Employee Healthcare Toolkit Terms
Updated: May 17 2017
Welcome to the web services of Canadian Men’s Health Foundation (“CMHF”). CMHF has developed its web Services, including the menshealthfoundation.ca website, the dontchangemuch.ca website, the canadianmenshealthweek.ca website, the YouCheck tool at youcheck.ca and all other services offered on and through our websites (collectively the “Web Services”) as electronic resources to educate and build awareness about men’s health issues. The information on our Web Services is for educational purposes only, and should not be used as a substitute for consulting a medical practitioner. If you have specific concerns about a personal health matter you should consult an appropriately qualified health care professional.
While we strive to keep all content current and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of information, products, services, or related graphics contained in our Web Services.
The content, products and services offered in the Web Services are intended to educate consumers on health and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The Web Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. CMHF makes no representation or warranty that any service or product offered through the Web Services is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
We will not be liable in any way and to any person for the access or use of the Web Services, including, but not limited to errors or omissions in any information provided. In no case can information alone replace a medical diagnosis or evaluation by a physician or other qualified health professional. You must not rely on the Web Services for any medical advice, diagnoses or treatment. Only qualified health providers can provide health care by examining your health history, your physical, mental and emotional condition, and use their expertise and experience to advise you. Put simply, advice regarding your care should always include your physician and other qualified health providers.
The research study being conducted with information collected from the men’s health risk assessment tool located at youcheck.ca (the “YouCheck Tool”) is restricted to Canadian men eighteen (18) years of age or older. Accordingly you must be a Canadian man eighteen years of ago or older to use and/or register for use of the YouCheck Tool. The YouCheck Tool is not intended for use by children under the age of 18 years. By accessing, using, and /or registering in the YouCheck Tool you represent and warrant to CMHF that you are a Canadian man 18 years of age or older, that you agree to be bound by this Agreement and that you will use the YouCheck tool consistent with this Agreement and all applicable laws and regulations.
Other Web Services
You must be nineteen (19) years of age or older to use or register for any of the other services offered in the Web Services. Such Web Services are not intended for use by individuals under the age of 19 years. By accessing and/or using any portion of the Web Services other than the YouCheck Tool, you represent and warrant to CMHF that you are 19 years of age or older, you have the right, authority and capacity to agree to and abide by the Agreement, and you will use such Web Services in a manner consistent with any and all applicable laws and regulations.
By accepting the Agreement, you are given a limited right and permission to use the Web Services subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Web Services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and aspects of the Web Services or restrict your access to parts or all of the Web Services without notice or liability and for any reason.
Employee Healthcare Toolkit
By downloading the Employee HealthcareToolkit, you consent to having your organization’s name and/or logo used by the Canadian Men’s Health Foundation on its website and respective assets.
Use of Communication Services
The Web Services may contain bulletin board services, chat areas, news groups, forums, communities, calendars, user content platforms, and/or message or communication facilities designed to enable you to communicate with the public at large or with a group (individually a “Communication Service”, collectively “Communication Services”). When using the Communication Services, you will be subject to any posted code of conduct, terms or guidelines applicable to such services in addition to those set out in this Agreement. Any posted code of conduct, terms or guidelines are hereby incorporated by reference into this Agreement.
CMHF has no obligation to monitor the Communication Services. However, CMHF reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CMHF reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
You should consider all communication through the Communication Services to be public and not private communications. Always use caution when giving out personally identifying information about yourself in any Communication Service. CMHF does not control or endorse the content, messages or information found in any Communication Service and, therefore, CMHF specifically disclaims any liability with regard to such user submitted content, messages or information, or otherwise with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
CMHF reserves the right at all times to disclose any information regarding your use of any Communication Service as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CMHF’s sole discretion.
Acceptable Use and Restrictions
You agree to use the Web Services in accordance with the following Code of Conduct:
- You will not use the Web Services to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
- You will not post, promote or distribute information that unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
- You will not use the Web Services to infringe the privacy rights, intellectual property rights, or any other rights of any person.
- You will not use the Web Services in any manner that impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity.
- You will not use the Web Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods, gambling or similar activity.
- You will not use the Web Services to promote or enable illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices.
- You will not forward chain letters, junk mail or spam e-mails through the Web Services.
- You will not use the Web Services in any manner intended to defraud, swindle or deceive any person or entity, including other users of the Web Services.
- You will not use the Web Services to access or disseminate another person’s personal Information.
- You will not use the Web Services to distribute or upload any virus, or malicious software of any type, or do anything else that might interfere with the proper functioning of the Web Services, or cause injury to CMHF, their computer network or systems, or any other users’ systems in any way.
- You will not cause the Web Services to be accessed through any automated or robotic means, including but not limited to scripts, bots, other automated, or rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Web Services.
- You will not harass, annoy, intimidate or threaten any employee or agent engaged in providing any portion of the Services to you.
- If you use any part of the Web Services requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You declare that you have all the necessary rights, in particular, intellectual property rights, to any material that you submit as a user of the Web Services to CMHF through a Communication Service or otherwise.
You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to CMHF. However, you acknowledge and agree that by submitting any materials or works to CMHF, you grant CMHF an irrevocable non-exclusive worldwide licence to use, edit, modify, delete, reproduce, publish, display, distribute, translate, create derivative works from, develop ancillary products, adapt, communicate, perform in public, archive or index, and give sub-licences to such materials or works, or otherwise do any other act that is subject to copyright protection under the Copyright Act (Canada). You waive any moral right you may assert related to the integrity of your work. The rights granted in this section are applicable to all media, including without limitation all print media and digital or electronic media now known or hereafter created. The licences granted by you herein are perpetual and non-revocable.
No materials that you submit through a Communication Service will be subject to any obligation of confidence. No compensation will be paid with respect to any material that you submit to CMHF as a user of the Web Services. CMHF is under no obligation to post or use any such material you may provide and CMHF reserves the right, in its sole discretion, not to publish, to filter, to edit or to withdraw any materials transmitted by a user, for any reason (or for no reason) whatsoever.
By posting, uploading, inputting, providing or submitting materials to us, through a Communication Service or otherwise, you warrant and represent that: (i) you own or otherwise control all of the rights to such materials including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such materials; (ii) such materials shall not violate the rights of any third party including, but not limited to, intellectual property and proprietary rights; and (iii) such materials shall not violate any law, statute, ordinance, regulation, or this Agreement.
You acknowledge and agree that you are personally liable for the content of your messages, articles or other content submitted on the Web Services, and for the consequences thereof.
By using the Web Services you agree that CMHF is not and may not be held liable for the accuracy, legality or the compliance with intellectual property laws or with the conditions of use of any materials provided by its users.
Personal Information Protection
Termination and Modification
You agree that CMHF, in its sole and absolute discretion, may terminate your password, account registration, license applicable to any Content (as hereinafter defined), or use of any Web Services, and remove and discard any materials submitted by you through the Web Services, for any reason, including without limitation, if CMHF believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. CMHF reserves the right to remove any materials or other content submitted by you to the Web Services without prior notice. CMHF may also in its sole discretion and at any time discontinue providing the Web Services, or any part thereof, with or without notice. We assume no responsibility whether before or after termination for storage of any materials or data submitted by you to the Web Services, including, without limitation your health survey responses. You agree that any termination of your access to the Web Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that CMHF may immediately de-activate or delete your account and all related information or other content in your account and/or bar any further access to such content or the Web Services. On termination of your access to the Web Services or license for any Content, you must destroy all Content obtained from the Web Services and all copies thereof whether made under the terms of the Agreement or otherwise. You agree that CMHF shall not be liable to you or any third party for any termination of your access to any Web Services. The provisions of this Agreement pertaining to disclaimers, exclusion or damages, limitations of liability, indemnification and release shall survive termination.
You agree that you will indemnify and hold harmless CMHF, its directors, officers, employees and agents against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by any person relating to materials you have posted or other actions taken by you on the Web Services.
CThe content and design of the Web Services is protected by Canadian and international copyright, trademark and other intellectual property laws. You may not copy, reproduce, republish, distribute, upload, post, display, transmit or frame any of the content published on or otherwise accessible through the Web Services (“Content”) including, without limitation, text, graphics, articles, photographs, images, illustrations, audio recordings, videos, code, and software, except (i) as expressly authorized by this Agreement; (ii) with prior written consent from CMHF; or (iii) as expressly authorized in the Web Services with respect to specific Content using functionality provided in the Web Services.
Permission is granted to view, download, display and print a single copy of the Content on a single computer for personal, noncommercial transitory viewing only.
CMHF may make certain Content available in the Web Services for sharing through social media networks. Permission is given to individuals, organizations and businesses to distribute, share and post such Content through social media networks but only utilizing the share functionality provided in the Web Services.
The foregoing permissions are a grant of license only, and under the license you may not alter or modify the Content in any way; remove any copyright or other proprietary notices or disclaimers from the Content or use any Content in a way that suggests an association with CMHF or an affiliated CMHF entity. You understand and agree that nothing in this Agreement or in the Web Services assigns or transfers any rights, title or interests to the Content to you or any other user.
Except as otherwise expressly set out above, Content and services contained or provided in the Web Services including, without limitation, all Communication Services, are offered for your personal use for non-commercial purposes, and it is prohibited to use anything contained in the Web Services for commercial or advertising purposes.
All licenses will automatically terminate if you violate any of these restrictions and may be terminated by CMHF at any time for any reason.
Except as may be expressly herein provided, nothing contained herein shall be construed as conferring any license or right under copyright, trademark or any other intellectual property rights. All rights not expressly granted herein are reserved.
No Representations or Warranties
YOU UNDERSTAND AND AGREE THAT THE WEB SERVICES AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE WEB SERVICES ARE PROVIDED ON AN “AS IS” BASIS. CMHF DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SERVICES. IN ADDITION, CMHF DOES NOT GUARANTEE THAT USE OF THE WEB SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Limitations of Liability
THE USE OF THE WEB SERVICES IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL CMHF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SERVICES, OR SITES ACCESSED THROUGH THE WEB SERVICES, AND/OR CONTENT OR INFORMATION PROVIDED THEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEB SERVICES IS TO STOP USING THE SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEB SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Third Party Websites
The Web Services may contain, and other users or third parties may provide, information on or links to other World Wide Web sites or resources, including but not limited to third party sites that may display the CMHF trade-marks (“Third Party Site,” or “Third Party Sites”). Third Party Sites are not controlled by CMHF and these links are available for your convenience only. They are intended only to enable access to these Third Party Sites and for no other purpose.
No Linking, Framing, Mirroring, Scraping or Data Mining
Links to the Web Services without the express permission of CMHF are strictly prohibited. To request permission to link to our Web Services, please contact CMHF at firstname.lastname@example.org. The framing, mirroring, scraping or data mining of the Web Services or any Content in any form and by any method is strictly prohibited.
This Agreement represents the entire agreement between you and CMHF regarding the use of the Web Services and supersedes any other agreement or understanding on the subject matter. There are no representations or warranties or promises, express or implied, statutory or otherwise and no collateral agreements other than as expressly set forth or referred to in this Agreement.
You agree that any dispute or claim (including personal injury claims) related to your use of the Web Services is subject to the exclusive jurisdiction of competent jurisdiction within the Province of British Colombia, Canada, and will be adjudicated pursuant to the laws of British Columbia and Canada without the application of Conflict of Laws principles. This Agreement also applies to anyone claiming on your behalf.
If you have any questions about the Web Services, please contact us at: