- Terms of Use
The Museum of Health Care (the "Museum") makes available to you this website located at www.museumofhealthcare.ca (the "Website") subject to your acceptance of and compliance with this 'terms of use' policy (the "Policy"). By accessing, browsing, and/or using this Website you are acknowledging that you have read and understood this Policy and that you agree to be bound by its terms and conditions. If you cannot or do not agree with this Policy then do not access or use this Website. The Museum reserves the right, in its sole discretion, to update, revise, supplement, and modify this Policy as well as to impose new or additional terms and conditions to this Policy at any time without prior notice. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by this Policy as modified. It is your responsibility to regularly review and be familiar with this Policy. - Gift Processing Practices
The Museum of Health Care is a registered charitable organization in Canada (BN#87790 3989 RR0001) and this program is governed by terms and/or conditions approved by the Museum's Board of Directors. By authorizing a charitable gift transaction on a credit card using this website, you acknowledge and direct the Museum to accept your contribution (net of any applicable expenses) for the purpose(s) identified by you on this site. If no specific purpose is stipulated, your gift will be treated as unrestricted and will therefore be used for the highest priority needs of the Museum. You understand that you are entitled to a donation receipt for the full value of the contribution and that this donation receipt will be prepared promptly and forwarded to you by return email.
NO refunds will be processed on any Museum Membership or Donations. - Privacy
By submitting personal information via this website, you agree that the Museum may use the information (e.g., name, address, contact information) provided to process your donation(s); verify your identity and protect against fraud; to satisfy regulatory and other legal requirements. In providing this gift processing service, you understand that the Museum may have to share your personal information with other persons; where the other parties are the Museum's third party service providers, suppliers or agents who assist the Museum in providing this service; and where it is required or permitted to do so by law. - Monitoring Information
The Museum of Health Care makes reasonable efforts to ensure that the information provided through the website is current and accurate. The Museum makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. - Conditions of Use
Except as may be expressly authorized by the Museum, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing, the Museum of Health Care hereby grants to you a license to view, download, and retain copies of this Website and materials published by the Museum on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices. Except to the extent permitted by copyright law, no copying or use of the material from this site is permitted except in accordance with this policy or the express permission of the Museum. The Museum of Health Care reserves the rights to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. The Museum or any of its respective employees, agents, officers, directors or third party service providers (collectively, "Museum" and "Museum Service Providers") shall not be liable to you or any third party should the Museum exercise this right. In addition you agree not to use the Website in connection with any of the following activities: a) impersonating another person or entity, falsely misrepresenting your identity or your affiliations; and/or b) using the site for illegal or fraudulent purposes. The Museum reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials the Museum deems to be in violation of this policy. - Ownership of Intellectual Property
The Museum of Health Care owns all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Legal Notice or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of the Museum or any third party. Any unauthorized use of the trade-marks or trade-names of the Museum of Health Care or of third parties is strictly prohibited. - Links
You may not frame this Website nor link to this Website without the express permission of the Museum of Health Care. If you wish to link to this Website, please contact us at [email protected]. Use of any linked site is entirely at your own risk. The Museum makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. The Museum therefore disclaims all liability and responsibility for the availability of information, content, accuracy, products, or services found on third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by the Museum of the linked site or any goods, services or information provided through such Linked Sites. Links from or to websites outside the Site are meant for convenience only. - Compliance with Laws
In addition to complying with this Policy, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. - Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. THE MUSEUM DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MUSEUM DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. THE MUSEUM DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE. YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. THE MUSEUM AND MUSEUM SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE. Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MUSEUM OR ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE MUSEUM, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THIS POLICY SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF THE MUSEUM, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MUSEUM AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF THE MUSEUM POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. - Jurisdiction
The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of your use of this Website. - General
This Policy, any and all other notices, policies and statements contained on the Website (as the same may be amended by the Museum from time to time without prior notice) constitute the entire agreement between the Museum and you. This Policy cannot be modified except as described elsewhere herein. This Policy supersedes anything in the Website inconsistent with this Policy. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of this policy shall be construed as a waiver by the Museum of Health Care. No waiver of any of this Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition. - Severability
If in any jurisdiction any part of this Policy is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of this Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Policy shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.
May 20, 2009 (1)
