Terms and Conditions and Privacy Statement

Terms and Conditions

It is important that you read all of these terms and conditions carefully. These website terms and conditions of use for the Infant and Early Mental Health Promotion at the Hospital for Sick Children (“IEMHP”) constitute a legal agreement and are entered into by and between you and the IEMHP ("Company," "we," "us," "our"). The following terms and conditions (these "Terms and Conditions") govern your access to and use of, including any content, functionality, and services offered on or through the IEMHP (the "Site").

Use of Site

The Site is provided by the IEMHP. Your access to and continued use of the Site constitutes your acceptance of, and is conditional upon, your continued acceptance and compliance with these General Terms and Conditions of Use (“Terms”) and all applicable laws. Please check back periodically as these terms and conditions may change from time to time. Your continued use of the Site means you accept those changes. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and comply with them. The Site, including content or areas of the Site, may require user registration. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Ownership of Content

Unless otherwise specified on the Site, this Site, and its content (the “Content”), and all associated copyright is owned by IEMHP. Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of IEMHP or other entities. The Site, and all of its Content, is the property of IEMHP, as well as other entities, and is protected by Canadian and international copyright, trademark, and other laws. You may only use the Site for your personal and non-commercial use. Your use of the Site does not transfer to you any ownership or other rights in the Site or its Content. Any unauthorized distribution, transmission, modification, reproduction, or publication of the Site or its Content is strictly prohibited. The only exceptions to this are:

• your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
• a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print off, copy, or download any part of our Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Disclaimer Regarding Accuracy, Completeness, and Timeliness of Information

The information on the Site, including, but not limited to, articles, opinions, and views, is provided for educational and informational purposes only. It is not designed or intended to constitute medical advice or to be used as a diagnostic tool. Online resources are not a substitute for the personalized judgment and care of a trained medical professional.

The Information on this Site is not intended as emergency or crisis help. If you require help with an emergency, contact your local emergency services: in Ontario call 911 or go to your local hospital emergency room.

Any Information created by IEMHP is believed to be reliable when posted and may be changed from time to time without notice. IEMHP does not, however, guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness, or suitability of the posted Content. Some Content may have been contributed by other entities and should not be assumed to have been reviewed or endorsed by IEMHP. You assume full responsibility for the use of the Information and rely on it at your own risk. The Information is not error-free. It is supplied "AS IS" and may contain typographical or other errors.

IEMHP assumes no obligation to update the Information or advise on further developments concerning the topics mentioned. Reference to, or mention of, specific products, processes, or services do not constitute or imply a recommendation or endorsement by IEMHP. Neither IEMHP nor the contributors of any Content are responsible for any damages whatsoever, arising out of, or in connection with, your use of, or reliance on, the Content.

Permitted Use of Site

Except as otherwise provided for in these Terms, you may only use this Site for lawful, personal, and non-commercial purposes only. You are granted a limited, non-exclusive, non-transferable, non-sub-licensable license to use the Content for personal non-commercial use. You shall not modify the Content in any way and all copyright, and other proprietary notices, must be retained. Any other use is strictly prohibited without IEMHP’s prior written permission and the permission of any applicable rights holders. None of the Content may be otherwise reproduced, republished or disseminated in any manner or form without the prior written consent of an authorized representative of IEMHP.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Site’s owner's ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.

Limitation of Liability

IEMHP does not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

IEMHP does not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that both your use of, or inability to use, this Site is at your own risk. This Site and all products and services delivered to you through this Site are (except where expressly stated) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

To the fullest extent permitted by law, under no circumstances, shall IEMHP be liable for any injury, claim, loss of use, loss of data, loss of income or profit, loss of, or damage to, property, or loss of opportunity, for any damages of any kind or character (including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages) arising out of the use of the Site and its Content, or any products procured therefrom, even if IEMHP has been advised of the possibility of such damages or losses. These limitations, exclusions and disclaimers shall apply irrespective of the nature of the cause of action, including but not limited to, breach of contract, negligence, tort, or any other legal theory, and shall survive a fundamental breach or breaches or the failure of the essential purpose of this agreement or any right or remedy contained herein.

Indemnity

You hereby agree to indemnify and hold IEMHP, its affiliates, officers, directors, employees, and agents harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including all legal fees, which IEMHP may incur in connection with any claim arising out of, or resulting from, (a) any breach by you of these terms and conditions, (b) your use of this Site, your account and/or your submission of content, or (c) any violation by you of any law or the rights of any third party. You must use your best efforts to co-operate with IEMHP in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Links/Linking

This Site may contain links to other websites that are not under the ownership or operation of IEMHP. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. If you use these sites, you do so at your own risk. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your computer system. You should take notice when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

Governing Law

This is a Canadian website and its content is intended for Canadian residents only. The Site and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Site and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

General

These Terms constitute the entire agreement between IEMHP and users of the Site. IEMHP and Site users are independent parties and nothing in these Terms shall give rise to an employment, partnership or agency relationship between you and IEMHP. Waiver of any provision of these Terms is invalid unless provided by IEMHP in writing.

The provisions of these Terms, which by their nature so require, shall survive and remain in effect until all obligations are satisfied. The invalidity or unenforceability of any provision in these Terms will not affect the validity or enforceability of any other provision, and any invalid provision will be deemed severed.

Failure of IEMHP to enforce any of the terms and conditions hereunder, to exercise any rights or remedies provided herein or by law, or to provide proper notice shall not constitute waiver by IEMHP of any of rights hereunder nor release you of any obligations under these Terms. These Terms ensure to the benefit of IEMHP its successors and assigns.

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.