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Health Systems Evidence

Terms of Use

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Terms of Use for Health Systems Evidence

Health Systems Evidence maintains this website as a service to its customers. By using this website you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree with these terms, you are not permitted to use or visit this website.

Terms of Use Agreement

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ('Agreement') with respect to the Health Systems Evidence website (the 'Site'). This Agreement constitutes the entire and only agreement between Health Systems Evidence and you the user of the Site ('User') and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to using the Site.

2. Limited Right to Use

Subject to the terms and conditions of the Agreement, Health Systems Evidence grants you a limited licence to access and make use of the Site. Such license does not permit you to download the Site (other than page caching) or to modify the Site, or any portion of it, except with the express prior written consent of Health Systems Evidence. For greater certainty only, you may download files from the Site that the Site explicitly offers for download. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the express prior written consent of Health Systems Evidence. Any unauthorized use terminates the permission or licence granted by Health Systems Evidence. The viewing or downloading of any content, form or document from the Site as expressly permitted by Health Systems Evidence grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.

3. Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are 18 years of age or older. Health Systems Evidence and its partners, attorneys, staff and affiliates (collectively, 'Affiliated Parties') reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

4. Changed Terms

Health Systems Evidence shall have the right at any time to change or modify the Agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately on notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Site by you after such notice shall mean that you accept such changes, modifications or additions. If you do not agree to any changes or revisions to these conditions of use, you may not use the Site and are to discontinue use of the Site immediately.

5. Trademarks

The word mark "Health Systems Evidence" and any other marks on the Site are trademarks or registered trademarks of McMaster University. All rights reserved. All other trademarks not owned by McMaster University appearing on the Site are the property of their respective owners.

6. Copyright

The content, organization, gathering, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Health Systems Evidence owns or licenses the Site content, such as text, graphics, software, video and audio clips, interfaces, layouts, data, downloads, organization, gathering, compilation, digital conversion and other matters related to the Site. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 2, is strictly prohibited. The User does not acquire ownership rights to any content or documents obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

7. System Integrity and Automated Access

The User may not use any device, software or routine to interfere or attempt to interfere with the working of the Site. The User may not take any action, which imposes an unreasonable or disproportionately large load on the Site infrastructure, as determined by Health Systems Evidence in its sole and absolute discretion.

Users shall not employ automated software programs to access the Site, however, with the prior written consent of Health Systems Evidence you may use automated software programs to index the contents of the Site, in whole or in part, for inclusion into a search engine/index or other electronic form. Health Systems Evidence confirms that the following organizations do not require the prior written consent of Health Systems Evidence to index the contents of the Site as specified immediately above: Google, Microsoft/BING, Yahoo, Ask.com, AOL, Search.com, BAIDU, Altavista, and Facebook.

8. Editing, Deleting and Modification

Health Systems Evidence reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.

9. Non-Transferable

User's right to use the Site is not transferable. Any password or right given to User to obtain access is not transferable.

10. Electronic Communications

Users consent to communicating with Health Systems Evidence by way of the Site. We will communicate with you by posting on the Site. You agree that communication to you by posting on the Site in respect of any agreements, disclosures, notices, and related communications, satisfies any requirement at law that such communications be in writing.

11. Copyright Complaints

Health Systems Evidence and its Affiliated Parties respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at hse@mcmaster.ca.

12. Site Content

Health Systems Evidence attempts to be as accurate as possible. However, Health Systems Evidence does not warrant that the content of the Site is true, accurate, complete, reliable, current, or error-free.

13. Fees and Payments

Health Systems Evidence reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. If at any time Health Systems Evidence requires a fee for portions of the Site that are now free, Health Systems Evidence will give Users advance notice of such fees and the opportunity to cancel any existing account before such charges are imposed. All new fees, if any, will be clearly posted.

14. Use of Information

Health Systems Evidence reserves the right, and User authorizes Health Systems Evidence, to use and assign all information regarding Site uses by User and all information provided by User in any manner consistent with the Health Systems Evidence privacy policy.

15. Links to Other Websites

This site contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked websites does not imply approval or endorsement of the linked website by us. Inclusion of any linked website does not imply approval, endorsement, support, or promotion of the linked website by us. If you decide to leave our site and access these third party sites, you do so at your own risk.

16. Disclaimer of Warranties and Limitation of Liability

(1) The information, forms and agreements from or through the site are provided 'as is', 'as available' and 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 forms, agreements and documents may contain bugs, errors, problems or other limitations. Health Systems Evidence and its affiliated parties have no liability whatsoever for a user's use of any information, form or documents. In particular, but not as a limitation thereof, Health systems Evidence and the 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 on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between Health Systems Evidence and user. This site and the information, forms, agreements and documents would not be provided without such limitations.

(2) To the full extent permitted under applicable law, Health Systems Evidence disclaims all other warranties and conditions, express or implied, in respect of the products and services contemplated by these terms and conditions including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Health Systems Evidence does not warrant that the site, its servers, or e-mail sent from Health Systems Evidence are free of viruses or other harmful components. Health Systems Evidence will not be liable for any damages of any kind arising from the use of the site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Laws change rapidly and may be interpreted differently in various jurisdictions. No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any form or document to a particular situation.

(3) Each form and document should be treated as a guide or starting point and should not be considered a substitute for professional legal analysis. The Site is provided and each form, agreement and document is licensed with the understanding and agreement that Health Systems Evidence and its Affiliated Parties are not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. User assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form, agreement or document and for the selection of a form, agreement or document to achieve User's intended results.

(4) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.

17. Indemnification

User agrees to indemnify, defend and hold Health Systems Evidence and its partners, attorneys, staff and Affiliated Parties harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to a User's violation of this Agreement or use of the Site. Health Systems Evidence reserves the right to take over the exclusive defence of any claim for which Health Systems Evidence is entitled to indemnification under this section. In such event, you shall provide Health Systems Evidence with such cooperation as is reasonably requested by Health Systems Evidence.

18. Applicable Law

By visiting or purchasing goods and services on this Site, you agree that the Agreement, and any other policy shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein excluding any conflict of law rules and choice of law rules in Ontario and Canada. Notwithstanding any other provision expressed or implied in either the Agreement or the schedules, each party hereby attorns exclusively to the jurisdiction of the courts of the Province of Ontario (including the Federal Court of Canada and the Supreme Court of Canada). The parties hereto agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and it is strictly excluded.

19. Privacy

Health Systems Evidence does not collect information that personally identifies individuals except when individuals provide such specific information on a voluntary basis. There may be occasions where specific personal information is requested before an individual can enter certain sections of the Site. This information is stored on a server accessible only by authorized web consultants possessing authentication information. In all such cases, Health Systems Evidence will collect only information that is voluntarily provided by the user and undertakes that such information will be kept strictly confidential. Individual information provided to Health Systems Evidence to gain access to the Site will not be sold or made available to a third party.

In addition to voluntary information provided, Health Systems Evidence uses Google Analytics, which is a web analytics tool that reports on how visitors interact with the Site, to collect non-personal information and data. Google Analytics collects information anonymously and reports Site trends without identifying individual visitors. Like many internet services, Google Analytics uses first-party cookies to track visitor interactions. 'Cookies' are small text files that identify an individual computer's browser entering a website. Cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Browsers do not share first-party cookies across domains. Health Systems Evidence uses cookies only for the above-mentioned purposes and will not use them to identify users or to track non-Health Systems Evidence usage.

If the User does not want a cookie placed on their computer by Health Systems Evidence, the User may disable cookies in their web browser configuration options. Note that it is possible that some aspects of the Site may be unavailable to the User if this option is chosen.

Health Systems Evidence reserves the right to perform statistical analyses of user behaviour and characteristics, in order to measure interest in and use of the various sections of its sites so as to improve design and navigation. Only aggregated data from these analyses, not individual data, will be used for this purpose. Health Systems Evidence reserves the right to publish these aggregated data, including trends over time, in peer-reviewed journals and other formats. Aggregated data includes, but would not be limited to, two types of data. First, monthly statistics on how Health Systems Evidence is being used could include: 1) number of overall visitors to the site; 2) number of unique visitors to the site; 3) number of page views; 4) number of unique page views; 5) traffic source; 6) countries where visitors are based; 7) number of searches performed; 8) number of clicks on various types of links; and 9) length of time on the site. Second, reports related to the customizable evidence service could include the number of users subscribed and the number of subscribed topics. Both types of data could be segmented by users’ preferred language, country of residence, role and interests (as provided on the registration page).

20. Termination of License

Upon a User’s breach of this Agreement, as determined in the sole and absolute discretion of Health Systems Evidence, Health Systems Evidence may immediately terminate the license of the User to use and access this Site.

21. Consequences of Termination of License

Upon the termination of the license of a User, in addition to any other remedies and damages which may be available to Health Systems Evidence under this Agreement, at law or in equity, the User shall be fined Two Thousand Dollars ($2,000.00) per day for each day that the User, or anyone or anything on behalf of the User, uses or accesses the Site after the termination of the license of the User.

22. Severability

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

23. Our Contact Information

1280 Main St. West MML-417
Hamilton, ON, Canada L8S 4L6
hse@mcmaster.ca