yourCARE+ (the “Site”)
IMPORTANT - PLEASE READ CAREFULLY: This is an Agreement to access and use the Site and is a legally binding agreement between you and McMaster University (“McMaster”). By accessing or using the Site and/or the Materials, as defined in section 2.1 below, you are agreeing to the terms below. You agree to comply with the terms and that the terms control your relationship with McMaster. Please read all the terms carefully. If you use the Site and/or the Materials in conjunction with other products or services, then the terms for those other products or services will also apply. If you do not agree to the terms of this Agreement, you are not authorized to use the Site and must not access and/or use the Site and/or the Materials in any capacity.
ACCOUNT AND REGISTRATION
You may not use the Site or the Materials and may not accept the terms of this Agreement if you are a person barred from using or accessing a Site similar to this Site or using or accessing materials and documents similar to the Materials, under the applicable laws of Canada or other countries including the country in which you are resident or from which you use the Site and/or the Materials.
If you are using the Site and/or the Materials on behalf of an entity, such as a legal dependent, you represent and warrant that you have authority to do so. All references to "you" in the Agreement refer to your use of the Site and/or Materials on behalf of that entity.
Use of the Site and/or the Materials through your credentials is for your use by you only. You must not make the Site and/or the Materials available to any other person or entity or allow any other person or entity to access and/or use the Site and/or Materials using your credentials.
You acknowledge that McMaster owns all right, title and interest in the copyright and all other intellectual property rights to the Site, including, but not limited to, any content, materials, results that are found on or provided by the Site, as a result of any data, including but not limited to Personal Data, that may be provided by you (the “Materials”). McMaster does not grant you any ownership interest in the Site, and/or the Materials and only grants you permission to access and use the Site and/or the Materials in accordance with the terms of this Agreement. No rights, title or interest in or to any official mark, trade-mark, service mark, logo or trade name of McMaster is granted to you under this Agreement.
Provided you comply with all the terms and conditions of this Agreement, McMaster grants you a non-exclusive, non-transferable, revocable, license for access and use of the Site and/or the Materials for personal, non-commercial purposes only
You must not:
sell, reproduce, rent, adapt, reverse engineer, translate copies of the Site and/or the Materials;
include the Site and/or the Materials as a component of a commercial product or use the Site and/or the Materials for performing research (whether commercial, or non- commercial, funded or non-funded) or other non-personal use;
remove or obscure any copyright, trade-mark or other proprietary notices from Site and/or the Materials;
otherwise use the Site and/or the Materials on behalf of any third party, with the exception of any legal dependents;
use the Site and/or the Materials to create, develop, distribute or market any product, application or service that is competitive to McMaster and/ or its affiliates without permission (to be determined at McMaster’s sole discretion);
defame, abuse, harass, stalk, or threaten others;
transfer the Site and/or the Materials to any ad network, ad exchange, data broker, or other advertising or monetization-related toolset or to any other service; or
use the Site and/or the Materials in any manner that makes the Site and/or the Materials available to any third party, in whole or in part, with use of your own credentials.
DISCLAIMER OF WARRANTIES
The Site and the Materials have been developed by McMaster. McMaster is providing you the Site and the Materials “as is” with all faults and without warranty of any kind, either express or implied.
McMaster expressly disclaims and excludes all warranties and representations expressed or implied, including but not limited to, any implied warranties that the Site or the Materials are merchantable, accurate or ﬁt for a particular purpose. McMaster does not warrant that the Site or the Materials will meet your requirements or that the access and/or use of the Site and the Materials will produce a desired result, or that the Site or the Materials will operate uninterrupted, or error free or that any defects in the Site or the Materials will be corrected. McMaster does not warrant that the use of the Site or the Materials will not infringe any patent, copyright or trade-mark or other rights.
ASSUMPTION OF RISK
You assume all risk and responsibility for the selection, installation, use, quality, performance and results obtained from the Site and the Materials.
McMaster cannot guarantee the continued availability of the Site and/or the Materials and may cease providing the Site and/or the Materials, if for example and without limitation, McMaster is unable to host the Site and/or the Materials on McMaster servers, in a manner acceptable to McMaster or the business model changes for the use and access of the Site and/or the Materials. Should McMaster cease providing the Site and/or the Materials, you agree and acknowledge that your access and use may stop immediately, without any forewarning or any notification to you.
McMaster may include links to third-party Sites. These links are provided for convenient access to information, and do not serve as an endorsement, nor does McMaster guarantee the accuracy, completeness, or security of Materials on third-party Sites.
While McMaster makes every effort to check and test material at all stages of production, McMaster is not able to guarantee that the Site and/or Materials will never be faulty, free of viruses and/or errors, nor that it will work continuously, nor that it will be maintained in a fully operational condition. It is always wise for you to run an anti-virus program on all material downloaded from the internet. McMaster cannot accept any liability for any loss, disruption or damage to your data or your system, which may occur whilst you are using the Site and/or Material derived from the Site. Users must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Site and/or Materials users must not attempt to gain unauthorized access to the Site, the server on which the Site and/or Materials is stored, or any server, computer or database connected to the Site and/or Materials. Users must not attack our site via a denial-of-service attack or a distributed denial-of service attack. If you breach this provision, you will have committed a criminal oﬀence under the applicable Ontario legislation. McMaster will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the Site user’s identity to them. In the event of such a breach, the Site user’s right to use the Site will cease immediately.
LIMITATION OF LIABILITY
In no event will McMaster be liable to you or any other person for any damages of any kind, including lost profits, data, business interruption or special, incidental or consequential damages, in any way arising out of or in connection with the use or performance of the Site, the Materials, even if McMaster has been advised of the possibility of such damages.
McMaster does not accept any responsibility for your use of the Site and/or the Materials, nor for any reliance which you may place on any information given in connection or derived from the Site and/or the Materials. Site and/or the Materials are intended strictly for information purposes only. Materials from the Site do not provide or replace professional medical or legal advice. Any decisions relating to health or legal action should be advised by the consultation of health care and legal professionals.
In consideration for the benefit obtained under this Agreement, you indemnify McMaster, its employees, Board of Governors, students, contractors, or other affiliate of McMaster (the “Indemnified Parties”), and keep them fully and effectively indemnified, against each and every claim made against any of the Indemnified Parties as a result of your use of the Site and/or the Materials, works or information received from them pursuant to the terms of this Agreement. The liability of McMaster for any breach of this Agreement, any negligence or arising in any other way out of the subject matter of this Agreement, the Site and/or the Materials, or use of Personal Data, will not extend to any indirect damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if McMaster has been advised of the possibility of those losses, or if they were within your contemplation.
THIRD PARTY RIGHTS
The Site and/or the Materials use on your personal device may be dependent on programs, operating systems or other intellectual property of third parties which may require third party Agreements. Compliance to terms and payment of fees associated with these third- party Agreements are the sole responsibility of you and are not included in this Agreement.
ACKNOWLEDGMENT OF MCMASTER
McMaster grants you the right to reference the Site or the Materials in any non-academic, non-research publication (including, electronic documents and/or Sites) however you must include appropriate acknowledgment of McMaster. You agree and acknowledge that you will not make any statement regarding your use of the Site, and/or the Materials which suggests partnership with, sponsorship by, or endorsement by McMaster without McMaster’s prior written approval.
TERM AND TERMINATION
This Agreement commences on the date that you are provided access to the Site and the Materials through the Site registration and continues in eﬀect unless it is terminated earlier by McMaster. It may be terminated by McMaster immediately without notice if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement, your rights to use you terminate and you must immediately stop using the Site and the Materials, uninstall all copies of the Site and the Materials and any user documentation in your possession or control.
REPRESENTATION OF AUTHORITY
You represent and warrant that you possess the legal authority to enter into this Agreement and that you will be responsible for your access and/or use of the Site and the Materials. You are responsible for supplying any hardware (e.g. mobile device) or software (e.g. device OS) necessary to access and/or use the Site.
You must not assign, sublicense or otherwise transfer this Agreement or any rights granted by this Agreement without the prior written consent of McMaster and any attempt to do so without the consent of McMaster will be void.
Neither party to this Agreement will be liable for delay or failure to perform their respective obligations this Agreement if such delay or failure arises from any cause beyond the reasonable control of the party (“Force Majeure”) provided such party gives the other party written notice of the Force Majeure. Force Majeure includes, without limitation: labour disputes, strikes, other labour or industrial disturbances and any act of God, public health emergency, communicable disease outbreak, ﬁre, natural disaster, power failures, accidents, act of government, shortages of materials or supplies and failure of contractors to perform. If a party is temporarily excused from performing its obligations under this Agreement because of Force Majeure, it must promptly resume performance when such Force Majeure is cured or removed.
This Agreement contains the entire agreement between you and McMaster relating to the Site and the Materials, and supersedes any prior understandings, arrangements, commitments, communications or agreements, oral or written, between you and McMaster with respect to the Site. McMaster reserves the right to make changes to this Agreement without notice.
If any provision of this Agreement becomes void, invalid, illegal or unenforceable, the remaining provisions will not be affected and will continue in effect as though the unenforceable provision(s) were deleted.
If either party omits or delays to require the other party to punctually fulﬁll any of its obligations under this Agreement, this omission or delay will not operate as a waiver by that party of its rights under this Agreement.
Sections 2-9 and 12-13 shall survive the termination of this Agreement.
This Agreement will be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada. Any suit, action, or proceeding arising out of or relating to this Agreement must be brought in Ontario, Canada and you submit to the exclusive jurisdiction of the Courts of Ontario and the Courts of Canada as applicable. Use of the Site is prohibited in any jurisdiction which does not give effect to the terms of this Agreement.