Draft: February 14, 2017

1. Agreement

Western Canada Health Science Educators (hereinafter referred to as “us”, “we” and/or “WCHSE” welcomes you to the WCHSE website at www.WCHSE.ca (the “Site”).
By accessing and using this Site, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (the “Terms of Use” or “Agreement”) and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. We suggest you print a copy of these Terms of Use for your records.
We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms of Use at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms of Use on the Site and will indicate at the top of this page the date these Terms of Use were last revised. Your continued access to and/or use of the Site after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms of Use, as revised. It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms of Use and to review such changes.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

2. User Signup

You may use the Site only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.

Participating in certain portions of the Site may require you to register in WCHSE’s online community (“Registered User”). Should you choose to become a Registered User, you agree to provide accurate and current information about yourself as required by registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned, and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. WCHSE shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

3. Code of Conduct

a. You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Content that:

  1. may, in the sole and absolute discretion of WCHSE, degrade, tarnish or deprecate WCHSE and/or the public image or standing in the community of WCHSE;
  2. is defamatory, trade libelous, pornographic or obscene. WCHSE reserves the right to remove and/or edit any content deemed to be defamatory, trade libelous, pornographic or obscene;
  3. is deemed, in the sole and absolute discretion of WCHSE, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages or comparisons or solicitations for products or services (with the exception of permitted Classified Ads, Industry Profiles or Reviews, as defined below); conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by WCHSE in its sole and absolute discretion;
  4. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual (with the exception of permitted Reviews, as defined below);
  5. is in any way disparaging, or might be seen to be disparaging, to WCHSE or any third party;
  6. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  7. contains any viruses, Trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

b. You hereby agree that you shall not use the Site to:

  1. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;
  2. collect information about others without their consent; and/or
  3. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

c. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or of WCHSE systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site. Please note that some areas of our Site, such as our Communities of Practice, Tip Listing or Find a Collaborator may allow you to upload or publish your User Content to a public area of the Site (“Posting”). Such Postings may be associated with your full name, and any Personal Information that you choose to include in your Posting will appear on the Site, and may be viewed by other visitors to the Site. If you choose to include Personal Information in a Posting you post on this Site, you consent to the public disclosure of the Personal Information you choose to post in this manner. If you do not wish to publish your Personal Information in this manner, please do not include it in a Posting you post to a public area of the Site.

4. Course or Event registrations

The Site may include various features that allow you to register for a course or event (“Registration”). By submitting a Registration, you agree to pay in full the stated price for your Registration, and any applicable taxes, using our selected on-line payment method. If a payment is required for the Registration you have selected, you will be required to provide your payment information to our third-party payment processor, and payment will be facilitated on the external website of the third-party payment processor. Your payment information will be used solely for the purpose of processing the Registration you have requested. WCHSE does not collect your payment information directly. If payment for a Registration that you make using this Site is not received by us, you agree to pay all amounts due upon demand by us, and/or your Registration will be cancelled. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.

Once your payment has been processed, the selected third party payment processor will send an email confirmation using the email address you provided. It is RECOMMENDED that you use the same email address that you provided to us. If for any reason the third-party payment processor can’t complete the processing of your payment, any Registration for which a payment was required will not be processed.

Registering for a course or event using the Site does not require you to be a WCHSE Registered User. We reserve the right to verify the validity of all Registrations and cancel any Registration if we find evidence of fraud or any other tampering with the Registration process or any other violation of these Terms of Use.

5. Industry/Vendor Reviews

The Site may permit Registered Users to submit reviews (“Reviews”) of companies, products, and/or services that are the subject of a Company Profile as well as other companies, products or services with which they have direct experience. By submitting a Review, you represent, warrant, and agree that:

  1. Your Review reflects your true and honest experience with, and opinion of, the company, product, and/or service that is the subject of your Review.
  2. No information you include in a Review is false, misleading, or deceptive.
  3. No information or other content you include in a Review is in violation of the Code of Conduct in clause
  4. Such Reviews, including any information that you choose to include in a Review, are public and may be viewed by other visitors to the Site. Reviews may be posted in association with the Username you selected on registering for the Site, or you may choose to post an ‘anonymous’ Review, in which case only the ‘Type of Simulationist’, as indicated when you submitted the Review, will be publicly associated with the Review.WCHSE reserves the right to remove or edit any Review at any time in its sole and absolute discretion. Without limiting the general release of liability in clause 14, WCHSE is not responsible for any Reviews posted in response to a Industry Profile or for the content thereof. By posting a Review, you agree to fully release the Releases (defined below) from any and all liability related thereto.

6. Intellectual Property Rights (Re: Site Content)
The Site consists of various graphics, texts, icons and buttons that have been provided by WCHSE, other entities under our direction (e.g. site designers) or is used under licence. All such content is owned by WCHSE and/or the applicable third party entity. For greater certainty, WCHSE and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”). You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of WCHSE or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by WCHSE. For greater certainty, you agree that you will not take any action that is inconsistent with WCHSE ownership of the Site and/or WCHSE ownership of, or any third party’s ownership of, any Site Content.

Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Site Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Site Content in any manner without the prior written consent of WCHSE. WCHSE hereby grants each user of this Site a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and its Site Content. This limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). For greater certainty, prohibited commercial use does not include posting of User Content, or Job Postings or Simulation Centre Directory entries in a manner expressly permitted by these Terms of Use or the Site’s functionality. This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of WCHSE or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by WCHSE are the property of their respective owners, and, where used by WCHSE are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with WCHSE ownership of, or any third party’s ownership of, the Trade-marks.

7. License Granted by Site Users to WCHSE
Certain features and/or portions of this Site may permit you to upload, post or otherwise transmit User Content, Job Postings, Classified Ads, Company Profiles, Reviews, and/or Simulation Centre Directory entries, (collectively, “User Materials”). By using any such features and/or portions and providing User Materials, you are giving WCHSE permission to forever use any User Materials you submit on or through the Site.

By using the Site and providing User Materials, you hereby grant and you represent and warrant that you have the right to so grant: (i) a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to WCHSE to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Materials (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all User Materials that you post on, upload or otherwise submit to or through, the Site in favour of WCHSE.

For greater certainty, this means that, among other things, WCHSE has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

8. User Waivers and Representations (Re: User Materials)
By using the Site and providing User Materials, you hereby acknowledge, agree, warrant and represent to WCHSE that any and all User Materials (in any format or media) you post on, upload to or otherwise submit to or through, the Site:

  1. are original to you and that you have obtained all necessary rights in and to the User Materials and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and
  2. do not violate any law. Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to WCHSE that we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Materials.

9. Indemnification by User

By using the Site, you hereby agree to indemnify, defend and hold harmless WCHSE, and each of its respective agents, employees, directors, successors, and assigns (collectively, the “Releases”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, User Materials, and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

10. Notice of Infringing User Materials

WCHSE is under no legal obligation to actively screen or edit User Materials, but reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Materials, or to request a User to modify or edit his or her User Materials, if a complaint or notice of allegedly infringing materials is received with respect to the User Materials, or for any other reason. To complain about any User Materials and/or to provide notice of allegedly infringing materials on the Site, please contact us at: info@wchse.ca

11. Disclaimer and Limitation of Liability

The Site And All Information Contained On Or Accessed From The Site Is Provided On An “As Is” And “As Available” Basis, And Without Any Representations, Warranties Or Conditions Of Any Kind, Whether Express Or Implied. All Conditions, Representations And Warranties, Whether Express, Implied, Statutory Or Otherwise Are Hereby Disclaimed To The Fullest Extent Permitted By Law.

Without Limiting The Generality Of The Foregoing, The Releasees Make No Representation Or Warranty That: (I) The Site Will Be Compatible With Your Computer And Software; (Ii) The Site Will Be Available Or Will Function Without Interruption Or Error; (Iii) The Use Of The Site, Including, Without Limitation, The Browsing And Downloading Of Any Information, Will Be Free Of Any Viruses, Trojan Horses, Worms Or Other Destructive, Intrusive Or Disruptive Components; (Iv) The Transmission Of Information To And From The Site Will Be Secure; (V) The Use Of The Site Will Not Infringe The Rights (Including, Without Limitation, Intellectual Property Rights) Of Any Person; (Vi) The Use Of The Site Will Not Cause Any Damage To Your Computer Systems, Software Or Electronic Files; Or (Vii) That Any Services Or Features Offered On The Site For Free Will Remain Free In The Future.

Reviews, Comments Or Opinions Expressed On The Site Are Those Of Their Respective Site Users Only. The Views Expressed On The Site And In User Content Do Not Necessarily Represent Or Reflect The Views Of Wchse. The Releasees Are Not Responsible For, And Disclaim All Liability In Relation To, The User Content Posted, Uploaded Or Otherwise Submitted To Or Through The Site.

Any Products And/Or Services Described On The Site Are Offered In Jurisdictions Where They May Be Legally Offered For Sale. The Information On The Site Is Not An Offer Or Solicitation By Anyone In Anyone In Any Jurisdiction In Which An Offer Or Solicitation Cannot Legally Be Made, Or To Any Person To Whom It Is Unlawful To Make A Solicitation.

Fullest Extent Permitted By Law, The Releasees Will Not Under Any Circumstances Be Liable To You Or Any Other Person Or Entity For Any Damages Whatsoever Arising From, Connected With, Or Relating To The Site, Including Without Limitation In Connection With Any Classified Ad Or Review. You Expressly Acknowledge That Wchse Has Entered Into This Agreement With You And Makes The Site Available To You, In Reliance Upon The Limitations And Exclusions Of Liability And The Disclaimers Set Forth Herein, And That The Same Form An Essential Basis Of The Bargain Between You And Wchse. You Expressly Agree That The Limitations And Exclusions Of Liability And The Disclaimers Set Forth Herein Will Survive, And Continue To Apply In The Case Of A Fundamental Breach Or Breaches, The Failure Of Essential Purpose Of Contract, The Failure Of Any Exclusive Remedy, Or Termination Of This Agreement.

The Exclusion Of Certain Warranties And The Limitation Of Certain Liabilities Is Prohibited In Some Jurisdictions. These Statutory Prohibitions May Apply To You, And We Acknowledge That In That Case, Parts Of These Terms Of Use Will Not Be Binding Upon You.

12. Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

13. Privacy

Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Site, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

14. Accuracy and Changes

Facts and information provided by WCHSE on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult WCHSE for complete and up-to-date information.

15. Governing Law and Jurisdiction

These Terms of Use, your use of the Site, and all related matters shall be governed solely by the laws of the Province of British Columbia, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Site and any related matters.

16. Links

This Site may contain links to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this Site to other websites, or references to products, services or publications other than those of WCHSE, do not imply the endorsement or approval of such websites, products, services or publications by WCHSE.

17. Termination

If you breach any provision of these Terms of Use or Privacy Policy, you may no longer use the Site. We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Site is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

18. General

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

19. Contact Us

If you need further assistance, or have any questions regarding this Site, please contact by writing to WCHSE Office Unit 1- 10177 Pugwash Place, Richmond, BC, V7E 5N9. You may also call us at 778-838-4148.

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