Terms of Use

Acceptance of Terms of Use

 

IT IS IMPORTANT THAT YOU READ ALL THE TERMS CAREFULLY.

 

missINFORMED operates this web site, located at https://missinformed.ca (the “Site”). This terms of use agreement (the “Agreement”) states the terms under which you may access and use the Site.  

 

If you are under the age of 18 you CANNOT use the Site.

 

By accessing and using the Site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Site.

 

IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE MISSINFORMED.CA OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.

 

 By accepting these Terms of Use, you are also agreeing to and confirming that you have read and understood our privacy policy, available at www.missinformed.ca/privacy-policy. The Site Does Not Provide Medical Advice The contents of the Site, such as text, graphics, images, and other materials contained on the Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

 

Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Our Content should not be used in lieu of advice given by qualified medical professionals such as your doctor or other professional care provider. Information obtained on the Site is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. By accessing the missINFORMED platform, you agree to indemnify missINFORMED and its licensors against all losses, damages, costs, expenses or other injuries of any kind relating to your use of missINFORMED materials. If you think you may have a medical emergency, call your doctor or 911 immediately.

 

 

missINFORMED does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the site is solely at your own risk. No endorsements Unless specifically stated, missINFORMED does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Site.  

 

Severability

If any provision of this Agreement or the application of any provision is illegal, unenforceable or invalid, it will be considered separate and severable from this Agreement and all of its remaining provisions will remain in full force and effect as though any such provision of this Agreement or any portion thereof had not been included in this Agreement.

Waiver

The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.  

Assignment

This Agreement and the rights and obligations of the parties hereto shall bind and inure to the benefit of any successor or successors of missINFORMED, whether by reorganization, merger, consolidation, sale of assets or otherwise, except that neither this Agreement nor any rights or benefits hereunder may be assigned by you.

You acknowledge, and consent to the collection of your personal information in order to use the Site.  

In consideration of being given the right to use the Site, you agree to be bound by this Agreement.

Contact

By providing us with your e-mail address, you agree to receive all required notices electronically, at that e-mail address. It is your responsibility to update or change that address, as appropriate. If you have any questions or comments regarding these terms, or if you wish to withdraw your consent to these terms, please contact info@missinformed.ca.

Amendment

missINFORMED may revise this Agreement at any time by updating this posting. Use of the Site after such changes are posted will signify your agreement to the revised terms. You should visit this page periodically to review this Agreement.

Disclaimer of Warranties

The  software and all content included in missINFORMED 's products are provided as is. By accessing and using the Site you acknowledge and agree that use of the Site and the content is entirely at your own risk. missINFORMED makes no representations or warranties regarding the Site and the content, including, without limitation, no representation or warranty (i) that the Site or content will be accurate, complete, reliable, suitable or timely; (ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the Site will be of merchantable quality or fit for a particular purpose; (iii) that the operation of the Site will be uninterrupted or error free; (iv) that defects or errors in the Site

will be corrected; (v) that the Site will be free from viruses or harmful components; and (vi) that communications to or from the Site will be secure or not intercepted. 


missINFORMED cannot and does not make any representation or warranty concerning security of any communication to or from the Site or any representation or warranty regarding the interception by third parties of personal or other information.

Linking

The Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by missINFORMED of the contents of such third-party web sites. missINFORMED is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

General

Any consent by missINFORMED to, or waiver of right to action as a result of, a breach of this Agreement which you have committed, whether express or implied, will not constitute a consent to, or waiver of right to action to any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation under it. If any term or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, it will be severed and the remaining provisions will remain in full force without being affected in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with missINFORMED that expressly reference this Agreement, this is the entire agreement between you and missINFORMED relating to the matters contained in it.

Intellectual Property

All materials displayed or otherwise accessible through the Site, including, without limitation, articles, photographs, images, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, for the benefit of missINFORMED. missINFORMED owns all content, derivative content, and user produced content. In addition, the Site is protected under copyright law as a collective work and compilation pursuant to Canadian and foreign laws. You will abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Site.

The Site may provide features that allow you to post messages and content to interact with missINFORMED and other users and to upload files, documents or other materials (collectively, “Submissions”).  

When using any of the features of the Site which allow you to post, upload or make submissions (“Submissions”), it is a condition of your use of the Site that you observe the rules of etiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Site, interfere or attempt to interfere with the proper workings of the site or do anything that imposes an unreasonable or disproportionately large load on the missINFORMED Site infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights, without first obtaining permission from the rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or transmit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses or other harmful software; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities or sales, or which involve contests, sweepstakes, barter, advertising, or pyramid schemes.

By posting, uploading or submitting content to the Site, you grant missINFORMED a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to license to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of missINFORMED; (ii) consent to your name, address and email appearing as the contributor of any Submission, where applicable, and to the disclosure or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that missINFORMED is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Site will be non-confidential.

 missINFORMED may review Submissions before they are posted, but has no obligation to do so. missINFORMED may refuse to post any Submission to the Site. missINFORMED reserves

the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions of this Agreement or otherwise objectionable. You acknowledge and agree that missINFORMED may, in its sole discretion, monitor the Site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Site properly or to protect itself or other users of the Site. Any such disclosure will be in accordance with the missINFORMED Privacy Policy.

All software embedded in or located on or at the Site, including, without limitation, all computer code of all types, including all files or images contained in or generated by such software (the 
“Software”) is protected by copyright and may be protected by other rights. You are hereby granted the limited, revocable, non-exclusive, non-transferable license to access and use the Software embedded and integrated into the Site, subject to (i) the terms of this Agreement, (ii) any additional conditions which may be imposed on your access and use of such Software; and (iii) termination or expiration of this Agreement at which time the license is automatically revoked.

 missINFORMED and https://missinformed.ca, are marks or trademarks of missINFORMED. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered trademarks of missINFORMED or third parties. While certain trademarks of third parties may be used by missINFORMED under license, the display of third-party trademarks on the Site should not be taken to imply any relationship or license between missINFORMED and the party who has registered that trademark or to imply that missINFORMED endorses the wares, services or business of the party who has registered that trademark. Nothing contained on the Site should be construed as granting you any license or right to use any trademark logo or design of missINFORMED or any third party, without the written permission of missINFORMED or the respective holder of any third-party trademark

 

Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the internet, transmission, redistribution, or other exploitation of the site or of any content, whether in whole or in part, other than expressly set out in this agreement, is prohibited without the express written permission of missINFORMED.  

 

Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

 

Limitation of Liability

 

In no event shall missINFORMED, its officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the missINFORMED knew of or ought to have known of the possibility of such damages.  

In the event of a finding of liability, in no event will the liability under this agreement exceed one hundred Canadian dollars ($100 CND) even if missINFORMED has been advised or ought to have known of the possibility of such damages. Any liability to missINFORMED will be limited to the applicant.

In no event will missINFORMED, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of missINFORMED or your failure to protect your password or account information.

missINFORMED expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the Site or any advertiser or sponsor of the Site (collectively, third-party user).

Under no circumstances will missINFORMED and its officers, directors, employees, agents or licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from the Site.

If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the Site, you do so entirely at your own risk.  missINFORMED also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Site, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall missINFORMED, its officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Site linked to or from the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the missINFORMED knew of or ought to have known of the possibility of such damages.  

You hereby release missINFORMED and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the web site or by third parties through the Site. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN SITE AND USER. THIS SITE AND THE INFORMATION,

FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Registration

To use certain features of the Site, you may be asked to register with the Site. You agree (i) to provide accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If missINFORMED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, missINFORMED has the right to suspend or terminate your access to and use of the Site (or any portion thereof). missINFORMED’s use of any personally identifying information you provide as part of the registration process is governed by the terms of missINFORMED Privacy Policy. If you are under the age of 18, your parent or legal guardian will need to register along with you to access the site. To use certain features of the Site, you may need a username, and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify missINFORMED immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

Termination

missINFORMED may also in its sole discretion and without cause, terminate your right to access or use the Site (or any portion thereof). missINFORMED may also terminate your right to access and use the Site, or any part of the Site, if you breach any term of this Agreement. This Agreement will be in effect as long as you continue to use the Site.

No Advice

The information contained on the Site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice. The views and opinions of the authors of content published on our site do not necessarily reflect the views and opinions of missINFORMED.

Notice and Procedure for Making Claims of Copyright Infringement

It is the policy of missINFORMED to respond to claims of intellectual property infringement. missINFORMED will promptly process and investigate notices of alleged infringement and will take any actions, in its discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to info@missinformed.ca.  

To be effective, the notification of infringement must be a written communication that includes the following: a physical or electronic signature of a person authorized to act on behalf of the party who has an exclusive right that is allegedly infringed;identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the party who registered the copyright, its agent or the law and; a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the party that has an exclusive right that is allegedly infringed.

Governing Law and Jurisdiction

The Site (excluding linked web sites) is controlled by missINFORMED. By accessing or using the Site, you agree that all matters relating to your access to, or use of, the Site and the Content will be governed by the laws of Ontario, Canada without regard to conflict of laws principles. You agree and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario, in Canada with respect to such matters.