TERMS AND CONDITIONS FOR VISITORS TO THE
CapitalCare INTERNET WEBSITE:
The CapitalCare Internet
website (the "Site")
is designed for information purposes only and your use of the Site is governed
by the following Terms and Conditions. If you have not already done so, please
take some time to familiarize yourself with these provisions. If you do not
agree with these Terms and Conditions, you should immediately discontinue any
use of this Site. Also note that these Terms and Conditions may change from time
to time and it is your responsibility to check for such updates.
(A) Reserved Rights and Grant of Limited License
Copyright © 2007
CapitalCare. All rights reserved.
- CapitalCare either owns the intellectual property rights, including copyright and
moral rights, in and to this Site, or has acquired the necessary licenses in
the information, including all text, HTML code, multi-media clips, images,
graphics, icons and the selection and arrangement of the contents of this Site
(collectively the "Information").
- As a visitor of this Site, you are granted a limited license to use
(display or print) short extracts of the Information for your own personal,
non-commercial use only, provided the Information is not modified, and you
shall be fully responsible for any consequences resulting from such use. Any
other use of the Information is prohibited. None of the Information may be
otherwise reproduced, republished or re-disseminated in any manner or form
without the prior written consent of CapitalCare.
- CapitalCare will take appropriate legal action to enforce its rights.
(B) No Warrantees
- CapitalCare does not endorse any of the Information described or referenced
herein, including but not limited to medications, products, treatments,
newsletters, articles, opinions or views. The Information provided here should
be relied upon for education purposes only. It is not intended to replace the
independent judgment of a health care provider treating a particular client.
The appropriateness of a course of treatment for a client may vary from the
medical information provided herein due to the actual condition and/or
complications of that client.
- Information provided on this Site is believed to be reliable when posted.
However, CapitalCare does not guarantee the quality, accuracy, completeness,
reasonableness or timeliness of the Information. CapitalCare assumes no obligation to
update the Information or advise on further developments concerning topics
mentioned. Information provided may be changed without notice.
- The Site is not a perfectly secure medium and privacy cannot be
guaranteed. CapitalCare will not be responsible for any damages you or any third
party may suffer as a result of the transmission of confidential information
that you make to CapitalCare (or authorize CapitalCare to make) through the Site or through
any other means. CapitalCare will not be responsible for any errors or any changes
made to any transmitted information.
- Access to this Site is provided on an "as is" basis. You should not assume
that the Site will operate without interruption.
- CapitalCare is not responsible for any content or information that you may find
undesirable or objectionable.
- CapitalCare cannot and does not either guarantee or warrant that files available
for downloading through the Site will be free of infection or viruses, worms,
Trojan horses or codes that manifest contaminating or destructive properties.
You should take reasonable and appropriate precautions to scan for computer
viruses and should ensure that you have a complete and current backup of the
applicable items of information contained on your computer system.
- CapitalCare disclaims all warranties, representations and conditions regarding
use of the Site or the Information. All implied warranties or conditions of
merchantability and fitness for a particular purpose are disclaimed, whether
they arise as a result of use, trade practices or dealings.
(C) No Liability
- CapitalCare is not responsible for any direct, indirect, special, incidental or
consequential damage or any other damages whatsoever and howsoever caused,
arising out of or in connection with the use of the Site or in reliance on the
Information available on the Site.
- CapitalCare disclaims any liability for unauthorized use or reproduction of any
portion of the Site.
(D) No Endorsement
- CapitalCare does not assume responsibility for the accuracy or appropriateness of
the information contained on sites which it links to.
- A link to another site should not be construed to mean that
affiliated or associated with, or is legally authorized to use any trademark,
trade name, logo or copyrighted symbol that may be reflected in the link or
the description of the link to such other sites.
- The mention of another party or its product or services on the Site should
not be construed as an endorsement of that party or its product or service.
(E) Discussion Groups
- All discussion
groups (the "Discussion Groups") found on this Site are
organized by CapitalCare to facilitate conversation among Site
will not be responsible for nor incur any liability whatsoever for any of the
information provided by any participants in any of the Discussion Groups, nor
will CapitalCare’s organization of the Discussion Groups be construed as an
endorsement of any of the comments or information provided by Discussion Group
participants. All correspondence in discussion groups organized by CapitalCare
becomes the property of CapitalCare for use in various activities.
- If you use a Discussion Group, you are solely responsible for your own
communications, the consequences of posting those communications, and your
reliance on any communications made in the Discussion Groups. In consideration
of being allowed to join in any Discussion Groups, you agree that you will
- use a
Discussion Group for violation of any applicable laws;
- post material that infringes the intellectual property, privacy or
publicity rights of others;
- post material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to any other person or entity (as
determined by CapitalCare in its sole discretion);
- advertise or otherwise solicit business;
- post chain letters or pyramid schemes;
- impersonate other persons;
- distribute viruses or other harmful computer code;
- collect information about others, including e-mail addresses, without
- allow any other person or entity to use your identification for posting or
- post the same note more than once ("spamming"); or
- engage in any other conduct that restricts or inhibits any other person
from using the Discussion Groups or this Site, or which, in the judgment of
CapitalCare, exposes CapitalCare to any liability or detriment of any type.
CapitalCare reserves the right to:
- record Discussion Group dialogue;
- investigate complaints regarding Discussion Group communications and
remove or request the removal of any communication(s) that are abusive,
illegal, or disruptive or that otherwise fail to comply with these Terms and
- terminate access to any Discussion Groups or this Site upon any breach of
these Terms and Conditions;
- monitor, edit, or disclose any communication in the Discussion Groups; and
- edit or delete any communications posted on this Site, regardless of
whether such communications violate these Terms and Conditions.
CapitalCare has no liability or responsibility to visitors of this
Site or any other person or entity for performance or non-performance of the
above noted activities.
(F) Trade Marks
- Certain words, phrases, names, designs, or logos used on the Site may
constitute trademarks, service marks or trade names of CapitalCare or other entities.
The display of any such marks or names on the Site does not imply that a
license has been granted by CapitalCare or other entities.
(G) Conformance with Law
- You agree that your use of the Site shall not violate any applicable
local, national or international law, including but not limited to any
regulations having the force of law.
- You agree not to impersonate another person in your use of the Site or in
sending e-mail to an address listed on the Site.
(H) Choice of Law
- The laws of the Province of Alberta and the laws of Canada applicable
therein shall govern as to the interpretation, validity and effect of this
agreement. You hereby consent and submit to the non-exclusive jurisdiction of
the courts of the Province of Alberta in any action or proceeding instituted
under or related to this agreement.
- All information submitted to
CapitalCare via the Site shall be deemed and remain
the property of CapitalCare and CapitalCare shall be free to use, for any purpose, any
ideas, concepts, know-how or other techniques contained in information
provided to CapitalCare through the Site or through other means. CapitalCare shall not be
subject to any obligations of confidentiality regarding any such information
submitted to it unless specifically agreed by CapitalCare or required by law.
- You agree that any information submitted for inclusion at the Site does
not infringe on the intellectual property or other rights of any third parties
and you grant CapitalCare a right to provide access to the information from the Site.
You warrant that any software submitted to CapitalCare shall be free of computer
(J) Complete Agreement
- These Terms and Conditions represent the entire agreement between every
visitor and CapitalCare regarding use of the Site, the Information and the Discussion
(K) No Solicitation
- No part of the Site should be taken to constitute an offer or solicitation
to buy or sell products or services.
- Any products or services mentioned on the Site are made available in
accordance with local law and only where they may be lawfully offered for