CMPA website - Terms of use agreement

The following terms of use agreement sets out your rights and obligations in respect of your use of the CMPA website.

Acceptance

It is important that you read the following terms and conditions carefully. This terms of use agreement ("Agreement") is a legal agreement between you and the Canadian Medical Protective Association (the "CMPA"), the owner and operator of this website (the "Website"). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, text, images, computer software and code (the "Content"). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement, including without limitation the Privacy Notice set out below. If you do not accept these terms and conditions, you must not access or use the Website. The CMPA may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Not medical-legal advice

The information on the Website is for informational purposes only; it is not intended as an interactive forum and it is not professional legal or medical-legal advice nor is it intended to be a substitute therefore. You should not use any information contained on the Website as a substitute for consultation with legal professionals or other professional advisors. You should not act or abstain from acting based upon information obtained from the Website without first consulting appropriate professional advisors.

Notice to the public

The CMPA does not wish to use this Website as an interactive forum of exchange with the public with regard to questions or issues of a medical-legal nature. Unsolicited e-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact the CMPA, please do so by telephone, fax or regular mail in the manner set out on the Website. Media and other inquiries of a general nature may be forwarded to the appropriate email address listed on the Contact Us page.

Disclaimer of warranties

The Website and the Content is provided "AS IS" and "AS AVAILABLE" without representation, warranty, condition or covenant of any kind, expressed or implied. While the CMPA tries to provide information that is correct, accurate, complete, current, reliable, and timely, the CMPA makes no representations, warranties, conditions, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, condition, or covenant that (i) the Website or Content will always be correct, accurate, complete, current, reliable, or timely, (ii) that the operation of the Website will always be uninterrupted or error-free, (iii) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected, (iv) that the Website will be free from viruses or harmful components, and (v) that communications to or from the Website will be secure and/or not intercepted. The Website and Content DO NOT represent "the standard of care" for Canadian health care professionals - standards of medical care are specific to the facts and circumstances of each individual case, and may be subject to change as scientific knowledge and technology advance and as practice patterns evolve. To the maximum extent permitted by law, the CMPA disclaims all representations, warranties, conditions, and covenants, express or implied, or arising by course of action.

Limitation of liability

While the CMPA endeavours to provide accurate and current information on its website, in no event shall the CMPA, its officers, Council members, employees, agents, licensors, suppliers and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages incurred in connection with your use, misuse or reliance upon the Website or Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the CMPA knew of or ought to have known of the possibility of such damages. You acknowledge and agree that your access to and use of the Website and the Content is entirely at your own risk and liability.

Use of the website

The CMPA authorizes you to access and use the Website for your personal non-commercial use in Canada in accordance with the terms and conditions of this Agreement.

Copyright

The Website and the Content are protected by copyright and other intellectual property laws and is owned by the CMPA and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Website or its Content, including modification, transmission, publication, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the CMPA.

Limited license

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a specific license governing specific Content and this Agreement, the terms of the specific license shall govern.

Good Practices Guide

Subject to the terms and conditions of this Agreement, students, trainees, professors and support staff at the faculties of medicine in Canada and at health professional training programs at post-secondary institutions in Canada are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the CMPA's Good Practices Guide for personal study, teaching and non-commercial use in Canada, and are granted the right to download, store, print and distribute copies of the CMPA's Good Practices Guide, for personal study, teaching and non-commercial use in Canada, provided that all copyright and other notices contained in the CMPA's Good Practices Guide are maintained. Health professional training programs outside of Canada are encouraged to contact the CMPA to seek a license to use the CMPA's Good Practices Guide for personal study, teaching and non-commercial use outside of Canada.

Trademarks

CMPA, ACPM, the CMPA logo, THE CANADIAN MEDICAL PROTECTIVE ASSOCIATION and L'ASSOCIATION CANADIENNE DE PROTECTION MÉDICALE are trade-marks of the CMPA. Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of the CMPA or third parties. While certain trade-marks of third parties may be used by the CMPA under license, the display of third-party trade-marks on the Website should not be taken to imply any relationship or license between the CMPA and the owner of the trade-mark or to imply that the CMPA endorses the products, services, procedures, business, or other information of the owner of the said trade-mark.

Linking

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the CMPA of any third-party website or the content thereof. The CMPA does not operate any third-party website and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. While the CMPA encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of the CMPA, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. The CMPA reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of the CMPA.

Modification to the website

CMPA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without written notice. You agree that the CMPA shall not be liable to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.

Downtime

You acknowledge that the Website and any part thereof may be periodically unavailable in order to allow for maintenance.

Unauthorized use

Unauthorized attempts to defeat or circumvent security features, to use the CMPA system for other than intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation are not permitted. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of Canada or such other jurisdictions as may apply.

Waiver

Any consent by the CMPA to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Termination

The CMPA may, in its sole discretion, terminate or suspend your right to use the Website, or any part of the Website, at any time without notice. In the event of such termination, or suspension, you are no longer authorized to access, view or use the Website, or the part of the Website affected by such termination or suspension. The restrictions imposed on you with respect to material downloaded from the Website, the disclaimers and the limitation of liability set forth in this Agreement, shall survive termination or suspension of this Agreement for any cause. The CMPA shall not be liable to you or any other party for such termination or suspension.

Entire agreement

This Agreement, which includes a Privacy Statement, is the entire Agreement between you and the CMPA relating to your access and use of the Website.

Members-only area

The Terms of use agreement for members sets out your rights and obligations as a CMPA member in respect of your use of the CMPA website and certain access controlled portions of the website, the "members-only area".

Governing law and jurisdiction

The Website is operated by the CMPA from its offices within the province of Ontario, Canada. You agree that all matters relating to your access, or use of the Website and its Content shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom.

Notice

Questions or comments regarding the Website, arising from the media or of a general information nature may be directed by e-mail to inquiries@cmpa.org.

Language

Ce Contrat est également disponible en français.