The Website (bethecure.ca) was created and is managed by the Northern Alberta Clinical Trials and Research Centre, a joint venture between Alberta Health Services and the Governors of the University of Alberta. For the purposes of these Terms of Use, Alberta Health Services and the Governors of the University of Alberta will collectively be referred to as “NACTRC.”
These terms of use, as changed or replaced from time to time (“Terms of Use”), constitute a legal agreement between you and NACTRC. Use of this Website (including, without limitation, linking to or bookmaking any page that is part of the Website) obligates you to fully comply with these Terms of Use. NACTRC may modify these Terms of Use at any time. Such modifications shall be effective upon posting of the modified Terms of Use. It is your responsibility to and we suggest that you review these Terms of Use each time you access this Website to be aware of any modifications.
Your continued access to or use of this Website shall conclusively be deemed to be your acceptance to be bound by any modified Terms of Use, as well as by all applicable laws and regulations. If you do not wish to be bound by these Terms of Use, you may not access or use this Website.
COPYRIGHT + TRADEMARK NOTICE
All content and images contained within or on this Website (e.g., text, underlying HTML, video or audio clips, images, and all other online content) (“Content”) is protected by domestic and international copyright, trademark, trade name and other laws, and other rights unless otherwise specified. NACTRC (or its affiliates) is the owner or authorized licensee of the intellectual property contained on this Website, including without limitation the copyright, trademarks, and trade names.
You are free to use the Content for personal, educational, and non-commercial purposes, provided that you do not modify it and provided that you retain all copyright and other proprietary notices contained in the Content. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame, or decrypt any of the Content of this Website.
It is illegal to copy, reproduce, or distribute copyrighted and trademarked material without the permission of the rightful owner. Accessing text or images provided on this Website does not extend any rights to a user. Only the copyright or trademark owner, or the owner’s legal agent, can give you permission to copy, distribute, or publicly display protected material.
Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the Internet, transmission, redistribution, or other exploitation of this Website or of any of its Content or images, in whole or in part, other than as expressly set out in these Terms of Use, is strictly prohibited without the express written consent of NACTRC.
USE OF THE SITE
NACTRC assumes no responsibility or liability for any damage in connection with your access to or use of this Website or your downloading of any data, text, images, files, or other materials from the site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
Information provided to NACTRC by virtue of this Website will be received by NACTRC on a non-confidential basis. NACTRC reserves the right to use such information in its sole discretion for any purpose. You acknowledge that when using this Website, information will be transmitted over a medium that is beyond the control and jurisdiction of NACTRC. Accordingly, NACTRC assumes no liability for the delay, failure, interruption, or corruption of any data transmitted in connection with this Website.
In connection with your use of this Website, you agree that you will not:
- transmit or distribute any message, information, data, text, software or images, or other Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or otherwise objectionable or that may invade another’s right of privacy or publicity;
- transmit or distribute any message, information, data, text, software or images, or other Content where such transmission or distribution would violate any applicable law, regulation, or third-party rights;
- impersonate any person or entity, including but not limited to NACTRC personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);
- use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive “shouting” by use of all caps, or “flooding” or “spamming” by continuously posting repetitive text);
- violate any applicable local, provincial, national, or international law;
- manipulate or otherwise display this Website by using framing or similar navigational technology, or falsify or manipulate any identifying information, data, or elements in order to disguise the origin of any Content of this Website;
- access, download, copy, or otherwise use any information on this Website or NACTRC servers that you are not authorized to access, download, copy, or otherwise use;
- disrupt, obstruct, or interfere with this Website, NACTRC’s servers, or any other online service of NACTRC; or
- use or access this Website or its Content in any way to engage in any activity that, in the sole judgment of NACTRC, is otherwise objectionable.
DISCLAIMER OF WARRANTIES
You assume total responsibility and risk for your use of this Website and the Internet. NACTRC provides this Website and related information “as is” and “as available,” and NACTRC, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise. NACTRC does not make any express or implied warranties, representations, or endorsement whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose), including without limitation:
- that this Website and its Content will be accurate, complete, reliable, free from typographical errors, suitable, or timely;
- that the operation of this Website will be uninterrupted or error free;
- that any defects or errors in or on this Website will be corrected;
- that this Website or any information, data, software, or files available through this Website will be free from viruses, worms, Trojan horses, or other harmful components that manifest contaminating or destructive properties; or
- that communications from this Website will be secure or not intercepted.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided through this Website. You access such information at your risk.
The Content of this Website is provided for general informational purposes only. The Content is not intended to replace consultations with your doctor or to provide medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any personal medical and health questions that you may have. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website or any other website. If you think that you have a medical emergency, call your physician or 911 immediately.
Descriptions of or references to products or companies in this Website do not imply endorsement of such products or companies by NACTRC.
LIMITATION OF LIABILITY
Each party constituting NACTRC and their respective officers, directors, employees, agents, licensors, suppliers, and any third-party information or service providers (the “NACTRC Entities”) are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to use this Website, including but not limited to:
- the performance of the Internet;
- the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
- loss or damage resulting from the viewing, downloading, or by any other means acquiring any material, product, or service accessible through the Internet, even if you were not aware that any such loss would be incurred;
- loss or damage resulting from delays, computer viruses, or interruption of this Website, including deletion or failure to store messages, regardless of cause;
- loss or damage to your equipment, facilities, software, or data arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet; and
- any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to business interruption or loss of data, revenue, or lost profit resulting from or relating in any way to use of this Website, even if the NACTRC Entities have been advised of the possibility of such damages.
This limitation applies regardless of the form of action, whether based on warranty, contract, tort, or other legal theory.
If you are dissatisfied with any portion of this Website or with these Terms of Use, your sole and exclusive remedy, except as otherwise expressly provided herein, is to discontinue using or accessing this Website.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the NACTRC Entities from and against all demands, claims, liabilities, expenses, damages, and costs, including legal fees and disbursements (on a solicitor and his own client basis), resulting from or arising in connection with:
- any violation of the Terms of Use, as amended (including any negligent or wrongful conduct) by you;
- any violation of any law, regulation, or right of a third party by you in connection with your access to or use of this Website; and
- your access to or use of this Website.
LINKS
This Website may provide links to non-NACTRC Internet sites or resources for your convenience and information. NACTRC has no control over such sites and resources, and you acknowledge and agree that NACTRC is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for and makes no representations, warranties, or conditions regarding any content, data, information, advertising, products, companies, or other materials on or available from such sites, resources, or such other sites’ links.
It is your responsibility to verify any information contained in any linked sites before relying on it. You should review these sites’ terms of use. You further acknowledge and agree that NACTRC shall not be responsible or liable, directly or indirectly, for any direct, incidental, consequential, or indirect damage or loss caused (or alleged to be caused) by or in connection with use of or reliance on any content, information, data, goods, or services available on or through any such site or resource.
MONITORING
NACTRC is under no obligation to monitor this Website and assumes no responsibility for Content changed without its consent.
NON-WAIVER
Non-exercise or failure to exercise any remedies, rights, or powers of or by NACTRC and no delay or omission in such exercise shall exhaust such remedies, rights, or powers or be construed as a waiver of any of them.
USE OF INFORMATION
You agree not to use any information on this Website or linked to this Website in any claims, proceedings, suits, or actions against the NACTRC Entities.
GOVERNING LAW
The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. You agree that the courts of the Province of Alberta shall have the exclusive jurisdiction to determine any disputes or claims arising with respect to these Terms of Use. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
MISCELLANEOUS
The Terms of Use represent the entire agreement between NACTRC and you concerning the use of the Website and its Content. Some of the information on this Website may contain projections or other forward-looking statements regarding future events or performance of NACTRC. We wish to caution you that these statements are only forecasts and that the actual events or results may differ materially.