Terms of Use

Terms Of Use

Last Updated: August 14, 2017

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE, INCLUDING ACCESSING ANY FORM AVAILABLE ON THIS WEBSITE, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MUST EXIT THE WEBSITE.

These Terms of Use (the Agreement) is an agreement between you (“you”) and the owner of the website, Asthma Canada (“Asthma Canada”). The effective date of this Agreement is when you accept or are deemed to accept this Agreement by use of this website (“Site”). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Asthma Canada, its subsidiaries or affiliates.

By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept this Agreement. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not access or use the Site unless your parent or guardian enters into this Agreement on your behalf and consents to your access to and use of the Site.

If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify Asthma Canada in accordance with this Agreement.

This Site is intended for clients and customers of Asthma Canada. You are not authorized to use this Site or its contents for any purpose unrelated to your business with Asthma Canada or contemplation of business with Asthma Canada.

You hereby consent to the exchange of information and documents between you and Asthma Canada or an agent of Asthma Canada electronically over the Internet, by e-mail, or by another electronic or hardcopy means.

You agree that this electronic Agreement shall be the equivalent of a written paper agreement between you and Asthma Canada.

Ownership of this Site and its Content:  This Site, including all its content, is protected under applicable intellectual property and other laws, including without limitation the laws of Canada and other countries (“Content”). For clarity, Content further includes any information and Submissions and Educator Communications (as defined herein) you submit to this Site. All Content and intellectual property rights therein are the property of Asthma Canada, unless otherwise agreed in a written agreement with Asthma Canada. You do not acquire ownership rights to any Content viewed or otherwise accessed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, sold, rented, shared, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Asthma Canada’s express prior written permission.

You are hereby granted, subject to this Agreement, a limited, non-exclusive, non-transferable license to view the screens and materials on this Site and to print only a limited number of copies of such screens and materials as is reasonably needed for your own non-commercial use.  You agree not to share the copied screens and materials with any other person or entity, and to destroy such copied screens and materials immediately upon the completion of the use of the screens and materials for which you made a copy of such screens and materials.

This Site contains trademarks, service marks, trade dress, logos, product and service names, and graphics (collectively, “Trademarks”) that are owned by Asthma Canada or by third parties. You are not authorized to display copy or use the Trademarks in any manner without the prior written permission of the rights owner.

Your Consent to Our Privacy Policy:  By agreeing to this Agreement, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between this Agreement and our Privacy Policy, this Agreement controls.

Your Account: To access the Site or some of its resources, you may be asked to provide certain registration details.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with or for any other use of the Site, including any interactive features, are governed by our Privacy Policy.

If you are provided with or create a user name, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify Asthma Canada immediately of any unauthorized access to or use of your user name or password or any other breach of security.

You certify, represent and warrant that all purchases and other activities made by employees/agents of your organization utilizing your Asthma Canada account number are authorized purchases and activities of your organization and are governed by terms of sale imposed on such purchases by Asthma Canada and any other terms imposed upon such activities by Asthma Canada.

Asthma Canada has the right to disable any user name, password or other identifier whether chosen by you or provided by us at any time in our sole discretion for any or no reason, including if, in Asthma Canada’s opinion, you have violated any of the terms of this Agreement.

You certify, represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Canada or the country in which you reside.

Submissions: You agree that all ideas, concepts, inventions, know-how, techniques, product reviews, ratings, responses to questionnaires and surveys, remarks, suggestions, comments, graphics or other information you communicate to Asthma Canada through this Site and all intellectual property rights therein (“Submissions”) shall be the property of Asthma Canada. You hereby irrevocably transfer, assign and convey to Asthma Canada all right, title and interest including without limitation intellectual property rights existing anywhere in the world, in any and all Submissions, and waive any moral rights you may have in any copyright works forming part of the Submissions.  Asthma Canada will not be required to treat any Submissions as confidential and shall not be subject to any obligations of confidentiality regarding any such Submissions unless: (i) specifically agreed by Asthma Canada in writing; or (ii) required by law.

Asthma Canada will not be liable for any similarities of your Submissions to any future business operations of Asthma Canada. Without limitation, Asthma Canada will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, and you agree to sign such further documentation as may be required by Asthma Canada to evidence such assignment and waivers as you have provided in this Agreement.  You represent and warrant that you own or have all rights in and to your Submissions and have the right to assign them to Asthma Canada, and to waive all moral rights therein, and that all of your Submissions do and will comply with this Agreement.

Prohibited Uses: You agree not to do any of the following:

• Download, copy, or re-transmitt any or all of the Content without, or in violation of, a written license or agreement with Asthma Canada.;

• Use this Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site including their ability to engage in real time activities through the Site;

• Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Site for any purpose including monitoring or copying any of the material on the Site;

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the prior written consent of Asthma Canada;

• Use any device, software or routine that interferes with the proper working of the web/Internet;

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Site is hosted;

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

• Attempt to interfere with the proper working of the Site;

• Use the Site to fraudulently misrepresent yourself;

• Register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party for any product or service if you are not expressly authorized by such party to do so;

• Distribute the Content of the Site or nay Educator Communication for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media, or through any commercial network, cable or satellite system;

• Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;

• Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Asthma Canada or its licensors or allow any third-party to access the Content; and

• Use the Site other than for its intended purpose.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

Content: Asthma Canada will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Asthma Canada to make, or for any errors or any changes made to any transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.

Content is intended to be used for informational purposes only. The Content is not intended to constitute or be a substitute for medical advice and should not be relied upon in any such regard. Further, all Content is subject to clinical judgment and actual practice patterns may not follow the proposed steps set out in the Content. You should always consult a healthcare provider if you have any questions regarding the Content. The Content does not create a physician-patient relationship between you and Asthma Canada or any agent of Asthma Canada.

ASTHMA CANADA ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. ASTHMA CANADA IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. ASTHMA CANADA DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Services: You may have the option to receive certain services in association with your use of the Site (the “Services”). As one example of Services, based upon your Submissions you may be contacted by an asthma educator by email or telephone, or by some other communication means, to discuss asthma (such discussions between you and the asthma educator are “Educator Communications”). You are solely responsible for your participation in any Educator Communications. You should apply your own judgment in making any use of any Educator Communications, including, without limitation, the use of such communications as the basis for any conclusions.

The Educator Communications are intended to be used for informational purposes only. The Educator Communications are not intended to constitute or be a substitute for medical advice and should not be relied upon in any such regard. You should always consult a healthcare provider if you have any questions regarding the Educator Communications. The Educator Communications do not create a physician-patient relationship between you and Asthma Canada or any asthma educator with whom you engage in any Educator Communications.

ASTHMA CANADA IS NOT RESPONSIBLE FOR ANY SERVICES THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. ENGAGING IN ANY SERVICES FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Confidentiality & Security: ALTHOUGH THIS SITE MAY UTILIZE ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION ON THIS SITE OR ON THE INTERNET, SUBMISSIONS TO THIS SITE, OR ANY ASPECT OF SERVICES ON THIS SITE OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK AND ASTHMA CANADA ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, THE SERVICES, YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. ASTHMA CANADA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR OMISSIONS OR INCOMPLETE INFORMATION IN THE CONTENT.

Limitation of Liability: IN NO EVENT WILL ASTHMA CANADA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF ASTHMA CANADA OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL ASTHMA CANADA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; CLOUD ERRORS OR PROBLEMS; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; FORMS, SUBMISSIONS OR OTHER INPUT YOU SUBMIT TO THIS SITE; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS  OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF ASTHMA CANADA, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL ASTHMA CANADA’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS SITE, IN THE YEAR IN WHICH THE CLAIM AROSE.

(BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH JURISDICTIONS. OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW.)

Indemnity: You agree at all times to indemnify, defend and hold harmless Asthma Canada, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees  and disbursements) sustained, incurred or paid by Asthma Canada directly or indirectly in respect of:

(i)         any information, form, Submissions, Educator Communication, or any other Content  you provide on or through this Site or which is sent to Asthma Canada by e-mail or other correspondence; or

(ii)        your use or misuse of the Content, Submissions, Educator Communication or this Site, including without limitation infringement claims.

Links to Third-Party Websites: This Site may contain links to other web sites. Asthma Canada does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such other web sites, and when you access such other web sites, you are doing so at your own risk. In providing links to the other web sites, Asthma Canada is in no way acting as a publisher or disseminator of the material contained on those other web sites and does not seek to monitor or control such other web sites. A link to another web site should not be construed to mean that Asthma Canada is affiliated or associated with same. ASTHMA CANADA DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this Site should not be construed as an endorsement of that party or its product or service.

Modification and Discontinuation: We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, forms, or other Content, products of Asthma Canada, and other products and/or services available through this Site (or any part thereof), with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

Waiver: Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision, any other provisions, or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Asthma Canada of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.

Amendments: Asthma Canada reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Site. You are responsible for periodically reviewing the amendments on this Site and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Site. Access to this Site or use of this Site after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions of this Agreement. No supplement, modification or amendment to this Agreement shall be binding on Asthma Canada unless executed by Asthma Canada in writing.

Termination. This Agreement is effective until terminated by Asthma Canada, with or without cause, in Asthma Canada’s sole and unfettered discretion. Asthma Canada may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Asthma Canada shall be in addition to and without prejudice to such rights and remedies as may be available to Asthma Canada, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, your license to Asthma Canada, your assignment to Asthma Canada, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

Severability: Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

Governing Law, Jurisdiction and Venue: This Agreement will be governed under the laws of the Province of Ontario, Canada without regard to its conflicts of law provisions and shall be treated in all respects as an Ontario contract. Venue for all actions or proceedings arising out of or relating to this Agreement will be exclusively in provincial or federal court in Toronto, Ontario, Canada. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act Ontario as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Asthma Canada related to this Site, the Content, the Services, products of Asthma Canada, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Asthma Canada, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

Entire Agreement: This Agreement as it may be amended from time to time in accordance the relevant provisions herein, and any and all other legal notices and policies on this Site, constitute the entire agreement between you and Asthma Canada with respect to the use of this Site and the Content.

Enurement: This Agreement shall inure to the benefit of and be binding upon each of Asthma Canada and you, and Asthma Canada’s and your respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

All trademarks in the Site are the trademarks of Asthma Canada, or are used by Asthma Canada under license.

Contact Us:  If you have any questions about this Site or this Agreement, please contact us at our email address: info@asthma.ca

© Asthma Canada, 2017.