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Terms of Use

Welcome to the Oncology Interactive Navigator (OIN) website. This website is designed to provide information for patients as well as their friends and families. This website is provided to you under license from Jack Digital Productions Inc. “JDP” subject to the following Terms and Conditions of use and all other operating rules and policies (including without limitation, JDP’s Privacy Policy), which may be updated by JDP from time to time without notice to you. You can review the most current version of the Terms and Conditions online at any time. The term “JDP” or “us” or “we” or “our” refers to JDP. The term “you” refers to the user or viewer of our website. The term “Client” refers to the government, government agencies, hospitals, institutions, organizations, clinics, health care professionals or others, who are licensing the OIN.

Before accessing the website, please read this agreement carefully. By accessing the website, you agree to be bound legally by the Terms and Conditions of this agreement.

1. Introduction

This website is designed to be a resource for patients. JDP licenses the content of this website for the use of its Clients. Each Client takes the information and content provided by JDP and adapts it for use at their individual location. Access is granted to this website by using an access code that is distributed by the Client.

2. Reliance on Information

The information provided on this website should not be used in place of a consultation with, or the advice of properly licensed and trained health care practitioners. JDP is not responsible for your health care research and decisions, for example, what questions to ask health care and service providers, whether or not to participate in clinical trials, what information you should share with others, or how to find and select support services. This website is only meant to facilitate discussions with such persons, and to facilitate further research. JDP does not recommend self-management of health problems.

JDP is not responsible for any content provided by (I) the Client; or (II) any user of the site, including without limitation, patients, and their friends and families, health care practitioners, service and support providers.

3. Prohibited/Unlawful Use

As a condition of accessing this website, you represent and warrant to JDP that you will not use this website for any purpose that is unlawful or prohibited by this agreement. This website is for personal, non-commercial use only. You may not obtain or attempt to obtain materials or information through any means not intentionally made available by this website. Furthermore, any use of this website and its contents by insurers, employers or any others or by any persons for the purposes of discrimination, harassment, or evaluation or pricing of services, is strictly prohibited.

4. Privacy Policy

The use of your personal information is governed by the terms of the JDP Privacy Policy. Please review this policy carefully.

5. Links

Links to other websites or references to other products, services, organizations or publications are for convenience only and do not constitute endorsement or approval by the Client or JDP. JDP and its Clients make no representations about any other website which you can access through this website. JDP and its Clients cannot and will not warrant the accuracy, completeness, timeliness, non-infringement, merchantability or fitness for any purpose for any information, product or service available through these sites and disclaims any opinions expressed on such sites.

6. Intellectual Property

The materials that are local to this website are protected by copyright, trademark and other forms of proprietary rights and are owned and controlled by JDP. The content, organization, design, illustrations, artwork, graphics and other matters related to this website are protected under applicable copyright, trade-mark, intellectual property and other proprietary Canadian or international laws. Without the prior written consent of JDP and the permission of the applicable rights holder(s), you should not use or permit any third party to use any trade-marks, or trade names, and none of the content of this website may be copied, reproduced or duplicated in any form or by any means whatsoever. You may download and print a single copy of the contents of this site, for personal, non-commercial use if the following copyright notice is included: “Copyright © 2010 Jack Digital Productions Inc.”

7. Disclaimer

JDP PROVIDES THIS WEBSITE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. JDP MAKES NO WARRANTIES, REPRESENTATIONS, OR COVENANTS, (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, PERFORMANCE, RELIABILITY OR NON-INFRINGEMENT AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND JDP MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE JDP WEBSITE OR SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

8. Limitation of Liability

IN NO EVENT SHALL JDP AND ITS LICENSORS AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES , AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, WHETHER IN TORT, CONTRACT, OR ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, FOR LOSS OF DATA, INFORMATION OR PROGRAMS, OR DAMAGE TO COMPUTERS OR NETWORKS, OR FOR BREACH OF PRIVACY AND SIMILAR PERSONAL RIGHTS, OR FROM INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FROM DEFAMATION, LIBEL OR SLANDER,OR FOR DAMAGE ARISING OUT OF RELIANCE ON ANY MATERIALS, INFORMATION, QUALIFICATION OR RECOMMENDATIONS APPEARING ON THIS WEBSITE; OR RELIANCE ON ANY PRODUCTS, TIPS, TOOLS OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE WEBSITE; AND FOR ANY DAMAGE CAUSED BY ANY LINK PROVIDED ON THE WEBSITE, OR OF ANY OTHER DAMAGES WHATSOEVER WHETHER OR NOT JDP AND ITS LICENSORS HAVE BEEN ADVISED OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify and hold JDP, Client, and their subsidiaries and affiliates as well as each of their directors, officers, agents, contractors, partners and employees harmless from and against any action, claim, demand or liability, including reasonable lawyer’s fees, arising out of or relating to your violation of any of the Terms and Conditions of this agreement, the rights of any third party, or your use of the website.

10. Term

JDP may, at its sole discretion, terminate your right to use this website at any time.

11. Governing Law

These Terms and Conditions, and the relationship between you and JDP, shall be governed by, construed and enforced in accordance with the laws of the province of Ontario with regard to its conflict of law provision. You and JDP agree to submit to the personal and exclusive jurisdiction of the courts of Ontario.

12. Miscellaneous

These Terms and Conditions set forth the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether, electronic, oral or written between you and JDP. The failure of JDP to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You may not assign any of your rights and obligations under this agreement. If any provision of these Terms and Conditions 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 these Terms and Conditions remain in full force and effect.