Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These terms and conditions govern your use of this website (www.braininjurycanada.ca) operated by Brain Injury Canada.  "You" or "your" as referenced throughout these Terms and Conditions of Use means the person accessing or using the Website or the Materials.

Brain Injury Canada reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the Brain Injury Canada Website, and you are advised to review Brain Injury Canada Website regularly for any changes. These Terms and Conditions of Use were last updated on October  25, 2020. You agree that by accessing and using this Website, you are bound by these Terms and Conditions of Use as may be changed from time to time. If you do not agree with or accept any part of these Terms and Conditions of Use, you should stop using the Brain Injury Canada Website immediately.

COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY

The materials (the "Materials") contained in Brain Injury Canada Website including, without limitation, information, text, content, videos, photos, graphics and sound or other multimedia content are owned by, and protected by copyrights and other proprietary rights in favour of Brain Injury Canada and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of Brain Injury Canada. You may print, in hard copy, portions of Brain Injury Canada Website.

TRADE NAME AND LOGO

Any use of the logo or trade-names of Brain Injury Canada or of third parties without the prior written consent of the applicable party is strictly prohibited. The names of other companies, products and services referred to on Brain Injury Canada Website may be trade-marks or trade-names of their respective owners.

COMPLIANCE WITH LAWS

In addition to complying with these Terms and Conditions of Use, you agree to use Brain Injury Canada Website and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of the Brain Injury Canada Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing Brain Injury Canada Website illegal, are not authorized to use the Brain Injury Canada Website.

USE AND RESTRICTIONS

You are only permitted to use Brain Injury Canada Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use provided that you maintain all copyright and other notices contained in such Materials. Use of any automated system or software to extract data from Brain Injury Canada Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:


a.    take any action that imposes or may impose (to be determined in Brain Injury Canada's sole discretion) an unreasonable or disproportionately large load on Brain  Injury Canada's infrastructure;
b.    interfere or attempt to interfere with the proper working of the Brain Injury Canada Website, or any activities conducted on or with the Brain Injury Canada Website;
c.    bypass any measures Brain Injury Canada may use to prevent or restrict access to the Brain Injury Canada Website;
d.    interfere with or disrupt the Brain Injury Canada Website or computer network connected thereto; 
e.    impersonate any other person or entity or make any misrepresentation or defamatory or libelous statements;
f.    upload, post, transmit, publish or distribute any material or information to the Brain Injury Canada Website which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Brain Injury Canada Website or other users;
g.    use the Brain Injury Canada Website in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password-protected or restricted areas of Brain Injury Canada Website or a Brain Injury Canada computer or network system;
h.    violate any law or regulation or any generally accepted Internet practice or interfere with any other Brain Injury Canada Website user's ability to use the Brain Injury Canada Website and any of the services or products provided on the Brain Injury Canada Website;
i.    forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Brain Injury Canada Website;
j.    delete or revise any material posted by any other person or entity; or
k.    allow others to use your subscription, login or user names, or passwords for the Brain Injury Canada Website.

ACCURACY OF INFORMATION

While every effort is made to ensure the accuracy of the information on Brain Injury Canada Website, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.

OUTBOUND LINKING

Any link, (including hyperlinks, buttons or referral devices of any kind) used on Brain Injury Canada Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on Brain Injury Canada Website does not constitute an endorsement, recommendation or certification by Brain Injury Canada of a service provider's good or service, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Brain Injury Canada or that a service provider is an agent of Brain Injury Canada.

INBOUND LINKING

Brain Injury Canada generally does not object to links to Brain Injury Canada Website from third party sites. However, there are certain conditions that must be followed: Unless Brain Injury Canada enters into a specific written agreement with you, you may not use any of Brain Injury Canada's names, logos, designs, slogans, or marks in or with your links, except that you may link to Brain Injury Canada Website using the plain text names: Brain Injury Canada or www.braininjurycanada.ca

Do not present the link to Brain Injury Canada Website in any way that suggests Brain Injury Canada has any relationship or affiliation with your site or in any way that suggests Brain Injury Canada endorses, sponsors or recommends the information, products or services on your site or that suggests you are acting as an agent of Brain Injury Canada. Use of any of Brain Injury Canada's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without Brain Injury Canada's written permission for a particular use is strictly prohibited.

Use of any of Brain Injury Canada's names, logos, designs, slogans, or marks, or any other words or codes identifying Brain Injury Canada Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without Brain Injury Canada's written permission for a particular use, is strictly prohibited.

Brain Injury Canada is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for Brain Injury Canada Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.

Brain Injury Canada reserves the right in its sole discretion to order you to delete or modify your link to Brain Injury Canada Website for any reason.

The link to Brain Injury Canada Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, racist, defamatory or other materials that would adversely affect any Brain Injury Canada reputation or goodwill.

The linking of your web site to Brain Injury Canada Website indicates your agreement to these Terms and Conditions of Use.

INDEMNITY

You agree to indemnify, defend and hold Brain Injury Canada harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:


a.    your infringement of any Brain Injury Canada or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of the Brain Injury Canada Website;
b.    any act or omission by you, your employees, agents and subcontractors which results in: (i) loss, damage, interference with or disruption to, the Brain Injury Canada Website; (ii) use of the Brain Injury Canada Website for any illegal purpose; or (iii) use of the Brain Injury Canada Website to achieve any unauthorized or prohibited access to computer systems and data;
c.    your breach of any of these Terms of Use, Brain Injury Canada's Privacy Statement or any rule, regulation, guideline or policy of Brain Injury Canada as may be established and changed from time to time and posted on the Website.

DISCLAIMERS

While care has been taken in the preparation of the information contained on the Brain Injury Canada Website such information is obtained from a number of sources, may not be current and is provided to you without charge. Information provided on the Brain Injury Canada Website is intended for informational purposes only, is not intended to constitute medical advice, and should not be relied upon in any such regard. It is not intended to be a comprehensive or detailed statement concerning the matters addressed. Brain injury Canada does not recommend or endorse the use of any health product, service, drug or treatment method described in or provided through this website. You understand and agree that:


a.    Use of the Brain Injury Canada Website is at your sole risk. The Brain Injury Canada Website is provided strictly on an "as is", "as available" basis. Brain injury Canada does not warrant, represent, guarantee or covenant that the Brain Injury Canada Website will be uninterrupted or error free; nor does Brain Injury Canada make any guarantee, warranty, representation or covenant as to the results that may be obtained from the use of the Brain Injury Canada website, or as to the accuracy, reliability or content of any information or service on the Brain Injury Canada Website. Brain injury Canada will not be responsible for your inability to execute a transaction or obtain goods or services related to any such transaction, for whatever reason.
b.    The downloading of materials from the Brain Injury Canada Website is done at your own risk. Brain injury Canada does not at any time represent, covenant, guarantee or warrant that such materials are free of viruses, worms, trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Brain Injury Canada Website.

LIMITATIONS

In no event shall Brain Injury Canada or any of its employees, agents or subcontractors be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses, or damages for loss of income, loss of business profits, business interruption, loss of data or business information, or loss of or damage to property, or claims of third parties, or other pecuniary loss, arising out of or related to these terms and conditions of use, the use of the Brain Injury Canada Website, the use of any other site or page accessible from the Brain Injury Canada Website or the acquisition or use of any goods or services purchased through the Brain Injury Canada Website.

The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

PRIVACY NOTICE OF COLLECTION, CONSENT AND DISCLOSURE

Brain Injury Canada is committed to respecting the personal privacy of individuals using Brain Injury Canada Website. Brain Injury Canada only obtains Personal Information (as defined in section 2(1) of the Freedom of Information and Protection of Privacy Act) such as your name, phone number, e-mail or street address if you choose to supply it through our website or by contacting us via e-mail. Please refer to the Privacy Statement for more information and our Notice of Collection. The Personal Information in your message and your email address will not be disclosed to anyone except Brain Injury Canada employees, agents and subcontractors who need the information in order to respond to your request. Brain Injury Canada does not use this information to create personal profiles.

You acknowledge that there are security and privacy limitations of the Internet which are beyond the control of Brain Injury Canada and that the security, integrity and privacy of any and all information and data exchanged between you and Brain Injury Canada through the Brain Injury Canada Website cannot be guaranteed.

Brain Injury Canada is committed to protecting the privacy and confidentiality of its users' personal information. Brain Injury Canada Privacy Statement explains how Brain Injury Canada will ensure the confidentiality and privacy of the personal information you furnish to Brain Injury Canada. These Terms and Conditions of Use shall prevail in the event of a conflict or inconsistency with the Privacy Statement.

SITE USAGE AND SECURITY

To monitor site usage and improve the quality of our website, Brain Injury Canada, its agents or subcontractors gather information about the use of the Brain Injury Canada Website. We use web server logs and industry-standard website statistics software to count the number of users who visit our website and to count the number of views of particular pages, as well as to track other general statistics about our Website. The IP address of site visitors is also collected for the purpose of analyzing and generating statistics about site usage. An IP address is the number automatically assigned to the computer or to the Internet Service Provider requesting a URL. Brain Injury Canada cannot identify you from this information and this information is not disclosed to any third party.

Brain Injury Canada employs safeguards to secure the information contained on and collected through the Brain Injury Canada Website, including your Personal Information. Brain Injury Canada secures the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. Personal Information is transmitted only through the use of encrypted protection.

Personal Information submitted through the Brain Injury Canada Website will utilize secure encryption technology to help protect it and facilitate its arrival unread and unaltered at Brain Injury Canada servers. However, users should be aware that Personal Information could be intercepted over the Internet. Neither Brain Injury Canada or its employees, agents or subcontractors are responsible for the interception, collection, use or alteration of information transmitted over the Internet, such as by e-mail.

For site security purposes, Brain Injury Canada uses software programs and analytic tools to monitor network traffic that identifies unauthorized attempts to upload or change information, or otherwise cause damage.

Brain Injury Canada may use "cookies". A cookie is a set of data that is placed into the browser's application folder on your computer. You may wish to have your browser enabled to notify you when it is receiving a cookie, if it is not already so enabled. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. The purposes for which Brain Injury Canada uses cookies include tracking visits to this website and permitting Brain Injury Canada to customize the information that is available on the Brain Injury Canada Website. The Website operates on "implied consent" which means that by visiting and clicking through the site, we assume you agree with this usage. If you do not agree, then you should not use the Brain Injury Canada Website, or you can delete the cookies after visiting our sites.

TERMINATION OR SUSPENSION OF WEBSITE USE

Brain Injury Canada may immediately, with or without notice, suspend or terminate your use of the Brain Injury Canada Website and the related services or any portion thereof including any links to other websites at any time if, in Brain Injury Canada's sole discretion you breach any of these Terms of Use. Upon suspension or termination and thereafter you: (i) may no longer access and/or use the Brain Injury Canada Website without the prior written consent of Brain Injury Canada, and (ii) must immediately destroy all materials obtained from the Brain Injury Canada Website and all related documentation and all copies thereof.

Brain Injury Canada may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Brain Injury Canada Website or any part of it or any of its features including any links to other websites, at any time, for any reason, without liability to Brain Injury Canada and without notice to you or any other person.

If your permission to use the Brain Injury Canada Website is terminated by you or Brain Injury Canada for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Brain Injury Canada Website and your use of services through the Brain Injury Canada Website and anything connected with, relating to or arising from those matters.

GOVERNING LAW

These Terms and Conditions of Use shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and the laws of Canada as applicable, and you irrevocably attorn to the non-exclusive jurisdiction of the courts of Ontario.

MISCELLANEOUS

These Terms and Conditions of Use along with our Privacy Statement constitute the entire agreement between Brain Injury Canada and you pertaining to your use of the Brain Injury Canada Website.

Brain Injury Canada's failure to enforce any provision of these Terms and Conditions of Use shall not be construed as a waiver of such provision.

These Terms and Conditions of Use shall bind and ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.

If any part of these Terms and Conditions of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Brain Injury Canada seeks to make the Brain Injury Canada Website as accessible as possible. If you have any problems accessing the Brain Injury Canada Website or the Materials contained on it, please use the accessibility feedback form

COMPLAINT REVIEW PROCESS

If you have a complaint about any content on Brain Injury Canada Website including any content that contains inaccurate, false, misleading or inappropriate content, contact us

Upon receiving your complaint, Brain Injury Canada will use reasonable efforts to review the content that you believe to be false, misleading, or otherwise inappropriate and will endeavor to respond to you within one week's time. As part of Brain Injury Canada's review and at its discretion, Brain Injury Canada will use reasonable efforts to resolve the reason for the complaint and contact you regarding any new information and any steps that may be taken.