www.cmlnetwork.ca (“Site”), you are agreeing to be bound by the terms of this Agreement.

Please read the following Agreement carefully before accessing the Site or submitting information to CML Network. This Agreement governs your use of the Site, submission of content and acceptance of the terms of this Agreement. If you do not agree to the terms of this Agreement, do not access or use the Site or submit information.

If you have any questions or concerns about the terms of this Agreement please contact CML Network at info@cmlnetwork.ca.

CML Network may update or modify this Agreement or any other document referenced in the Site by posting the amended Agreement or document on the Site. Please review this Agreement and the Site periodically for any updates and changes. Any amended or modified terms will be effective upon posting. The date of the latest revisions will be posted at the top of the Agreement or document.

There are different access rights to the information that may be posted and viewed on the Site based on your credentials and authorized access. Unless otherwise noted, all provisions of this Agreement apply to you.

1. INTRODUCTION

The Canadian CML Network provides support for individuals with CML as well as their families, friends, and care teams through its website at www.cmlnetwork.ca (the “Site”).

 

2. NOT MEDICAL ADVICE

All content provided on this Site is provided for informational purposes only. This Site does not provide medical advice, diagnosis or treatment. The Site and its services are not a substitute for professional medical advice and treatment. Consult your physician with any questions or concerns regarding your health. If you are having a medical emergency, do not use this Site to communicate with your physician or any other person that may have access to this Site.

 

3. SITE UPGRADES, UPDATES AND FUNCTIONALITY

CML Network may periodically provide updates and upgrades of the Site. This may affect your use of the Site. CML Network reserves the right to add or remove functionalities or features, or to suspend or stop a service altogether. This Agreement applies to updates or upgrades to the Site, if any, provided by CML Network unless CML Network provides other terms along with the updates or upgrades. In case of a conflict between such terms and this Agreement, the other terms will prevail.

 

4. SPECIFIC TERMS OF USE

a) Use Protocol

In order for you to be able to use certain areas of the Site, you may be asked to provide certain data to CML Network, including but not limited to your full name, e-mail address and contact details. If your contact information changes, please be sure to update your user profile after logging into the password protected or secured areas of this Site, as these areas are restricted to authorized users only.

In the event that the URL is changed, CML Network will endeavour to notify you.

b) Use of the Site

In your use of the Site, you shall:

  1. comply with the security and administrative rules as notified in conjunction with registration, by e-mail, as made available on the Site, or in any other manner;
  2. not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any information that you are exposed to through this Site;
  3. undertake, in conjunction with registration, to provide correct information regarding your identity and a correct and legitimate e-mail address;
  4. ensure that identities, passwords, and equivalent obtained by the you in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties and you are responsible for maintaining the confidentiality of your user name and password;
  5. inform CML Network where it is suspected that any unauthorized person has become aware of the user identity and/or password, by sending an email outlining your concern to privacy@cmlnetwork.ca; or
  6. be liable for any unauthorized use of the user name and password and for all resulting losses or damages

c) Usages Restrictions

You agree not to:

  1. decompile, disassemble, reverse engineer or otherwise seek to reduce the Site to a source code form or otherwise derive the source code;
  2. alter, modify the Site or create derivative works based on the Site;
  3. copy, reproduce, distribute, modify or in any other manner duplicate the Site, in whole or in part;
  4. allow access to the Site by any person other than as expressly permitted in this Agreement;
  5. provide, disclose, divulge or make available to, or permit use of the Site by any third party without CML Network’s prior written consent;
  6. try to access the Site using a method other than the interface and the instructions that are provided; or
  7. sell, sublicense or lease any part of the Site.

d) Currency and Accuracy of Information 

The information on this Site is provided “as is” and CML Network does not make any representation or warranty of any kind as to the quality, accuracy, currency or completeness of the content on this Site. Use of the Site or the content is at your risk. In no event will CML Network be liable for any damages of any kind resulting from the use of or the inability to make use of the Site or the content.

e) Information Provided to the Site

Any information provided by you in connection with the Site shall not:

  1. be false, inaccurate or misleading or obscene;
  2. contain any computer malware or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  3. create liability for CML Network or cause any loss to CML Network; or
  4. infringe or otherwise violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, copyrights, any intellectual property right of CML Network or any other third party.

f) Links

This Site may contain links to third party websites. CML Network is not responsible for the content of other sites and expressly disclaims all liability with respect to actions taken or not taken based on content received from a third party website linked, in any way, to this Site. The link to another site is not to be construed as an endorsement of the host, the site or the information contained in the site.

g) System outages

This Site may be subject to outages, interruptions, attacks by third parties and delay occurrences (“Interruptions”). CML Network shall have no liability in the event of an Interruption and a resulting unavailability of the Site. CML Network may take steps to remedy the situation that it considers appropriate in the circumstances within its capacity as it considers necessary to enable the Site to perform its intended functions. CML Network does not warrant that such efforts will be successful. If CML Network chooses to take efforts and those efforts are not successful, you may terminate this Agreement and cease using the Site.

h) Age

You must be the age of majority to use the Site and submit information to CML Network.

 

5. SUBMISSION AND CONSENT

a) Consent to Use of Data Submitted

CML Network has provided through the Site the Consent to use information forms for information submitted by you that must be signed by you prior to your submission of information. If you have not signed a Consent form, you should not submit any information.

b) Submission of Information

When you submit content to the Site, you grant CML Network the right to use the information in accordance with rights set out in the Consent. Any factual inaccuracies or errors in any information submitted can be corrected by an individual based on the access and modification authorities assigned to that individual by the Program.

c) Privacy Policy

The CML Network privacy policy is located on each page of the Site and that privacy policy is incorporated into this Agreement (“Privacy Policy”). You agree that you have read and understand the terms of the Privacy Policy.

 

6. TERM AND TERMINATION

This Agreement shall be effective upon your agreement to be bound by the terms of this Agreement, (as manifested by the conduct described in the Acceptance of Terms provisions above).
This Agreement shall end and CML Network reserves the right, in its sole discretion, without any liability arising from or related to such termination, to terminate this Agreement for any reason at any time.

 

7. EXPORT RESTRICTIONS

This Agreement involves products and/or technical data that may be controlled under the Canadian export control laws and may be subject to the approval of Canadian governmental authorities prior to export. Any export, directly or indirectly, in contravention of Canadian export control laws, or any other applicable law, regulation or order, is prohibited.

 

8. NO WARRANTY AND LIMITATION OF LIABILITY

a) Disclaimer of Warranty
THE SERVICES PROVIDED UNDER THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND BY CML NETWORK. CML NETWORK DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABLE QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED.CML NETWORK SHALL HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH CML NETWORK OR IN CONJUNCTION WITH CML NETWORK’S SERVICES. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY.Some jurisdictions provide for certain warranties, to the extent permitted by law, CML Network excludes all warranties.

b) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CML NETWORK SHALL HAVE NO OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY.AND IN NO EVENT SHALL CML NETWORK BE LIABLE FOR:

i) ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR SITE;

ii) ANY THEFT OR LOSS OF PERSONAL HEALTH INFORMATION AS THAT TERM IS DEFINED BY THE PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004 (ONTARIO) (“PHIPA”) OR PERSONALLY IDENTIFIABLE INFORMATION THAT IDENTIFIES AN INDIVIDUAL THAT IS NOT PHI (“PII”)OR ANY USE, DISCLOSURE OR ACCESS TO PHI OR PII BY OR TO UNAUTHORIZED PERSONS; OR HAVE ANY RESPONSIBILITY FOR THE ACCURACY OF ANY DATA OR INFORMATION PROVIDED TO IT BY ANY PERSON WHO HAS ACCESS TO THE SITE; OR

iii) OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF CML NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

 

9. INTELLECTUAL PROPERTY

You acknowledge and agree that the Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. There is no transfer to you of any title to or ownership of the Site and this license shall not be construed as a sale of any rights in the Site. You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or rights in any confidential information or trade secrets, in or relating to the Site or the Program or any part thereof and you do not acquire any rights in or related to the Site or the Program or any component of the same other than the rights expressly licensed to you under this Agreement.

All contents, text, images, data, information and other material displayed, available or present on this Site, including any trademarks or copyrights, are the property of CML Network or the designated owner. You agree not to:

  1. infringe upon or dilute any intellectual property of any entity contained on this Site or licensed to you;
  2. remove, obscure or modify any trademark, copyright or other proprietary notice appearing on this Site or the Site;
  3. use any branding or logos used in the Site or Site; or
  4. link to, reproduce, sell, publish, distribute, modify, or display this Site or any content without the prior written permission of CML Network.

CML Network and its suppliers reserve all rights not granted.

 

10. GENERAL

a) Entire Agreement
With respect to its subject matter, this Agreement, including the Schedules to this Agreement, contains the entire understanding of the parties and supersedes and replaces all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting your use of the Site.

b) Severability
If any term or condition of this Agreement or the application thereof, to any person or circumstances is to any extent invalid, illegal or unenforceable in any respect, the remainder of this Agreement shall not be affected by the invalidity, illegality or unenforceability of the particular term or condition or the application thereof.

c) Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (excluding any conflict of laws or principle which might refer such construction to the laws of another jurisdiction). The Parties agree to submit to the jurisdiction of the courts of the province of Ontario.

d) Waiver
Any delay or failure by CML Network, at any time or times, to require performance of any provision of this Agreement shall in no manner affect CML Network’s right at a later time to enforce such provision. No delay or failure by CML Network in exercising any right under this Agreement shall constitute a waiver of such right or any other rights under this Agreement.

e) Assignment
You may not assign your rights or delegate your responsibilities under this Agreement without the express written permission of CML Network. CML Network may, at any time, assign its rights or delegate its obligations under this Agreement without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement.

f) Survival
The provisions of this Agreement which by their own terms take effect on termination of this Agreement or by their nature survive termination, shall continue in full force and effect and survive such termination, notwithstanding any termination hereof.