- ACCEPTANCE OF TERMS
S.M.A.R.T. facility @ SLRI provides the Web Service to you, subject to the
following Web Service Policy ("WSP"), which
may be updated by us from time to time without notice
to you. Please note that other S.M.A.R.T. facility @ SLRI services, outside
of S.M.A.R.T. facility @ SLRI Web Sites, are governed by a different set of
Policies.
- DESCRIPTION OF SERVICE
S.M.A.R.T. facility @ SLRI Web Service currently provides users with access
to a rich collection of on-line resources, including
personal Web page hosting services ("Service").
Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including
the release of new S.M.A.R.T. facility @ SLRI Web Service resources, shall
be subject to the WSP. In order to use the Service,
you must obtain access to the World Wide Web, either
directly or through devices that access Web-based content,
and pay any service fees associated with such access.
In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including
a computer and modem or other access device.
- YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
- provide true, accurate, current and complete
information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and
- maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or S.M.A.R.T. facility @ SLRI has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, S.M.A.R.T. facility @ SLRI has
the right to suspend or terminate your account and
refuse any and all current or future use of the
Service (or any portion thereof).
- MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, images, video, messages or other materials
("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person
from which such Content originated. This means that
you, and not S.M.A.R.T. facility @ SLRI, are entirely responsible for all
Content that you upload, post or otherwise transmit
via the Service. S.M.A.R.T. facility @ SLRI does not control the Content posted
via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable.
- You agree to not use the Service to:
- upload, post or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, libellous, invasive of
another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but
not limited to, a S.M.A.R.T. facility @ SLRI official, host, or falsely
state or otherwise misrepresent your affiliation with
a person or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service or develop restricted or password-only
access pages, or hidden pages or images (those not
linked to from another accessible page);
- upload, post or otherwise transmit any Content that
you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any unsolicited
or unauthorised advertising, promotional materials,
"junk mail," "Spam," "chain
letters," "pyramid schemes," or any
other form of solicitation;
- upload, post or otherwise transmit any material
that contains software viruses 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;
- disrupt the normal flow of dialogue or otherwise
act in a manner that negatively affects other users'
ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations
of networks connected to the Service;
- intentionally or unintentionally violate any applicable
local, state, national or international law, and any
regulations having the force of law;
- "stalk" or otherwise harass another;
- promote or provide instructional information about
illegal activities, promote physical harm or injury
against any group or individual, or promote any act
of cruelty to animals. This may include, but is not
limited to, providing instructions on how to assemble
bombs, grenades and other weapons, and creating "Crush"
sites;
- use your home page (or directory) as storage for
remote loading or as a door or signpost to another
home page, whether inside or beyond S.M.A.R.T. facility @ SLRI Web Service;
- engage in commercial activities. This includes,
but is not limited to, the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require
any type of entry fee;
- displaying a sponsorship banner of any kind,
including those that are generated by banner or
link exchange services; and
- displaying banners for services that provide
cash or cash-equivalent prizes to users in exchange
for hyperlinks to their Web sites.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree
to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission
of technical data exported from Canada.
- INDEMNITY
You agree to indemnify and hold Mount Sinai Hospital,
S.M.A.R.T. facility @ SLRI, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of your Content, your use of the Service, your connection
to the Service, your violation of the WSP, or your violation
of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service,
or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that S.M.A.R.T. facility @ SLRI may establish general practices
and limits concerning use of the Service.
- MODIFICATIONS TO SERVICE
S.M.A.R.T. facility @ SLRI reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that S.M.A.R.T. facility @ SLRI shall not be liable to you or to
any third party for any modification, suspension or
discontinuance of the Service.
- TERMINATION
You agree that S.M.A.R.T. facility @ SLRI, in its sole discretion, may terminate
your password, S.M.A.R.T. facility @ SLRI Web Service Site, use of the Service
or use of any other S.M.A.R.T. facility @ SLRI service, and remove and discard
any Content within the Service, for any reason, including,
without limitation, if S.M.A.R.T. facility @ SLRI believes that you have violated
or acted inconsistently with the letter or spirit of
the WSP. S.M.A.R.T. facility @ SLRI may also in its sole discretion and at
any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any
termination of your access to the Service under any
provision of this WSP may be effected without prior
notice, and acknowledge and agree that S.M.A.R.T. facility @ SLRI may immediately
deactivate or delete your S.M.A.R.T. facility @ SLRI Web Service Site and
all related information and files in your S.M.A.R.T. facility @ SLRI Web Service
Site and/or bar any further access to such files or
the Service. Further, you agree that S.M.A.R.T. facility @ SLRI shall not
be liable to you or any third-party for any termination
of your access to the Service.
- LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
S.M.A.R.T. facility @ SLRI has no control over such sites and resources, you
acknowledge and agree that S.M.A.R.T. facility @ SLRI is not responsible for
the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials
on or available from such sites or resources. You further
acknowledge and agree that S.M.A.R.T. facility @ SLRI shall not be responsible
or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
- S.M.A.R.T. facility @ SLRI PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that
is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly
authorised by S.M.A.R.T. facility @ SLRI or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software,
in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. S.M.A.R.T. facility @ SLRI EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
- S.M.A.R.T. facility @ SLRI MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY 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 S.M.A.R.T. facility @ SLRI OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE WSP.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT S.M.A.R.T. facility @ SLRI SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF S.M.A.R.T. facility @ SLRI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
- SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive
or request any news, messages, alerts or other information
from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections
"DISCLAIMER OF WARRANTIES" and "LIMITATION
OF LIABILITY" again.
The Service is provided for informational purposes only,
and no Content included in the Service is intended for
trading or investing purposes. S.M.A.R.T. facility @ SLRI shall not be responsible
or liable for the accuracy, usefulness or availability
of any information transmitted via the Service, and
shall not be responsible or liable for any trading or
investment decisions made based on such information.
- COPYRIGHTS
S.M.A.R.T. facility @ SLRI respects the intellectual property rights of others
and we ask our users to do the same. Please see our
copyright policy.
- GENERAL INFORMATION
The WSP governs your use of the Service, superseding
any prior agreements between you and S.M.A.R.T. facility @ SLRI (including,
but not limited to, any prior versions of the WSP).
You also may be subject to additional terms and conditions
that may apply when you use affiliate or other S.M.A.R.T. facility @ SLRI
services, third-party content or third-party software.
The WSP and the relationship between you and S.M.A.R.T. facility @ SLRI shall
be governed by the laws of the Province of Ontario without
regard to its conflict of law provisions. The failure
of S.M.A.R.T. facility @ SLRI to exercise or enforce any right or provision
of the WSP shall not constitute a waiver of such right
or provision. If any provision of the WSP is found by
a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour
to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the WSP
remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of
the Service or the WSP must be filed within one (1)
year after such claim or cause of action arose or be
forever barred. The section titles in the WSP are for
convenience only and have no legal or contractual effect.
- VIOLATIONS
Please report any violations of the WSP to the S.M.A.R.T. facility @ SLRI Web Site Administration.
S.M.A.R.T. facility @ SLRI Web Services respects the intellectual property of
others, and we ask our users to do the same. S.M.A.R.T. facility @ SLRI Web
Services may, in appropriate circumstances and at its
discretion, terminate the accounts of users who infringe
the intellectual property rights of others.
If you believe that your work has been copied in a way
that constitutes copyright infringement, please notify
the S.M.A.R.T. facility @ SLRI Web Site Administration.
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