Terms of Use

CPCNA Terms of Use Policy

January 16, 2021

 

Please read these Terms and Conditions carefully before using the Canadian Palliative Care Nursing Association (CPCNA) website (www.cpcna.ca).

The Canadian Palliative Care Nursing Association may revise and update these Terms and Conditions at any time. Your continued usage of the CPCNA website will mean you accept those changes.

The contents of the CPCNA site, such as text, graphics, images, information obtained from CPCNA licensors and other material ("Content") contained on the CPCNA site is for informational purposes only.  

Copyright and Use of Content 

CPCNA authorizes you to view or download a single copy of the material on the CPCNA Site solely for your personal, non-commercial use if you include the following copyright notice: "Copyright ©, Canadian Palliative Care Nursing Association, (www.cpcna.ca), 2021 all rights reserved" and other copyright and proprietary rights notices which were contained in the Content.

 

Any special rules for the use of certain software and other items provided on the CPCNA Sites may be included elsewhere within the Sites and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both Canadian and foreign laws. Title to the Content remains with CPCNA or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CPCNA. All rights not expressly granted herein are reserved to CPCNA and its licensors.

The contents on the Site, including academic publishing, policies, resources and all texts, logos, designs, audio clips, wares, graphics, icons, video footage, digital downloads, images or data compilations, is the sole property of the CPCNA or its affiliates and is protected by Canadian and international copyright laws. You agree that CPCNA and its affiliates have exclusive rights, title and title interest in and to the Site, and any content, including all associated intellectual property rights.

 

The posting or upload of any content, information or materials to the Site does not in any way whatsoever constitute a waiver by the CPCNA of its rights to such content, information, documents and materials.  You further agree that any materials obtained from or downloaded from the Site shall be used for non-commercial or educational purposes and you further agree to credit or associate the CPCNA, where the CPCNA is the original creator of the content, or the original owner as the original source.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Event Postings Disclaimer

The use of and/or reliance on the CPCNA Events Page shall hold harmless the CPCNA and its board officers and employees, from any claim related to such use. Persons requesting posting on, using, or attending events posted on the CPCNA Events Page shall hold harmless the CPCNA Events Page and its board officers and employees from any claim that the content is not applicable.

 

Job Postings Disclaimer

Jobs listed under the CPCNA job board are third-party information and responsibility. CPCNA does not validate any job postings and is not liable for the content or outcome of interactions between members and job posters.

 

Social Media

The CPCNA uses social media as a platform to further the CPCNA’s organizational mission and goals. From time to time, the CPCNA reviews postings on our social media sites and reserves the sole right to delete any such social media postings or comments that the CPCNA at its sole discretion deems offensive or not in alignment with our organizational mission or goals.  You agree and understand that any comments, pictures, audio or video posted by members of the public or members of CPCNA to any of the CPCNA social media sites does not reflect the opinions of the CPCNA or our affiliates in any way whatsoever.

 

Forms, Agreements & Documents

The CPCNA provides, from time to time through the Site, forms, research documents, journal articles, clinical practice guidelines and other educational resource materials (collectively, “Resource Materials”).  These Resource Materials are provided to you on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to distribute, assign, re-license, sublicense or transfer such license to any other affiliate. 

All Resource Materials are provided without any representations or warranties, express or implied, as to their accuracy, currentness, suitability, legal effect, completeness and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, AND THE CPCNA AND ANY PROVIDER OF RESOURCE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Resource Materials are not meant for all and may be inappropriate for your particular purpose. You agree to consult with a legal professional to determine the appropriate legal or business documents necessary for your particular use purpose, as the Resource Materials are provided as is and are not applicable to all nurse practitioners at all times. 

 

Prohibitions and Restrictions on Use

You acknowledge and agree that your access and use of the Site and any content, materials or documents are subject to restrictions and prohibitions (“Content and Materials”). Unless in compliance with sections 29. 29.1 or 29.2 of the Copyright Act R.S.C., 1985, c. C-42, you shall not:

  1. use any Content and Materials retrieved from our Site in a manner that infringes any copyright, property right, intellectual property right, or proprietary right or CPCNA, the original owner or any third parties; 

  2. reproduce, republish, copy, print, display, distribute, transmit, lease, sell, rent, loan or otherwise make available in any form or by any means, all or any portion of the Site or any Content and Materials retrieved from the Site; 

  3. use the Site or any Content and Materials accessed or retrieved from the Site to develop, any information, storage or database or a similar resource, in any media form currently in existence or to be developed hereafter, that is offered for commercial or monetary consideration of any kind, including through a rental, sale, licensure, lease, subscription, or any other commercial distribution means or channels; 

  4. create any derivative or compilation works of any Content and Materials retrieved from the Site; 

  5. remove, modify, obscure or change, in anyways whatsoever any copyright or other proprietary notice or terms of use accessed or obtained from the Site; 

  6. remove, reverse engineer, decompile or disassemble any Site software or use any network monitoring or discovery software to determine the Site architecture; 

  7. use the Site for the purpose of gathering information for or transmitting: 

    • unsolicited commercial email; 

    • email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and 

    • unsolicited telephone calls or facsimile transmissions; 

  8. use any manual or automatic process or software to collect any information from the Site or use any technology or monitoring device to determine the Site’s architecture or technical blueprint; or

  9. use the Site or any Content and Material retrieved from the Site in a manner that contravenes any provincial, or federal or international law.

 

Linking to Other Websites

The Site contains links to other third-party websites. The CPCNA is not responsible for the content, materials, documents nor their accuracy or the opinions expressed in such other third-party websites. You acknowledge and agree that the CPCNA does not investigate, monitor or check the accuracy or completeness of such other third-party websites. The placement of any link to a third-party website on our Site does not imply approval or endorsement of the linked third-party website by the CPCNA. If you decide to leave our Site and access these third-party sites, you acknowledge and agree that you do so at your own risk.  

You agree that the terms and conditions, policies (including privacy policies) and representations of the third-party website shall apply to you while on any such third-party website. We are not responsible for information provided by you to any such third-party website. We and the third-party website are independent entities without authority to make any warrants, commitments or representations on the other’s behalf.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR PURCHASE FROM ANY THIRD-PARTY WEBSITE ACCESS THROUGH A LINK ON THE SITE IS AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE CPCNA, WHETHER EXPRESSED, IMPLIED OR OTHERWISE INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, WARRANTIES OF TITLE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS CPCNA LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITE LINKED TO OUR SITE.

 

Warranty and Representation

THE CONTENT, INFORMATION, MATERIALS AND DOCUMENTS OBTAINED FROM OR THROUGH THE SITE IS PROVIDED “AS-IS”. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE CONTENT, INFORMATION, MATERIALS AND DOCUMENTS OBTAINED FROM OUR SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CPCNA NOR CPCNA ITS AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS, SUCCESSORS, AND ASSIGNS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE.

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THE CPCNA ITS AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS, SUCCESSORS, AND ASSIGNS WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), ON BREACH OF CONTRACT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE CONTENT, INFORMATION, MATERIALS AND DOCUMENTS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

Non-Transferable Use

You acknowledge and agree that your right to use the Site is not transferable or assignable. Any access, login credential or right given to you to obtain or access information or documents on the Site is not transferable or assignable.

 

Indemnification

You agree to indemnify, defend and hold The CPCNA its affiliates, service providers, officers, directors, employees, contractors, agents, licensors, suppliers, advertisers, successors, and assigns harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

 

Arbitration

Any cause of action or legal claim that arises out of or relates to this Agreement or your use of the Site, excluding any legal action taken by the CPCNA or on its behalf to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. Any such action or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, whether or not such claims or actions are related.  The arbitration shall be conducted in Alberta, Canada.  Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Alberta, Canada where necessary to protect their rights or interests pending the completion of arbitration. The cost of arbitration shall be born equally between both parties.

 

Legal Compliance

You agree to comply with all applicable laws including provincial, federal and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

 

Use of Information

All posts, remarks, ideas, uploads, graphics, suggestions, ideas, or other information communicated to the CPCNA through this Site (collectively, the “Submission”) will remain the property of the CPCNA in perpetuity. The CPCNA will not treat any such Submissions as confidential or any such manner and shall not be liable for the use of any ideas in such manner, without limitation to marketing. The CPCNA shall not incur any liability for similarities in its future materials, including brochures, product offerings, or processes of the CPCNA. 

 

Without limitation, You agree that the CPCNA has exclusive ownership of all present and future existing rights to the Submission made to the Site. The CPCNA shall have full rights and authority to the use of the Submissions made to the Site for any commercial purpose whatsoever, without compensation to you, any of your affiliates or any related party involved in uploading the Submission to our Site. 

 

You further acknowledge and agree that you are responsible to ensure you have full rights and authority to any materials that are submitted to the Site and the CPCNA shall not have any knowledge responsibility for the Submission, including the original intellectual property holder. 

Limitation of Liability

The use of the CPCNA Sites and the Content is at your own risk.

When using the CPCNA Site, information will be transmitted over a medium which is beyond the control and jurisdiction of CPCNA and its suppliers. Accordingly, CPCNA assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the CPCNA Sites.

The CPCNA Sites and the Content are provided on an "as is" basis. CPCNA, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, CPCNA, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the CPCNA Sites or CPCNA.

 

The CPCNA its affiliates, service providers, officers, directors, employees, contractors, agents, licensors, suppliers, advertisers, successors, and assigns shall not be liable for any injury, loss, liability, claim, or damage of any kind resulting in any way from:

  1. your use of the Site; 

  2. any errors in or omissions made on the Site including any service offering or products obtained from the Site; 

  3. any delay, failure, disruption or unavailability of the Site or any of its features thereof; 

  4. any content or material contained or obtained from the Site. 

THE AGGREGATE LIABILITY OF THE CPCNA AND ITS AFFILIATES IN RELATION TO ANY CLAIM ARISING OUT OF OR IN CONNECTION TO THE SITE AND/OR THE SERVICE, INFORMATION, PRODUCTS, MATERIALS AND DOCUMENTS PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $50 AND THIS AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE CPCNA AND ANY OF ITS AFFILIATES.

User Submissions

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Sites by electronic mail or otherwise will be used by CPCNA in accordance with the Sites' Privacy Policy. All other remarks, suggestions, ideas, graphics, or other information communicated to CPCNA through or by reason of these Sites will forever be the property of CPCNA.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of these Sites, you agree that such submission is non-confidential for all purposes, unless it is personal data. If you make any such submission, you automatically grant or warrant that the owner of such content has expressly granted CPCNA a royalty-free, perpetual, irrevocable, world-wide nonexclusive licence to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. CPCNA may sublicense its rights through multiple tiers of sublicences.

General

CPCNA has its head office in Alberta, Canada. CPCNA makes no claims that the Content is appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the CPCNA Sites from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All of these Terms and Conditions survive the expiration or termination of the CPCNA Sites or of the Terms and Conditions as a part of the CPCNA Sites for any reason whatsoever.

Governing Law

This Agreement between the CPCNA and you shall be governed by, and interpreted in accordance with, the laws of the province of Alberta, Canada. 

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with CPCNA, or in any way relating to your use of the CPCNA Sites, resides in the courts of the province of and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the province of Alberta in connection with any such dispute including any claim involving CPCNA, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the laws of the province of Alberta and the laws of Canada applicable thereto, without respect to conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be effective unless in writing and, signed by an authorized signing officer of CPCNA and no such waiver shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Complete Agreement

Except as expressly provided in a particular "legal notice" on the CPCNA Sites, these Terms and Conditions constitute the entire agreement between you and CPCNA with respect to the use of the CPCNA Sites and Content.

Thank you for your cooperation. We hope you find the CPCNA site helpful and convenient to use.

 

Questions or comments regarding this Site should be directed by e-mail to cpcnainfo@gmail.com