Terms and Conditions of Use
Thank you for visiting our site. In these Terms and Conditions of Use (“Terms & Conditions”), “we”, “our” or “us” refers to CDKL5 Canada. CDKL5 Canada provides use of this website cdkl5canada.ca to you subject to the following Terms & Conditions.
PLEASE READ THE ENTIRE TERMS & CONDITIONS CAREFULLY BEFORE YOU USE ANY PART OF THIS WEBSITE. BY USING THIS WEBSITE OR ITS FEATURES OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS IN THEIR ENTIRETY.
We reserve the right, at any time, to modify, alter, or update these Terms & Conditions without prior notice. Modifications shall become effective immediately upon being posted at the CDKL5 Canada website. Your continued use of the website after amendments are posted constitutes acknowledgement and acceptance of such modifications.
1.0 Description of Service – Limited Use License
CDKL5 Canada operates cdkl5canada.ca, which is a complimentary informational website dedicated to anyone affected by CDKL5 and to finding a cure for CDKL5. cdkl5canada.ca allows users to obtain updates on research and information regarding CDKL5 and events and current information regarding CDKL5 Canada. Any information or content provided by CDKL5 Canada to a user is for non-commercial personal use only. You are licensed to use the content only for non-commercial personal use and may download content only as relevant to that use. If no specific restrictions are displayed, you may make one copy of select portions of the content, provided that the copy is made only for your personal information and non-commercial use and that you do not alter or modify the content in any way, and maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. Other than as permitted by these terms, the download of the whole or significant portions of any content is prohibited. Resale of any content is prohibited. Violation of these terms may result in legal action being taken against you.
2.0 Proprietary Rights to Content
All content displayed on this site and all software, data, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material and information used to provide this site and the content, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by CDKL5 Canada, or are used with appropriate permissions and are protected under Canadian and/or international intellectual property laws. All rights not expressly granted to you in these Terms & Conditions are reserved to CDKL5 Canada and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading content from the site.
If you develop and provide any materials, data photographs, information or other content to CDKL5 Canada, you grant CDKL5 Canada a license to use, host, distribute that content and allow hosting and distribution of that content to the extent and in that form or context CDKL5 Canada may exclusively deem appropriate. Should you contribute content to the site, it is understood that it will be seen and used by other users of the website.
You must submit only content which belongs to you and will not violate any law, property or other rights of any person or organization. Inappropriate content provided to CDKL5 Canada will be subject to immediate removal. CDKL5 Canada in its sole capacity has the right to determine the appropriateness of any content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE INFORMATION THAT IS PROVIDED IN THIS WEBSITE IS A PUBLIC SERVICE OF CDKL5 CANADA. IT SHOULD NOT IN ANY WAY SUBSTITUTE FOR THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL AND IT IS NOT INTENDED TO CONSTITUTE MEDICAL ADVICE.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED BY CDKL5 CANADA ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CDKL5 CANADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CDKL5 CANADA SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. IN ADDITION, CDKL5 CANADA DOES NOT WARRANT OR REPRESENT THE FOLLOWING: (1) THE SITE WILL MEET YOUR REQUIRMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (5) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS OF USE. CDKL5 CANADA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
4.0 Limitation of Liability
CDKL5 CANADA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CDKL5 CANADA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INCOME, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA OR MEMBER CONTENT PROVIDED ON THE SITE BY YOU OR OTHER MEMBERS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CDKL5 CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold CDKL5 Canada, its subsidiaries, affiliates, officers, agents, attorneys and employees, harmless from any claim or demand of any kind whatsoever, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of this website, your violation of these Terms & Conditions, or infringement by you of any intellectual property or any other right of any person or entity.
6.0 Modifications and Interruption to Service
CDKL5 Canada reserves the right to modify or discontinue the Website with or without notice to any user. CDKL5 Canada shall not be liable to any user or third party should CDKL5 Canada exercise its right to modify or discontinue the Website.
7.0 Third-Party Sites
CDKL5 Canada may include links to other sites on the Internet or World Wide Web that are owned and operated by other organizations. Any such links to third party sites are provided for your convenience only, and such links do not imply endorsement by CDKL5 Canada of such other third party sites or the content contained therein. You should contact the site administrator or webmaster for those third-party or sites if you have any concerns regarding such links or the content located on such sites. Your use of third-party sites is subject to the terms & conditions of use and privacy policies of each site.
11.0 Governing Jurisdiction
These Terms & Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without regard to any principals of conflicts of law. You agree that any action at law or in equity that arises out of or relates to this website or these Terms & Conditions will be filed only in courts located in Toronto, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
12.0 Compliance with Laws and International Use
You may not use our website or services in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements.
17.0 Miscellaneous Terms
These Terms & Conditions constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of this website. Our failure to enforce or exercise any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and in full force and effect. The section titles and headings in these Terms & Conditions are for convenience only and have no legal or contractual effect.