Terms and Conditions - Parkinson Canada

Thank you for visiting the Parkinson Canada website.

Acceptance of Terms and Conditions
1. This website is operated by Parkinson Canada (“Parkinson Canada“, “we”, “us”). Your use of the website located at parkinson.ca, any official Parkinson Canada social media pages, and any other forms of online presence controlled by us (collectively, the “Website“) is subject to the terms and conditions set out below (“Terms and Conditions“).
2. Please read these Terms and Conditions carefully before using the Website. These Terms and Conditions constitute a legal agreement between you and Parkinson Canada, which is the owner and operator of the Website. By accessing or using this Website or otherwise indicating your consent, you agree to be bound by these Terms and
  Conditions and the documents referred to in them. If you do not agree with or accept any of these Terms and Conditions, you MUST cease using the Website immediately.
3. These Terms and Conditions incorporate by reference our Privacy Policy, available here. In the event of any conflict or inconsistency between these Terms and Conditions and the Privacy Policy in matters relating to the protection of personal information, the Privacy Policy will prevail.
4. By using the Website, you agree that you are of legal age to enter into these Terms and Conditions, and if you are not, you have obtained parental or guardian consent to enter into these Terms and Conditions.
5. We seek to make this Website as accessible as possible. If you have any problems accessing this Website or the content contained on it, please contact us at privacy@parkinson.ca.
6. If you have any questions about the Website, please contact us at privacy@parkinson.ca.

Restrictions on use
1. The Website and any and all text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Website (“Content“) is for your personal and non-commercial use only. As a condition of your use of the Website, you agree:
  1. not to use the Website for any purpose that is unlawful under applicable law, or prohibited by these Terms and Conditions;
  2. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
  3. not to reverse engineer, decompile, copy, modify, reproduce, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its Content except as permitted by us under these Terms and Conditions or as expressly provided under applicable law;
  4. not to interrupt, or attempt to interrupt, the operation of the Website in any way or use the Website to distribute viruses or malware or other similar harmful software code;
  5. not to modify, circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Website Content;
  6. not to use the Website to harvest or otherwise systematically collect by any means any information whatsoever (including without limitation email addresses, passwords or other personal information of other users), and not to make any submission which solicits confidential or personal information from other users;
  7. not to represent or suggest that we endorse any business, product or service unless we have separately agreed to do so in writing; and
  8. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.
2. We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms and Conditions or any applicable law.

Ownership, use and intellectual property rights
1. This Website and all intellectual property rights in the Website (including without limitation any Content) are owned by Parkinson Canada and/or its licensors. Parkinson Canada and its licensors reserve all intellectual property rights (which include without limitation all copyright, trade-marks, domain name licenses and rights, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
2. Nothing in these Terms and Conditions grants you any rights in the Website other than as necessary to enable you to access the Website. We grant you a non-exclusive, non-transferable, limited right to access, view, use, display and print Content that we make accessible on this Website, for your personal, informational, non-commercial use only.
3. The names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website are trade-marks of Parkinson Canada or third parties. While certain third-party trademarks may be used by Parkinson Canada under license, the display of such trade-marks on the Website does not imply any relationship between Parkinson Canada and the owner of the trade-mark, nor does it imply that Parkinson Canada either recommends or endorses the products or services of the said trade-mark’s owner. The use or misuse of any trade-marks or any other Content on the Website except as provided in these Terms and Conditions is strictly prohibited. Nothing contained on the Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.

Submitting Information to Parkinson Canada
1. All personal information that you submit in connection with applications for Parkinson Canada assistance or other Parkinson Canada services will be handled in accordance with our Privacy Policy. All other information you submit in connection with applications for Parkinson Canada assistance or other Parkinson Canada services will be kept confidential, and will only be disclosed to our service providers, partners or otherwise in accordance with your instructions. Apart from the aforementioned information, we are not under any obligation to keep confidential any information you supply to us, unless we have separately agreed to do so in writing. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as commercially sensitive or valuable.
2. Where our Website enables you to communicate with us and/or other users of the Website, you may not use the Website to transmit harmful or offensive communications or material which might otherwise bring us or the Website into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, comments and similar communications on the Website from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Website nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.
3. By submitting Content or any other material to us, you grant us an irrevocable, fully paid-up, royalty-free, non-exclusive, freely transferable and worldwide right and license to use such Content or other material provided by you as we see fit, subject to these Terms and Conditions and except as expressly required by applicable law.
4. You represent and warrant that that you have all necessary rights, consents and authorizations to provide any Content or other information you supply to us.

Accuracy of information and availability of the Website
1. While we use reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions.
2. Content on the Website is provided for your information, to assist you in making applications through the Website, and to inform you about Parkinson Canada services, news, events and other websites which may be of interest. It does not constitute technical, financial or legal advice. Any reliance you may place on the information on this Website is at your own risk, and any reference in the Content to a named organization does not constitute an endorsement of such organization unless the reference includes an express endorsement.
3. While we make reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website. We may suspend or terminate operation of the Website at any time, in our sole discretion.

Hyperlinks and third party sites
The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site. We encourage you to review such terms and conditions where these are available.

Warranties and limitation of liability
1. The Website is provided on an “as is” and “as available” basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms, whether express or implied, in relation to the provision of the Website, including without limitation as to completeness, accuracy and currency of any Content on the Website, or as to satisfactory quality, operability, functionality, merchantability, or fitness for a particular purpose.
2. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Website for any reason, and any representation or statement made on the Website. Neither Parkinson Canada, nor its officers, directors, employees, agents, licensors and their respective successors and assigns will be liable for any damages of any kind incurred in connection with your use, misuse or reliance upon the Website, your inability to use the Website, the acts or omissions of any third party such as other users of the Website or any other direct, indirect or consequential loss or damage you may incur in relation to the Website and its Content. The foregoing limitations shall apply even if Parkinson Canada knew of or ought to have known of the possibility of harm or damages.
3. Notwithstanding any other provision of these Terms and Conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded. Nothing in these Terms and Conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.

General
1. These Terms and Conditions are dated as of August 10, 2021. To the greatest extent permitted by applicable law, Parkinson Canada reserves the right, without notice to you, to change the content, services, presentation, performance, facilities and/or availability of any part of the Content or the Website, including without limitation these Terms and Conditions, in its sole discretion and from time to time. Our new Terms and Conditions will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any changes made by us. It is your responsibility to check these Terms and Conditions from time to time to determine the presence of any such changes.
2. Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at:
  
  Parkinson Canada
  316 – 4211 Yonge Street
  North York, ON M2P 2A9
  privacy@parkinson.ca
  
  and all notices from us to you will be displayed on our website at parkinson.ca from to time.
3. We shall have no liability to you for any breach of these Terms and Conditions caused by any event or circumstance beyond our reasonable control.
4. If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
5. These Terms and Conditions, together with the Privacy Policy and any other terms expressly referred to in these Terms and Conditions and incorporated by reference, contain the entire understanding and agreement between us and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
6. Any consent by Parkinson Canada to, or waiver of, a breach of these Terms and Conditions shall not constitute a consent to, or waiver of any other, different or subsequent breach.
7. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms and Conditions to any other person.
8. Any disagreement or dispute relating to these Terms and Conditions or arising out of its interpretation or application will first be submitted to mediation. For this purpose, the parties hereto undertake to participate in at least one mediation meeting by delegating a person with decision-making authority to participate in the mediation; the mediator will be chosen by the parties. If no agreement is reached within thirty days following the appointment of the mediator, either party may elect to bring the matter before a court of competent jurisdiction.
9. To the fullest extent allowed under applicable law, all matters relating to your access or use of this Website or these Terms and Conditions shall be governed by the laws of the Province of Ontario and the federal laws applicable therein, without regard to the rules of conflict of law.
10. The parties acknowledge that they have required that these Terms and Conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

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