Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Note that these Terms and Conditions are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.
The CPA may modify, supplement or amend these Terms and Conditions at any time by updating this page. You should visit this page periodically to review these Terms and Conditions. If you do not agree with any changes, you should not continue to use the Site. Your continued use of the Site will signify your acceptance of any changes to these Terms and Conditions.
Content and Copyright
The Site, its design, all text, graphics, content, video, audio and the selection and arrangement ("Content") are the property of the CPA, its third party providers and distributors (“Third Party(ies)”), and are protected under the copyright laws of Canada and other countries. None of the Content found on the Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified in any form without the express written permission of the CPA and as applicable Third Parties.
Not Medical Advice
The information on the Site is for informational purposes only; it is not intended as an interactive forum and it is not professional medical advice nor is it intended to be a substitute therefore. You should not use any information contained on the Site as a substitute for consultation with a medical or other professional. You should not act or abstain from acting based upon information obtained from the Site without first obtaining appropriate professional advice.
CANADIAN PHYSIOTHERAPY, PHYSIOTHERAPY.CA, and all other related trade-marks, logos, or other marks displayed on the Site (collectively, the “Trade-marks”) are registered and/or common law trade-marks of the CPA or Third Parties (used under license). Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trade-marks, including the Trade-marks, except with the express written permission of the CPA or the applicable Third Party.
Use of Site
You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws. TheSite nor its Content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the CPA.
Except as provided below, you may view and use the Site and are granted the right to download, display, store and/or print single copies of items comprising the Content for your personal, non-commercial use only. Unauthorized use of the Site and/or the Content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the Content on the Site. The use of that Content on any other website or in any environment of networked computers is prohibited.
In its sole discretion, in addition to any other rights or remedies available to the CPA and without any liability whatsoever, the CPA at any time and without notice may terminate or restrict your access to any component of the Site.
User Name and Password
In order to access some features of the Site (for example, certain members-only areas), you may have to or have the option to create an account. You may not use another's account without permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.
Your account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the CPA.
All login names and passwords remain the property of the CPA, and may be cancelled or suspended at any time by the CPA without any notice or liability to you or any other person. The CPA is not under any obligation to verify the actual identity or authority of the user of any login name or password.
The CPA recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. You must immediately notify the CPA of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Although the CPA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the CPA or others due to such unauthorized use.
The CPA may enable visitors to the Site to provide the CPA with feedback by email or otherwise (“User Content”). By posting User Content, you grant the CPA a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the User Content. You also grant the CPA the right to use the name you submit with the User Content, if any, in connection with the CPA’s rights set out in this section.
You must not post any User Content that is hateful, threatening, infringes or violates someone else’s rights, or otherwise violates the law.
In addition, you agree that you will not submit as part of any User Content any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant all the license rights granted herein to the CPA.
The CPA does not endorse any User Content or any opinion, recommendation or advice expressed therein. The CPA expressly disclaims any and all liability in connection with any User Content submitted by others.
Disclaimer of Warranties
Except as explicitly provided in these Terms and Conditions as amended from time to time, the CPA and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Site and/or any Content provided on the Site, all of which are provided on an “AS IS” and “AS AVAILABLE” basis. The CPA and the Third Parties do not warrant, and expressly disclaim, all warranties and conditions relating to: (i) the accuracy, completeness, currency, reliability or suitability of the operation of the Site, or any of the Content or data found on the Site, (ii) that the operation of the Site will be uninterrupted and error free; (iii) that the Site will be free from viruses or harmful components; and (iv) that communications to or from the Site will be secure and/or not intercepted.
The CPA and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.
Limitation of liability
In no event will the CPA or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Site or its Content, the operation of the Site or any failure or delay in the operation of this Site (including, but not limited to the inability to use any component of physiotherapy.ca, even if the CPA knew or ought to have known of the possibility of such damages. You acknowledge and agree that your access to and use of the Site and the Content is entirely at your own risk and liability.
The Site contains links to websites owned or operated by other entities which are not associated or affiliated with the CPA. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the CPA of the linked website or information contained therein or of their security or privacy practices. The CPA will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites and/or purchase any products or services from the owners or operators of such websites, you do so at your own risk and the CPA shall have no responsibility to you in relation to such access or purchases. Framing of the Site or any of its Content in any form and by any method is strictly prohibited.
You may not gather, extract, reproduce and/or display on any other non-CPA website or other online service, any material on or from the Site, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of the CPA.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms and Conditions.
Linking to the Site
While the CPA encourages links to the Site, 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 CPA, or (ii) any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon 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 CPA reserves the right to prohibit or refuse to accept any link to the Site, 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 Site upon the request of the CPA.
The provisions with the headings “Disclaimer of Warranties” and “Limitation of Liability” will survive the termination of your access to the Site.
Governing laws, Jurisdiction
You consent and submit to the exclusive jurisdiction of the courts located in the City of Ottawa, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Site and these Terms and Conditions. These Terms and Conditions and the performance thereof will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in Ontario.
Additional terms and conditions apply to purchases of products and services. event or registration on the Site. These will be provided to you at the time of purchase or registration. Additional terms and conditions may also apply to specific website functions available on the Site.
These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by the CPA as set out above.
You acknowledge that the Site and any part of therefore may be periodically unavailable in order to allow for maintenance.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.