Terms of Service – Nova Scotia Hospice Palliative Care Association

Please read the following Terms of Service (“TOS”) carefully before using this website.

GENERAL AGREEMENT. This website is offered by Nova Scotia Hospice Care Association (the “Association”). Our website and all use of it are governed by the following TOS. By viewing, using, accessing, browsing or submitting any content or material on or to this site, you agree to this TOS as a binding legal agreement between you and the Association to the fullest extent permitted by applicable law. You further agree that the Association has the right to alter or amend the TOS or any other guidelines or policies at any time, with or without advance notice to you. You agree that each visit you make to this website and your continued use of our website confirms that you have read, accepted, and agreed to be bound by such modifications of the TOS.
USE. The Service is intended for personal use only. You agree not to use the Service for commercial purposes. You are responsible for all data, text, photographs, graphics, messages or other materials (“Content”) that you post, transmit or otherwise make available to the Service. The Association does not control the Content delivered to the Service and does not guarantee or make any representations regarding the accuracy, integrity or quality of such Content. To the fullest extent permitted by applicable law, you agree that the Association is not liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of Content delivered to the Service. You further agree that you will not use the Service to:
deliver Content that is or may be deemed abusive, defamatory, deceptive or misleading, hateful, obscene, prejudiced, threatening, vulgar or otherwise objectionable;
deliver Content that contains software viruses or any other code, files or programs designed to damage or disrupt any software, hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service;
deliver Content which contains copyrighted content without the express written permission of the owner of the copyrighted content, or infringes upon any copyright, trademark, patent, trade secret or other intellectual property right;
deliver Content which harms or is inappropriate for minors to view;
attempt to modify, alter, recreate or otherwise use the Association’s website or the Service for any purpose other than as specifically permitted;
collect or store personal data about other users pertaining to or associated with individuals without their consent;
violate any applicable law or regulations;
deliver Content that any law or other obligation prohibits you from delivering;
harm or harass any person or entity; or
for tasks for which it is not intended.

The Association does not pre-screen Content, but we have the right in our sole discretion to reject or remove any Content that is submitted through the Service.

You agree that the Association may preserve Content and may disclose Content if (i) the Association determines that disclosure is necessary to enforce the TOS, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of the Association, its affiliates, its users and the public or (ii) the Association’s legal counsel determines that appropriate legal process requires disclosure.

You grant the Association a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Content you provide in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize the Association to include the Content you provide in a searchable format that may be accessed by users of this Site and other websites. You also grant the Association and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Content. The Association does not claim ownership of Content you submit.

NO REPRODUCTION OR PUBLICATION. Images, text, or other information posted or found on this website are solely for the use of users who agree to abide by this TOS and the Association’s Privacy Policy, and may not be accessed, used, reproduced, or published for any purpose, commercial or otherwise, without the written permission of the Association and the owner of the images, text, or other information.
MODIFICATIONS TO SERVICE. The Association reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it). To the fullest extent permitted by applicable law, you agree that the Association shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service for any reason.
DISCLAIMER. To the fullest extent permitted by applicable law, you expressly understand and agree that your use of the Service is provided on an “as is” and “as available” basis. The Association disclaims all warranties of any kind, express or implied, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability, and non-infringement. The Association makes no warrant that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (iv) any errors in the Service will be corrected.

You also understand and agree that (i) any material downloaded or otherwise obtained through the Service is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material and (ii) no advice or information, whether oral or written, obtained by you from the Association or through or from this Service creates any warranty not stated in this TOS.

LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, you agree that the Association is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if the Association has been advised of the possibility of such damages) resulting from: (i) your use or inability to use the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; or (iv) any other matter relating to the Service.
INDEMNITY. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold the Association, and its officers, agents, and employees, harmless from any claim made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, or your violation of the rights of any other person or entity.
GOVERNING LAW AND JURISDICTION. The TOS and the relationship between you and the Association is governed by the laws of the Province of Nova Scotia without regard to its conflict of law provisions. You agree and submit to personal jurisdiction in the courts located in Halifax County, Nova Scotia.
GENERAL INFORMATION. The failure of the Association to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.