Ontario Long Term Care Association Terms of Use

Please read the following carefully.

IMPORTANT!  Thank you for visiting the Ontario Long Term Care Association (“OLTCA”) website and related sub-sites (collectively, the “Site”).

We are pleased that you wish to use the information and services, including our Learning Academy and Coaching Corner (collectively, the “Services”) available through the Site, as well as download and obtain certain webinars, teaching materials, videos, “best practice” guidelines, templates and model policies, educational courses and materials, software, coaching materials, and other research materials made available by OLTCA or any third parties that use our Site, including member organizations (collectively, the “Materials”) through the Site.  Please read these Terms of Use carefully before browsing the Site, using the Services or posting/obtaining/using Materials.  Any person or organization that wishes to use this Site must accept these Terms of Use without change.
BY ACCESSING THIS SITE, USING THE SERVICES AND OBTAINING/USING MATERIALS, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE, INCLUDING THE PRIVACY POLICY  AND THE DISCUSSION BOARD TERMS OF USE, WHICH AS INDICATED IN THESE TERMS OF USE, ARE INCORPORATED BY REFERENCE.

These Terms of Use or any other policies or guidelines governing the Site are subject to change by OLTCA at any time in its sole discretion.  Any changes will be effective upon the posting of the revisions on the Site.  Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use.  Your continued use of this Site, the Services and Materials after such changes are implemented will constitute your acknowledgment and acceptance of the changes.  Please consult these Terms of Use regularly.  IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES.

1. Your Registration Obligations.

(a) In connection with your use of certain Services, including the posting/acquisition of Materials on the Site, you may be asked to provide certain registration details or other information.  It is a condition of your use of this Site that all the information (collectively, Registration Data) that you provide to this Site will be correct, current, and complete.  If OLTCA believes that the Registration Data that you provide is not correct, current, or complete, then OLTCA has the right to refuse you access to this Site or any of its Services or Materials, and to terminate or suspend your access and account at any time, as well as refuse any and all current or future use of the Site, the Services or Materials or any portion thereof.  However, OLTCA has no obligation to verify the accuracy, currency completeness or usefulness of any Registration Data that you have provided.

(b) You must be at least eighteen years old to use the registered Services and post/acquire Materials. Your use of the Services and posting/acquisition of the Materials is a representation to OLTCA that you are at least eighteen years of age. You agree that you shall not impersonate or in any way misrepresent your authority to act on behalf of any person, company, or other entity (including in connection with the posting/acquisition of Materials) and you agree to cooperate with OLTCA’s reasonable measures to verify your identity and authority in connection with your use of the Services and posting/acquisition of Materials.  Additionally, if you intend to post Materials, you further represent and warrant that you have all legal rights to make such Materials available to OLTCA for the purposes contemplated on this Site, and that that provision of such Materials, and the contemplated use thereof by OLTCA and other members and others does not violate the intellectual property rights of any third parties in Canada or elsewhere.

2. Restrictions On Use.

You may use this Site for your own internal business purposes as expressly permitted by this Site.  You may not use this Site for any other purpose, including any commercial purpose, without OLTCA’s express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of OLTCA.  For purposes of these Terms of Use, “co branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and OLTCA.  You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from OLTCA and at all times you will cooperate with OLTCA following OLTCA’s discovery of any such illegal activity. 

3. Proprietary Information.

(a) The Site contains text, information, graphics, teaching materials, webinars, best practice guidelines, policies, templates, videos, photos, software, logos, icons and other materials (“Site Content”) furnished by OLTCA.  The Site Content is protected under Canadian copyright, patent and trade-mark laws and other laws of Canada and other nations.  All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of OLTCA.  You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Site Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, unless as expressly authorized by the Site without the prior written consent of OLTCA.  You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of OLTCA or allow any third party to access the Site Content.  The restrictions set out herein shall not apply to the limited extent the restrictions are prohibited by applicable law.

(b) Permission is granted to you to download and make one printed copy of the Site Content for your own private, non-commercial use only, without alterations, so long as the following copyright notice is included: “Copyright © 2014 Ontario Long Term Care Association. All rights reserved.”  You do not acquire any ownership rights by downloading Site Content from the Site.

(c) Trade-marks, service marks, and logos appearing in this Site are the property of OLTCA or the party that provided the trade marks, service marks, and logos to OLTCA.  OLTCA and any party that provided trade-marks, service marks, and logos to OLTCA retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Site.  Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site.
  
4. Third Party Content.

(a) This Site also contains information or materials, including Materials and Services (“Third Party Content”) that is owned or provided by organizations other than OLTCA, including by its members, commercial members and affiliate members (collectively, “Third Party Providers”).  Much of this Third Party Content is made available to you via our Learning Academy and Coaching Corner which is intended to act as an ‘electronic library’ to facilitate the exchange of ideas and help encourage best practices amongst our members.  However, OLTCA makes no representations, warranties or conditions with respect to such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content.  Inclusion of Third Party Content from Third Party Providers on this Site does not mean, unless expressly stated otherwise, that OLTCA endorses or agrees with such Third Party Content.
 
(b) You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all of their proprietary rights, title or interest, including copyright, in their respective Third Party Content, unless as expressly authorized by the Third Party Providers.

(c) You further understand and acknowledge that your access and use of certain of the Third Party Content may be subject to and governed by separate license agreements or legal documents (“Third Party Agreements”).  You agree that  your  review of all such Third Party Agreements that are made available to you through the Site and that your use or acquisition of such Third Party Content will signify your consent to the terms of all such Third Party Agreements governing the Third Party Content.  OLTCA shall not be responsible whatsoever for any damages that may arise from (i) your failure to review or consent to any Third Party Agreements; or (ii) any breach by you of such Third Party Agreement.

(d) Subject to any additional or conflicting terms in a particular Third Party Agreement, you may not sell, license, transfer, publish, reproduce, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers.
 
(e) Subject to any additional or conflicting terms in a particular Third Party Agreement, you are granted a limited license to display on your computer or mobile device, download, use and make a reasonable number of printed copies of the Third Party Content for your own private, non-commercial use only, so long as (i) you do not modify any such Third Party Content; and (ii) you ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained.  Nothing in this limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site.
 
(f) The rights and limitations in this Section 4 are for the benefit of each Third Party Provider, each of which shall have the right to enforce its rights under this section directly and on its own behalf in addition to their rights under the Third Party Agreements.

5. Hyperlinks.

This Site contains hyperlinks to other sites that are not maintained by, or related to, OLTCA.  Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by OLTCA of, any affiliation with or endorsement by the owner of the linked site, including any affinity programs that may be hyperlinked to the Site.  OLTCA has no control over such third party sites.  OLTCA is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site.  OLTCA does not assume responsibility for the accuracy, completeness, accessibility and usefulness of the information, data, opinions, advice or statements contained at such sites and your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk.  OLTCA accepts no liability for any direct, indirect, incidental, exemplary, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such content, goods or services available on or through any such linked website.  You also understand and agree that OLTCA’s Privacy Policy  is applicable only while you are using the Site.  Once you are linked to another website, you should read the privacy statement of that website before disclosing any personal information.
 
6. Dealings with Advertisers.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site or through the Services, including the delivery and payment for goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party.  You agree that OLTCA shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of your dealings or as the result of the presence of such advertisers on the Site or made available to you through the Services.

7. Use of the Services and the Materials.

(a) While OLTCA attempts to be as accurate as possible regarding the Services and the Materials, and to ensure that all information contained on the Site is accurate and up-to-date, we do not represent or warrant that any information contained on the Site (whether available as Materials or obtained through use of the Services) is accurate, useful, current, complete, reliable or error-free.  OLTCA does not independently assess the quality of offerings made available by Third Party Providers.  Accordingly, you understand and agree that OLTCA: (i) does not make any representations or warranties as to the quality of any Materials obtained from Third Party Providers or otherwise that provide Services or Materials through on the Site; (ii) will not be responsible in any way whatsoever for any Services or Materials that you may receive from a Third Party Provider or otherwise through this Site; (iii) will not be responsible for the accuracy, completeness or reliability of any comments, reviews or information posted by other user on the Site, including but not limited to, the rating of any particular services offered by a Third Party Provider; and (iv) is not your agent in any regard regarding the Services or Materials.  We ask and expect that you will use your own judgment and will exercise caution and common sense in evaluating any prospective Services or Materials and any information provided by any third party (including users) through the Site or otherwise.

(b) Accordingly, you understand and agree that the Services and Materials are provided on an "AS-IS, AS AVAILABLE" basis without any warranty, representation or covenant of any kind, including as to any result or benefit that you may obtain through your use of the Services, the Materials or the Site, and that OLTCA assumes no responsibility for the timeliness, truthfulness, accuracy, reliability or completeness of any information made available to you through the Services or the Materials or for the misdelivery of any information accessed or downloaded by you.  You acknowledge that any reliance on the Services or the Materials will be at your own risk and that you must evaluate and bear all risks associated with the use of any Services or Materials, including any reliance on the accuracy, completeness, or usefulness of such Services or Materials.  OLTCA shall be held harmless and blameless by you and free of any and all damages, losses or liabilities that may occur as a result of any use or application of the information provided by OLTCA in connection with your use of the Services or from use of the Materials.

8. Conduct and the Use of Email and the Site/Submissions.

(a) OLTCA expects that you will access and use the Site in a professional, responsible and business-like manner in accordance with applicable laws.  As a visitor to the Site, you may have the opportunity to post comments, submit questions or other information regarding the Services and the Materials or otherwise, or otherwise engage in dialogue with representatives of OLTCA through the sending of email to the Site.  You will also have access to OLTCA’s online Discussion Board.  You acknowledge that use of OLTCA’s Discussion Board is subject to the OLTCA Discussion Board Terms of Use, which is available below and is incorporated by reference herein.
 
(b) OLTCA welcomes your Materials, content, remarks, reviews, suggestions, ideas, graphics, photos and other information communicated to OLTCA by you through this Site (collectively, a “Submission”) so long as such Submissions are not obscene, illegal, threatening, defamatory, libellous, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties and does not consist of or contain software viruses, commercial solicitation, chain letters, political campaigning, or any form of “spam”.  You are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading OLTCA as to your identity when you are on the Site or otherwise communicating with OLTCA.

(c) You hereby grant to OLTCA a royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to OLTCA by you through this Site (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you.  You represent and warrant that you own or otherwise control all of the rights to the Submission that you post; that the Submission is accurate; that the use of the Submission that you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify OLTCA for all claims resulting from any Submission that you provide to OLTCA.  In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. OLTCA will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future OLTCA operations.  For greater clarity, OLTCA also reserves the right, in its sole discretion, to refuse to post any Submission that it receives from you.

(d) You further agree that you shall use this Site for lawful purposes only and represent and warrant that you will not use the Site to:

(i) download, post, e-mail or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, inflammatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Submission which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international laws, including that which harms minors in any way;

(ii) download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(iii) download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;

(iv) use the Site or any Site Content or Third Party Content (collectively, “Content”)  to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(v) upload, post, e-mail or otherwise transmit any Submission to the Site that contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any of OLTCA’s or third party computer hardware, software, networks, or hardware or telecommunications equipment;

(vi) interfere with or disrupt the Site or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;

(vii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;

(viii) use bots or other automated methods to access the Site, add or download contacts, send or redirect messages, or perform other activities through various social networking sites, unless explicitly permitted by OLTCA;

(ix) access, via automated or manual means or processes, the Site for purposes of monitoring the Site’s availability, performance or functionality for any competitive purpose;

(x) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;

(xi) attempt to or actually access the Site by any means other than through the interfaces provided by the OLTCA such as its mobile application or by using a web browser. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Site;

(xii) attempt to or actually override any security component included in or underlying the Site;

(xiii) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site;

(xiv) upload through a Submission or otherwise, any personal information of members, users or otherwise, including personal information of residents, substitute decision makers, employees, consultants or other individuals;

(xv) collect or store personal information about other members or users of the Site or Content or disseminate such personal information through a Submission or otherwise;

(xvi) use the Site, the Services or the Materials for any public or commercial purposes, without the express prior written permission of OLTCA; or

(xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Content.

(e) Any breach of the above representations, covenants and warranties will result in immediate termination of your use of the Site, and, if appropriate, referral to relevant law enforcement authorities.

(f) OLTCA will treat any personal information that you submit to this Site in accordance with its Privacy Policy .
 
9. Privacy Policy.

Please click here  to read and review OLTCA’s Privacy Policy, which describes OLTCA’s privacy policies and practices in detail, as such statement may be amended from time to time by OLTCA.  Please check the Privacy Policy on a frequent basis for changes.  You hereby consent to the use of your personal information by OLTCA, including related to the acquisition of Materials, in accordance with the terms and for the limited purposes set forth in the Privacy Policy.   By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to OLTCA’s Privacy Policy.
 
10. Disclaimer of Warranties/Limitation of Liability.

(a) You understand that OLTCA cannot and does not guarantee or warrant that Content available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.  OLTCA does not assume any responsibility or risk for your use of the Content, the Internet or any other network.
 
(b) You, and not OLTCA, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site and the Content.  Any Content downloaded or otherwise obtained through your use of the Site is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material.  OLTCA does not represent or warrant that the Content, the Services and the Site and its servers or email sent from the Site are free from viruses or other harmful components.

(c) YOUR USE OF THIS SITE, THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK.  EVERYTHING ON THE SITE, INCLUDING THE CONTENT AND SERVICES AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  OLTCA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE FOR THE SITE, THE SERVICES AND THE CONTENT. 

(d) OLTCA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE SITE, THE SERVICES AND THE CONTENT OR THEIR USEFULNESS FOR YOUR PURPOSES.  FOR GREATER CLARITY, OLTCA DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR COMPLIANCE REQUIREMENTS PURSUANT TO ANY APPLICABLE LEGISLATION OR ANY OTHER REQUIREMENTS IN ANY WAY; (II) ANY DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE USE OF THE CONTENT, SERVICE AND/OR THE SITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE CONTENT, THE SERVICES OR THE SITE OBTAINED THROUGH THE SITE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; OR (V) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH YOUR USE OF THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS.  THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND OLTCA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
 
(e) IN NO EVENT SHALL OLTCA, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF INCOME, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC LOSS ARISING FROM: (I) YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR ANY CONTENT OBTAINED THROUGH THE SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT, SITE OR SERVICES VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE, SERVICES OR THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (IV) ANY FINDINGS RELATED TO THE CONTENT, SITE OR SERVICES BY ANY REGULATORY AUTHORITY; OR (V) ANY OTHER MATTERS RELATING TO THIS SITE, ANY SUBMISSIONS, THE SERVICES, OR THE CONTENT, BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT SUCH OLTCA HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.

(f) OLTCA DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnity.

You agree at all times to defend, indemnify and hold harmless OLTCA, its directors, members, employees, contractors, agents, officers, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, Services or the Content, from Submissions that you post to, submit or transmit through the Site or from your violation of these Terms of Use.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content, Services and the Site, including any charges or complaints made by other members against you.  OLTCA reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. You will cooperate as fully as reasonably required in the defence of any claim.  OLTCA reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

12. Security.

(a) Any usernames and passwords used for this Site are for individual use only.  You will be responsible for the security of your username and password.  OLTCA will be entitled to monitor your username and password and, at its discretion, require you to change them.  If you use a username or password that OLTCA considers insecure, OLTCA will be entitled to require the username or password to be changed and/or terminate your account.
 
(b) You further agree not to disclose your password to any other person and OLTCA and its officers, directors and employees will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password.  You also agree to change your password on a regular basis in order to reduce the potential for unauthorized third party use and agree to notify OLTCA immediately upon becoming aware of any known or suspected unauthorized use(s) of your password to gain access to your profile, or any known breach of security, including loss, theft or unauthorized disclosure of your password or account or any other breach of security, via e-mail to websupport@oltca.com if at any time your password or username is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised.  OLTCA cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. 

(c) If OLTCA cancels your username or password for any reason, you agree not to reregister with us without OLTCA's prior written consent. In the event that you reregister without OLTCA's prior written consent, OLTCA will have the right in its sole discretion, without notice to you, to cancel your username and password.

(d) You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, OLTCA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  OLTCA reserves the right to investigate suspected violations of these Terms of Use.
 
(e) OLTCA reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing OLTCA to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  By accepting this Agreement you waive, and hold OLTCA harmless from, any claims resulting from any action taken by OLTCA during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either OLTCA or law enforcement authorities.
 
13. Violations.

Please report any violations of these Terms of Use to OLTCA at info@oltca.com.

14. Applicable Law.

These Terms of Use and any action related thereto or related to the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws.  The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement.  You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the Site, the Content and the Services will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.  Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use the Site or the Content in any such circumstances.  Sections 2-11, 14, 16 and 19-23 shall survive any termination of these Terms of Use for any reason.

15. Termination.

You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use this Site.  You agree that this agreement can only be terminated by you once you have stopped using the Site, including any Services and Content.  OLTCA reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if OLTCA believes that you are violating these Terms of Use in any way.  OLTCA also has the right, in its sole discretion, to remove any Submissions from the Site.  OLTCA may also terminate your password on the Site at any time, with or without cause or notice, for any reason.  If you wish to terminate your account, you many choose to cease your use of the Site or to send OLTCA notification by e-mail at info@oltca.com.  OLTCA shall not be responsible for maintaining or returning Submissions, Content or your password.  You should always maintain a copy of your Submissions.

16. Entire Agreement.

These Terms of Use and any other legal notices, policies and guidelines of OLTCA linked to these Terms of Use constitute the entire agreement between you and OLTCA relating to your use of this Site and Content and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

17. No Agency; Third Party Beneficiary.

OLTCA is not your agent, fiduciary, trustee, or other representative, including as against Third Party Providers unless the Third Party Provider Agreement states otherwise.  Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use.  These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of OLTCA, you, and relying Third Party Providers.

18. Assignment.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of OLTCA.

19. Severability.

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

20. No Waiver.

OLTCA will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by OLTCA.  No delay or omission by OLTCA in exercising its rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  OLTCA’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of OLTCA’s right to subsequently enforce such provision or any other provisions of these Terms of Use.

21. Headings.

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.

22. Electronic Communications.

You consent to receive communications from OLTCA electronically.  OLTCA will communicate with you by e-mail or by posting notices on the Site.
 
23. Language.

You agree that English will be the language of the Site and of all transactions occurring in connection with the Site, and you agree to waive any right to use and rely upon any other language or translations.  You acknowledge that it is your express wish that these Terms of Use have been drawn up in English.  C'est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s'y rattachent soient rédigés en anglais.

Last updated: February 28, 2014



OLTCA Discussion Board Terms of Use


We welcome your participation on OLTCA’s Discussion Board(s). Our goal is to encourage lively and intelligent discussion on a variety of topics of interest to professionals working in and interested in long term care environments and related issues.

OLTCA reserves the right to deny access to OLTCA Discussion Boards or remove the posting privileges of users who violate the OLTCA Discussion Board Terms of Use, Disclaimer and Legal Rules, etiquette requirements or other related OLTCA policies.

1. Terms of Service.

By participating in an OLTCA Discussion Board, you are agreeing to abide by the following rules:
Please state concisely and clearly the specific topic of the post in the subject line of the entry. This allows users to respond more appropriately to your posting and makes it easier for users to search the archives by subject.

We encourage lively discussion and debate but remember that disagreeing with an idea is different from attacking individuals, including OLTCA users or staff. Messages and materials that are defamatory, abusive, profane, threatening, sexist, homophobic, racist, offensive or illegal are strictly prohibited.

OLTCA Discussion Boards are for non-commercial use. Advertising is not allowed. Please do not post messages containing any solicitation of funds, advertising or solicitation of goods or services. This includes (but is not limited to) posting of job openings, availability or position wanted messages.

Please do not post material that is protected by copyright, such as complete articles copied from another source, unless you are the copyright holder or have the author's permission.
 
Use caution when discussing individuals, your organization generally and its products and services. Information posted on OLTCA Discussion Boards is subject to libel, slander and antitrust laws.

The consequences of distributing documents containing viruses, malware or bugs are widely known. Therefore, please do not post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Please take care when including contact information in posts or comments. Refer to user profiles when available. If you do not have a profile, you may include an e-mail. Understand that OLTCA cannot protect the privacy of this information. It may be vulnerable to spam or other negative Web practices.

Any user who violates the OLTCA Discussion Board Terms of Service, Disclaimer and Legal Rules, etiquette requirements or other related OLTCA policies will be subject to the following process:
  - OLTCA and/or the applicable OLTCA Discussion Board Moderator will contact the user as to the inappropriate nature of the posting. This may lead to being denied further posting privileges.
  - In the event of a second violation or the failure to make the necessary changes, the user will be notified that any future inappropriate postings will result in the member or guest being denied OLTCA Discussion Boards posting privileges.
  - Should a third violation occur, the discussion board advisory group (users and staff moderators) will review violations and make a final decision regarding the member’s or guest’s discussion board privileges.  The user will be notified of any decision to remove their posting privileges.
  - The OLTCA Discussion Boards technology allows messages to be copied by others. OLTCA cannot control this activity. OLTCA does not and cannot review every message posted on OLTCA Discussion Boards and is not responsible for the content of these messages. OLTCA, however, reserves the right to delete, move or edit messages that violate the terms above.

OLTCA will make every effort to delete, move or edit offensive messages immediately. It may take time for such changes to take effect, since we do not have control over externally cached information.

2. Disclaimer.

OLTCA Discussion Boards are provided as a benefit for members of and other interested parties in OLTCA. OLTCA accepts no responsibility for the opinions and information posted on the OLTCA Discussion Boards by others. OLTCA expressly disclaims all representations, warranties and conditions with regard to any information posted on the OLTCA Discussion Boards, whether posted by OLTCA or any third party (including any and all implied warranties of merchantable quality and fitness for particular purpose). In no event shall OLTCA be liable for any direct, special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits arising out of, or in connection with, the use or performance of any information posted on the OLTCA Discussion Boards.

While OLTCA attempts to review downloaded documents posted to the OLTCA Discussion Boards, any material downloaded or otherwise obtained through the OLTCA Discussion Boards is done at your own discretion and risk and you are solely responsible for any damage to your computer system, loss of data or any other damage or loss that results from the download of any such material.

Please do not post any defamatory, abusive, profane, threatening, racist, sexist, homophobic, offensive or illegal materials or post any information or other material protected by copyright without the permission of the copyright owner. Also, please do not post any personal information (especially personal health or financial information) whether about you or third parties.  By posting material, the posting party represents and warrants that s/he owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants OLTCA and users of the OLTCA Discussion Boards the nonexclusive right and license to display, copy, publish, distribute, transmit, print and use such information or other material.

OLTCA attempts to monitor the OLTCA Discussion Boards for inappropriate postings but does not independently undertake editorial control of postings. However, in the event that any inappropriate posting is brought to OLTCA’s attention, OLTCA will take all appropriate action that it deems necessary in its sole discretion.

OLTCA reserves the right to terminate access to any user of OLTCA Discussion Boards who does not abide by these Discussion Board Terms of Use.

3. Etiquette Requirements.

As with any community, there are simple rules of etiquette that should guide users in communicating with ease and ensure a free flow of information:

Please select the one most appropriate OLTCA Discussion Board for your posting. Be sure the topic is relevant to the Board.

Please do not post the same question or topic in more than one Discussion Board heading.  You may not receive a response or the number of responses you were expecting. You can increase your message’s visibility by adding additional comments to your original posting. This will bring it to the top of the forum list as the most recent posting. If you feel that a different forum will increase your responses, delete your original posting and move it to a more appropriate discussion forum.

Please be brief when posting. Understand that users have limited time for reading entries. Respect that time by being succinct and to the point.

When responding to comments or a post, it is not necessary to include the entire text of their comment or post in your response. Explain to whom and what you are responding and summarize or quote pertinent information as needed.

Read your entry before posting. Check for typos and grammatical errors that may allow users to misconstrue your entry. Refrain from using all caps.  An edit feature exists for users to correct errors after posting.

Before posting a question, please perform a discussion board search. Performing a search will determine if your area of interest is part of a previous post or discussion thread. If you cannot find a similar topic or you want more information, you may post a new topic thread or add to an existing similar thread.

Last updated: February 28, 2014