Terms of Use

Terms of Use

Last Update: May 27, 2021

1. Terms and Conditions of Use of Site

  • This website (the "Site") is provided by Markham Stouffville Hospital (being “us”, “our” or “we”) ("MSH"), conditional on your acceptance, without modification, of the terms and conditions of use set forth below (the "General Terms and Conditions"). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials, including without limitation as found in podcasts, webcasts, audio clips and streams, video clips and streams, newsletters, glossaries, and e-learning modules, and posted Content, from this Site (the "Materials"), or to send messages, information, data, text, software or images, or other materials to the Site ("Content") (collectively, “Use” of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these General Terms and Conditions, you should not Use this Site.
  • MSH has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the General Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
  • These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with MSH.

2. Changes to Site

MSH may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials or Content on this Site, including without limitation editing or refusing to post any Content, in whole or in part, that in the sole discretion of MSH is objectionable or in violation of the General Terms and Conditions. MSH reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

3. Services of Site

The Site provides or may provide:

  • general information about the operations of MSH;
  • podcasts and webcasts;
  • video streams;
  • audio clips;
  • eLearning presentations which may or may not include medical videos and diagrams;
  • downloadable PDF’s of MSH news releases;
  • eMail newsletters; and
  • other services.

(in each case, a “Website Service”).

4. Permitted Uses

This is a Canadian website and is intended for Canadian residents only.

You agree to only to Use the Site for lawful purposes, and to only to send Content and receive Materials that are proper and related to the particular Website Service, and MSH (subject to the General Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right, to so Use the Site solely for your own personal use.

With respect to podcasts and webcasts specifically, and without otherwise limiting these General Terms and Conditions:

  • MSH’s podcast content may be downloaded to your computer and/or your electronic portable device solely for your private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards MSH’s podcast or webcast content, is strictly prohibited. You may not edit or modify or redistribute MSH’s podcast or webcast content. No redistribution of MSH’s podcast or webcast content is permitted.
  • Without limiting Section 4 hereunder, MSH’s podcast and webcast content is protected by Canadian and international copyright laws. MSH owns all rights including copyright to the podcast and webcast content, and all logos and trademarks used in connection with the podcast and webcast.
  • MSH reserves the right to discontinue providing any or all of the MSH podcast and webcast content at any time and to require you to cease using any or all of the MSH podcast and webcast content for any reason.
  • MSH assumes no liability for any of your activities in connection with the MSH podcast or webcast content with your website, computer, electronic portable device, or any other devices or software.

5. Prohibited Uses

You may not, nor may you allow others to, directly or indirectly:

  • remove, from any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of MSH;
  • print or copy any of the HTML or other computer software that is accessible at this Site;
  • use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part);
  • use or attempt to use another's account, password, or other information in connection with this Site without prior written authorization from MSH; create or use a false identity on this Site or impersonate any person or entity, including without limitation a MSH health care practitioner, employee or agent, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register;
  • disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; attempt to delete or revise any Materials ; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation; or
  • transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. MSH will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. MSH reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request.

6. Registration and Password

Where applicable, you are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify MSH of any unauthorized use of your registration information or of any other breach of security of which you are aware.

7. Proprietary Rights

This Site, including without limitation all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of MSH or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

For greater certainty, MSH services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. MSH reserves all such rights.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of MSH, the MSH Foundation, or the Uxbridge Hospital Foundation, and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of any of same, in whole or in part, without prior written authorization of MSH is strictly prohibited.

Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.

Except as expressly provided herein, MSH does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of MSH or of any other contributor of Content to the Site.

8. Links and Disclaimers of Linked Sites

Certain links on this Site may take you to other websites. MSH provides these links only as a convenience. These linked sites are not necessarily under the control of MSH. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, subject to the terms and conditions and privacy policies of such sites, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

MSH is not responsible for the contents of any such linked pages or any other pages not under its control. MSH makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. Links do not imply that MSH sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of MSH.

MSH welcomes links to this Site. However, you agree that by linking to this Site, you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

  • Links may not be established to any other pages on this Site without the prior written permission of MSH.
  • If you link to this Site, MSH grants you a limited, non-exclusive, non-transferable, royalty-free license to use the MSH trademark and internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from the applicable website to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of MSH' trademarks or service marks for any reason without MSH' prior written permission.
  • The linked website shall not:
    • change in any material way the nature and features of such website from that described to MSH in the written notice provided to MSH prior to the establishment of the link;
    • create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
    • and other materials shall not, imply that MSH is endorsing you or any other person, or your or such other person’s products or services;
    • imply an affiliation between you or any other person, or your or such other person’s products or services, and MSH without the prior written consent of MSH;
    • misrepresent the relationship of you or any other person with MSH or present false, misleading or otherwise damaging information or impressions about MSH or any of its products or services; and
    • contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups.
  • For greater certainty, MSH shall have no responsibility or liability for any content appearing on the linked website.
  • MSH may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If MSH exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks;
  • MSH may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.

9. Privacy Policy

Any of your personal information which MSH collects via this Site is subject to the MSH Website Privacy Policy, which is incorporated by reference into the General Terms and Conditions.

10. Use of Cookies and Google Analytics

a) The Site uses "cookies" to help personalize and maximize your online experience. Cookies, small amounts of data which often include unique, non-personal identifiers, enable the Site to recognize you and to keep track of your preferences. Three types of cookies may be employed during your visit to the Site:

  • "session" cookies, which are not permanently stored on your hard drive and are permanently deleted from your computer after two hours of inactivity or when you end your session, are used solely to help you to navigate around the Site;
  • "persistent" cookies, which remain on your computer so that the Site can recognize you when you return; and
  • third party cookies (e.g. from Google Analytics).

b) The Site uses cookies for the following:

  • When you return to the Site, cookies enable us to retrieve the information you previously provided, so you can easily use the features that you customized. Because of our use of cookies, we can deliver faster and more accurate results and a more personalized site experience. For example, if you personalize MSH pages, or register for services, a cookie helps us to recall your specific information (such as user name, password and preferences).
  • When you watch a video clip or listen to an audio clip on through the MSH website, a cookie may take note of which media player (such as Real Player or Windows Media Player) and which type of clip (high or low bandwidth) you prefer to use on your computer. Note, however, that you can change your video and audio preferences at any time, or choose a player each time you view or listen to a clip.
  • Some parts of the Site use cookies to track user traffic patterns. We do this in order to determine the usefulness of the Site’s information to our users and to see how effective our navigational structure is in helping users reach that information. MSH does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.
  • We also use cookies to identify users who have been banned from using our forums for behaviour that contradicts these General Terms and Conditions and to track click streams, for load balancing and to enable you to navigate through the Site using redirection pages.
  • Cookies are not used to run programs or to deliver viruses to your computer, are uniquely assigned to your computer, and can only be read by a web server in the domain that issued the cookie to you.

c) Note that “persistent” cookies, primarily used to personalize your site experience and save you time, will remain on your computer for a certain period after you have left our Site . In the case of Google Analytics used by our Site, that period is 26 months.

d) Please note that while most browsers are initially set to accept cookies, you have the ability to disable cookies if you wish, generally through changing your internet browser settings. It may also be possible to change your browser settings to enable acceptance of specific cookies. For more information on enabling and disabling cookies, please refer to the help section on your browser. If cookies are disabled it may mean that not all the services of this website might be available.

e) This Site uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies to assist MSH to analyze how visitors use the Site and to analyze the information generated by the cookies (which includes your IP address). This information is transmitted to and stored by Google. Google uses the information for the purposes of compiling reports on Site activity for MSH, evaluating your use of the Site and providing other services to MSH related to internet usage and website activity. By using this Site you agree to the use of Google Analytics. For more information on Google’s privacy policy, please visit their website.

11. User Communications

Subject to any applicable law, the requirements of the MSH Website Privacy Policy, and the restrictions set out in the additional terms and conditions for other Site functions) any communications sent by or to you via this Site or otherwise to MSH (including without limitation Content) are on a non-confidential basis, and MSH is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. MSH shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications.

12. Disclaimers

MSH makes reasonable efforts to ensure that the Content MSH provides to the Site is accurate and current. However, MSH is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be misstated or deceptively stated.

You acknowledge that:

  1. MSH makes no representation or warranty of any kind regarding the Site, the Materials, and each Website Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Website Service;
  2. that you will be solely responsible for any Content you provide the Site or otherwise provide to MSH, including without limitation for its truthfulness and accuracy; and
  3. that the Site, the Materials, and each Website Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.

In particular, please note that the information provided through this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, assessment and evaluation. This includes all Content that is made available on, or otherwise accessible through, the Site by us. You should consult a qualified physician or other applicable health professional before making any decision or taking any action that might affect your personal well-being as there is no substitute for the consideration of an individual’s circumstances by a qualified professional. You agree that you must evaluate, and bear (and release MSH and all MSH health care practitioners, employees, agents, officers, directors, or employees from any claims regarding) all risks associated with the use of any information on the Site (including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information) or of the Site generally, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation in the event that you have a dispute with one or more users of the Site.

MSH DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, MSH DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

13. Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL MSH HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE MATERIALS, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF MSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

14. Indemnity

You agree to defend, indemnify and hold harmless each of MSH and all its health care practitioners, employees, agents, officers, directors, or employees, and all third parties mentioned at the Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the Site and the Materials or your breach of the General Terms and Conditions.

15. Choice of law

This Site is controlled, operated and administered by MSH from its offices within the Province of Ontario, Canada. MSH makes no representation or warranty that Materials at this Site are appropriate or available for use at any locations outside Canada, and accessing such Materials from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.

16. Arbitration

Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Markham, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential or personal information, MSH may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance you agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.

17. General

The General Terms and Conditions constitute the entire agreement between MSH and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between MSH or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the General Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises If for any reason a court of competent jurisdiction finds any provision of the General Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the General Terms and Conditions, and the remainder of the General Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and MSH. MSH failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the General Terms and Conditions shall be made except by a revised posting on this page. The General Terms and Conditions shall enure to the benefit of MSH. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. MSH may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.

18. Additional Terms of Use

Certain areas of this Site may be subject to additional terms of use, all of which areas are incorporated by reference into the General Terms and Conditions. You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

19. Questions on General Terms and Conditions

Should you have any questions regarding the General Terms and Conditions, including in respect of any use or disclosure of the information made available by you, you may contact MSH at:

Communications and Public Affairs

Markham Stouffville Hospital

381 Church Street Markham, ON L3P 7P3

myhospital@msh.on.ca

905-472-7373