Terms and Conditions (April 2020)

Please read these Terms and Conditions prior to using the CHCA Site. CHCA reserves the right to modify or otherwise update the Terms and Conditions at any time without notice. Your continued use of cdnhomecare.ca constitutes your acceptance of the Terms and Conditions, as amended from time to time.

Intellectual Property Rights

Other than content you own, which you may have opted to include on this Site, under these Terms, the CHCA and/or its licensors own all rights to the intellectual property and material contained in this Site, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Site.

Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Site material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Site material;
  3. publicly performing and/or showing any Site material;
  4. using this Site in any way that is, or may be, damaging to this Site;
  5. using this Site in any way that impacts user access to this Site;
  6. using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
  8. using this Site to engage in any advertising or marketing;

Certain areas of this Site are restricted from access by you and the CHCA may further restrict access by you to any areas of this Site, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality of such information.

Your Content

In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Site. With respect to Your Content, by displaying it, you grant the CHCA a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. The CHCA reserves the right to remove any of Your Content from this Site at any time, and for any reason, without notice.

No warranties

This Site is provided “as is,” with all faults, and the CHCA makes no express or implied representations or warranties, of any kind related to this Site or the materials contained on this Site. Additionally, nothing contained on this Site shall be construed as providing consult or advice to the user.

Limitation of liability

In no event shall the CHCA, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Site, whether such liability is under contract, tort or otherwise, and the CHCA, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.

Indemnification

You hereby indemnify to the fullest extent the CHCA from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

The CHCA is permitted to revise these Terms at any time as it sees fit, and by using this Site you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Site.

Assignment

The CHCA shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between the CHCA and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of the province of Ontario and the laws of Canada applicable thereto, without respect to conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

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