Welcome to the ChildMentalHealth.ca web site! We provide this web site (“Site”) subject to the following terms and conditions (“Terms”), and your access and use of the Site constitutes your acceptance of these Terms. If you do not agree to any of the Terms, do not use the Site.
You should read these Terms carefully because they significantly alter your legal rights, remedies and obligations. Sections 11 and 12 in particular contain important limitations on and exclusions of our liability to you.
NOT MEDICAL ADVICE
This web site does not provide medical advice. It is provided solely for informational and educational purposes. You should not use this web site to diagnose, treat, or prescribe any medication or treatment for yourself or any other person.
In these Terms, “ChildMentalHealth.ca” refers to ChildMentalHealth.ca and its respective affiliates and subsidiaries.
1. Terms May Change
We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from the Site.
Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you are fully accepting the terms, conditions and disclaimers contained in these Terms.
3. Security and Viruses
E-mail communications between you and us may not be secure, and we suggest that you encrypt all e-mail to increase the security of your communications with us. Due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us will be free from unauthorized access by third parties such as hackers, and your use of our Site demonstrates your assumption of this risk.
We have taken steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.
We respect your personal privacy. You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide. If we ask you to provide any personal information, we will tell you the purposes for which we intend to use that information. We will not collect, use, or disclose that information without your consent, and we will not use or disclose that information for any other purposes without your consent.
We may collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, the Internet Protocol addresses of computers accessing the Site, and similar non-identifiable information. This information is only used for internal purposes.
5. Proprietary Rights
This Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.
You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written approval.
You do not acquire ownership rights to any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.
6. Content is not Advice
The Content is provided solely for educational purposes and does not constitute advice, whether medical or otherwise. You should not rely on any of the Content without first confirming its accuracy and truthfulness and getting advice from a qualified professional. You should not use any Content to diagnose, treat, or prescribe any medication or treatment for yourself or any other individual. ChildMentalHealth.ca does not accept any responsibility for any decisions that you make based on any Content.
ChildMentalHealth.ca operates from Alberta, Canada, and makes no representation that the Site or the Content are appropriate or available for use in any particular jurisdiction. Unless otherwise specified, the Content is presented solely for the purpose of education in Canada. ChildMentalHealth.ca makes no representation that the Content is appropriate or available for use in other locations. Those who access the Site or the Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We own our name, logo, and all of our other trade-marks and trade names appearing on the Site. Unless otherwise indicated, all other trade-marks appearing on the Site are owned by third parties and are used under licence.
The Site may from time to time allow you or other users of the Site to submit various comments, feedback, articles and submissions (“Comments”). Once Comments are submitted, ChildMentalHealth.ca can use, reproduce, modify and display the Comments on the Site without restriction and without compensation to you. You may not include content in your Comments that violates or breaches any rights of any other party.
All opinions contained in Comments are those of the original author, and do not necessarily reflect our views or opinions.
ChildMentalHealth.ca does not and cannot review Comments, and ChildMentalHealth.ca is not responsible for the content of any Comments. By providing the ability to view and distribute user-generated content on the Site, ChildMentalHealth.ca is merely acting as a passive conduit for that distribution and is not undertaking any obligation or liability relating to any Comments. ChildMentalHealth.ca reserves the right (but has no obligation) to block or remove any Comments that ChildMentalHealth.ca deems in its sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trade-mark or other intellectual property right; or (d) otherwise unlawful or unacceptable.
Any sites that are linked to from our Site are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.
If you wish to provide a link to the Site from your own web site, you may only link to our home page at ChildMentalHealth.ca. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
We may add new features to the Site, remove existing features from the Site, or otherwise modify the Site and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.
This Site and the Content are provided “as is” and “as available” and without representations or warranties of any kind, whether express, implied or statutory. To the fullest extent permissible by applicable law, ChildMentalHealth.ca disclaims all representation and warranties, whether express, implied or statutory (including any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). ChildMentalHealth.ca does not represent or warrant that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
The information and Content contained on the Site ARE prepared by ChildMentalHealth.ca and ARE believed to be accurate, but ARE provided for informational purposes only. ChildMentalHealth.ca does not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise.
You acknowledge that your access to and use of the Site and the Content will not be free of interruptions, that the Site and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Site may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.
12. Limitation of Liability and Release
ChildMentalHealth.ca and its officers, directors, employees and representatives will not be liable to you or any other party for any damages of any kind, including indirect, special, consequential or incidental damages, lost profits, lost data, business interruption or other damages arising directly or indirectly from your use of (or your inability to use) the Site or the Content, including your use or reliance on any information or other Content contained on the Site; any inaccuracy or omission in any information or other Content contained on the Site; your use of or reliance on any third-party websites linked to the Site.
You release ChildMentalHealth.ca and its officers, directors, employees and representatives from all claims, actions, liabilities and damages of any kind relating to or arising from your access to and use of (or your inability to access and use) the Site or the Content.
If, despite the limitations set out above, ChildMentalHealth.ca becomes liable to you resulting from your access to and use of (or your inability to access and use) the Site or the Content or otherwise under these Terms, that liability will be limited to CAD $50.
13. Prohibited Activities
You will not use the Site for any purpose that is unlawful or prohibited by these Terms.
In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:
- use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
- engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
- impersonate others, including a Childmentalhealth.ca employee or representative, or other members or visitors to the Site;
- upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law; or
- upload any commercial content or solicit others to join or become members of any other online service or other organization.
You agree to indemnify and hold harmless ChildMentalHealth.ca and its directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site.
15. Other Agreements
If there is any conflict between these Terms and any other agreement between you or your business and ChildMentalHealth.ca, the latter agreements will prevail.
These Terms, your access to and use of the Site and the Content, and any claims made against ChildMentalHealth.ca or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with Alberta laws, without reference to Alberta conflict of law rules.
You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site will be in the Alberta courts.
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by ChildMentalHealth.ca will impair any of ChildMentalHealth.ca’s rights or remedies that are not expressly waived in writing. ChildMentalHealth.ca will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.