By completing and indicating your agreement in the registration process, you enter into this Agreement. This Agreement is effective upon registration, and governs your use of the Service and the Site.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OR PARTS THEREOF. BY ACCEPTING THIS AGREEMENT OR ACCESSING THE SITE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
ACCEPTANCE OF TERMS
This Agreement is between you and Clinically Current, part of McCann Health Medical Communications Canada Limited, providers of edu.clinicallycurrent.com. You may not change, supplement or amend this Agreement in any manner. We may unilaterally amend or supplement this Agreement from time to time on notice as permitted in the manner described in this Agreement, and your continued use of the Service shall constitute your acceptance of such amendments. If required by law, we will notify you at the email address you provide to us on registration and give you prior notice of such amendments and the opportunity to terminate this Agreement if you do not agree with such amendments.
DESCRIPTION OF SERVICE
The Service consists of the provision by us to you of access to the Site, which provides tools to you that will enable you to view online content, course content, educational materials and other resources, provide content to us via your use of the Service and access other resources and services offered by us and our third party partners (“Third Parties”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of the Service.
In order to use all of the Services, you will be asked to provide us with certain Registration Data in order to create an account. You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy. You agree to immediately notify us of any unauthorized uses of the account or any other breaches of security. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. All user names and passwords may be cancelled, changed or suspended at any time by us without notice. We are not under any obligation to verify the actual identity or authority of the user of any user name, password or member PIN.
OWNERSHIP OF OUR CONTENT AND LIMITED LICENSE
1. All content on the Site and available through the Service, including but not limited to all course content, educational materials and other learning resources, self-assessment plans, questionnaires, information sheets, training materials, designs, drawings, text, graphics, photographs, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Our Content”), is our property, or the property of our licensors. Our Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our express prior written permission, except that (i) the foregoing does not apply to your own User Content (as defined below), and (ii) any of Our Content provided by Third Parties for license through the Site (“Third Party Content”) is subject to the terms and conditions established by those Third Parties, as described on the Site (“Third Party License Terms”). Your rights to use Third Party Content are as described in the applicable Third Party License Terms.
2. You acknowledge that all intellectual property rights in Our Content and Services are owned by use or our licensors and are protected by applicable intellectual property and other laws, including but not limited to copyright, trademark, patent, confidential information and trade secret, and you will not use such proprietary information or materials in any way except for use of the Services in compliance with the terms of this Agreement. In particular, you agree not to (and not to permit any third party to): (a) copy, reproduce, alter, adapt, aggregate, modify, publish, translate, deface, transmit, distribute, publicly perform or display, sell, decompile, disassemble, reverse engineer, or create derivative works from any aspect of the Services; and (b) rent, lease, loan, or sell access to the Services without our prior written consent. Provided you are a registered user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download and view Our Content from the Site solely for your personal, non-commercial use in connection with your use of the Services.
You may identify problems or suggest improvements or other changes to the Services (“Feedback”) in the performance of this Agreement. You agree that we shall own all Feedback, and you hereby assign to us all of your right, title and interest thereto. You agree to cooperate fully and to ensure that your employees cooperate fully with us, both during and after the term of this Agreement with respect to signing further documents and doing such other acts as are reasonably requested by us to confirm our ownership in the Feedback.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You are solely responsible for the content that you transmit, upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users of the Service or the Site, including Third Party Content (collectively the “User Content”). You may not post, transmit, or share on the Site or Service User Content that you did not create or that you do not have permission to post. You understand and agree that we may, but is not obligated to, review the Site and may delete or remove (without notice) any Our Content in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in our sole judgment, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Service.
TERM AND TERMINATION
1. This Agreement commences when created and continues until terminated by either us or you. We reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason, provided that following termination of this Agreement for any reason, the obligations in this Agreement shall survive indefinitely in so far as you continue to use or access any User Content or other service or thing which you obtained from the Site or the Service. Termination of this Agreement does not terminate any agreement you enter into with a Third Party through the Site.
2. We may terminate this Agreement and your account, delete your profile and any of Our Content and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
3. You may terminate this Agreement by deleting your account.
4. When your account is terminated by us or by you, certain resource types (e.g. shared bookmarks, reviews of Our Content, comments, group discussion content, etc.) will, by default, remain on the site. Any other User Content that you have posted on the Site shall either be removed or shall stay on the Site as you and we agree. The license to your User Content that you grant to us in this Agreement will survive in perpetuity with respect to any of your User Content that remains on the Site after termination of your account.
INDEMNITY AND RELEASE
You agree to indemnify and hold harmless us, our licensors, Third Parties, and their respective directors, officers, employees, agents and assigns (each an “Indemnified Party”), from any liability, cost, expense, loss, claim or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by any third party due to or arising out of your User Content, your use of the Service, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party in connection with the Site or the Service. You agree to release the Indemnified Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more of our users or any Third Party providing goods and services through the Service.
MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1. We are not responsible or liable in any manner for any User Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by us, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. We are not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
2. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Service.
3. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post User Content, including Third Party Content, on the Site at your own risk.
4. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. We do not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iii) the quality of any information obtained by you through the Service will meet your expectations, and (iv) any errors in the Services or any software will be corrected.
LIMITATION OF LIABILITY
In no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Our Content or other materials on, accessed through or downloaded from the Site or the Service, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $100 CAD.
This Agreement was last updated on 10 May 2018.
YOUR INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES WHERE LAWS REGARDING PROCESSING OF INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY AND BY USING THE SERVICES OR SUBMITTING INFORMATION THROUGH THE SERVICES, YOU ARE EXPRESSLY CONSENTING TO SUCH PROCESSING.
Use of Personal Information
We do not collect personal information about individual users except when such personal information is provided to us on a voluntary basis. We use your personal information to help create and deliver content most relevant to you and to provide you with information about us and our products and services.
We also reserve the right to conduct statistical analyses through the use of data collected through your use of the Services on an anonymous and aggregated basis. We reserve the right to disclose such anonymous and aggregated data to third parties.
You acknowledge and agree as follows: (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity and privacy of any and all information and data exchanged between you and us through the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party. When you use the Site and Services, certain information you post or share with third parties may be shared with other users. All such sharing of information is done at your own risk.
SECURITY AND CONFIDENTIALITY
As we are committed to protecting the security of your personal information, we employ a number of security information technologies and procedures designed to help protect your personal information from unauthorized access, use and/or disclosure. We will retain your Information for a reasonable period or as long as the law requires. While we endeavour to limit access to your Information, we are not responsible for the retention or use of personal information obtained by other third parties who have gained access to our database.