Terms and Conditions

These Terms and Conditions are dated: March 10, 2022

1. Terms and Conditions of Use of Site

FACIT (“FACIT” or “we” or “us”) owns and operates this website (the “Site”). Your access to and use of this Site is subject to your agreement to and compliance with the terms and conditions of use set forth below, together with any documents or additional terms, conditions or policies referred to herein or available by hyperlink (the “Terms and Conditions”). By accessing or otherwise using this Site, including without limitation, accessing, using, and/or downloading messages, information, data, text, video, software or images, or other content from this Site (collectively the “Content”), or sending messages, information, data, text, video, software or images, or other Content to the Site (“Communications”), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, please do not access or use this Site.

FACIT has the right, in its sole discretion, to add to, remove, modify or otherwise change the Terms and Conditions, in whole or in part, at any time. Please check the Terms and Conditions frequently by checking the date at the top of these Terms and Conditions to see if there have been any changes that may affect your decision on whether or not to use the Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue your access or use of this Site immediately. Your continued access or use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with FACIT.

FACIT may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site; (ii) adding, removing or changing any fees or charges for use of the Site or any features thereof; and (iii) removing, adding, modifying or otherwise changing any Content on this Site. Any new Content, functionality or services which are added to the Site will also be subject to these Terms and Conditions. FACIT reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice but confirms that it has no duty to do so.

By using the Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with FACIT. If you do not meet these requirements, you must not access or use the Site.

2. Protection of Visitors’ Privacy

We respect the privacy of all visitors to the Site. We do not actively collect your personal information, except where you provide such information in the course of using the Site. FACIT’s general policies with respect to the collection, use and disclosure of personal information are reflected in the Privacy Policy posted on the Site. Please ensure you have read and agree with the Privacy Policy. Should FACIT change its Privacy Policy, a revised policy will be posted on the Site. By visiting and using this Site, you are consenting to the collection, use and disclosure of that personal information as specified in any collection form or in the Privacy Policy.

We may automatically collect visitors’ non-personal information such as the type of internet browser or the website from which visitors linked to the Site. Visitors cannot be identified from such information and it is only used to assist us in providing effective services on the Site. We may from time to time supply third parties with this non-personal or aggregated data for use in connection with the Site.

3. Proprietary Rights

All Content (including, without limitation, the design, text, html code, multimedia clips, graphics, icons, java code, audio, visual materials, trademarks, service marks, logos, slogans, and internet domain names) is exclusively the property of FACIT or its licensors, and is protected by copyright, trademark, and other applicable intellectual property and proprietary rights and laws. FACIT or its licensors shall retain all rights, title, ownership and interests in the Content and any intellectual property rights therein. Except as expressly provided, nothing in these Terms and Conditions or within the Site shall be construed as granting any license under any of the intellectual property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, redistributing, reproducing, publishing, using or modifying the Content, in whole or in part, without the prior written consent of FACIT or any third party owner of the Content or intellectual property. We will take appropriate legal action to enforce our rights in relation to any violation of our intellectual property rights or any prohibited use of Content.

Certain words, phrases, names, designs or logos used on the Site (collectively, the “Marks”), and any links from the Site may constitute trademarks, service marks or trade names of FACIT, used under license by FACIT or other entities. The display of any such Marks does not imply that a license has been granted to you by FACIT or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without the prior written permission of FACIT. The Marks include, without limitation, the name “FACIT” and its logo.

You agree to comply with all applicable intellectual property and proprietary rights laws in your use of this Site and to prevent any unauthorized copying of the Content. You acknowledge that the unauthorized use of the materials contained on the Site may cause irreparable harm to FACIT and that in the event of any unauthorized use, FACIT shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with FACIT.

4. Limited License

Subject to the Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print single copies and download the Content for informational purposes only and solely for your own non-commercial, personal or internal company use provided you retain all copyright and other proprietary notices. No other use is permitted. You must also abide by any additional requirements governing the use of any specific Content. In the event of a conflict between the term of a specific license governing specific Content and these Terms and Conditions, the terms of the specific licence shall govern.

5. Restrictions on Site Use

In addition to any other obligation set out herein, you agree not to:

  • sell, license, rent, reuse, adapt, publish, frame, post, upload, broadcast, copy, modify, or attempt to modify any Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose, without our express written authorization;
  • remove any proprietary notices or labels on this Site or the Content;
  • plagiarize the Content on this site or otherwise violate or infringe the Proprietary Rights of FACIT or any third party;
  • damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, or affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure);
  • use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Content in whole or in part;
  • attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;
  • access any Content through any technology or means other than through the Site itself or explicitly authorized means permitted by FACIT;
  • mirror the Site or any of the Content on any server without the express written permission of FACIT; or
  • use the Site for any commercial use, without the prior written authorization of FACIT. Prohibited commercial uses include, but are not limited to, any of the following actions taken without FACIT’s express approval:
    • sale of access to the Site on another website; or
    • use of the Site for the primary purpose of gaining advertising or subscription revenue.

In addition, you agree that you are solely responsible for actions and Communications undertaken or transmitted in the course of your use of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. FACIT will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. FACIT reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.

6. Links to and from Third Party Websites

Certain links on this Site may take you to other websites owned and operated by third parties, which are not controlled or maintained by us (the “Third Party Sites”). Third Party Sites are independent from this Site and FACIT provides these links as a convenience only.

FACIT has no control over, and is not responsible for, the content of any Third Party Site. FACIT makes no representation or warranty regarding, and does not endorse, any Third Party Site or the information, products or services appearing thereon. If you follow these links, you will leave this Site. If you decide to visit any Third Party Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any harm or damage or loss caused or alleged by or in connection with your use of or reliance on any such content, goods, or services available on or through any Third Party Sites. The terms of use and privacy policies applicable to such Third Party Sites may be different than those applicable to this Site. We strongly encourage you to read the terms and conditions and privacy policies of any Third Party Site that you visit. FACIT may terminate a link at any time.

FACIT welcomes links to this Site. However, you agree that if you want to link to this Site, your website shall not:

  • create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
  • imply that FACIT is endorsing you or any other person, or your or such other person’s products or services;
  • imply an affiliation between you or any other person, or your or such other person’s products or services, and FACIT without the prior written consent of FACIT;
  • misrepresent your relationship or that of any other person with FACIT or present false, misleading or otherwise damaging information or impressions about FACIT or any of its products or services; or
  • contain, post, or transmit materials that may be interpreted as unlawful, indecent, distasteful, harmful, offensive, infringing or inaccurate.

FACIT reserves the right to prohibit or refuse to accept any link to the Site, including without limitation any link which contains or makes available any content or information of the foregoing nature at any time. You acknowledge and agree that you will remove any links to the Site or any other FACIT website upon our request.

7. Disclaimers

This Site is provided on an “as-is, as available” basis. While FACIT believes the Content on this Site to be correct, FACIT makes no representations or warranties regarding the accuracy, completeness, validity, currency or availability of any Content or information displayed on this Site.

This Site is designed for informational purposes only. The Site does not provide medical advice or professional services and should not be relied upon as such. The information provided on this Site is not intended as a substitute for medical professional help or advice but is to be used only as an aid in understanding current medical knowledge. A physician should always be consulted for any health problem or question, or medical condition. Use of or reliance on the information displayed on this Site is at your own risk.

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted or error-free, that any defects or errors will be corrected or that the Site will be free from loss, corruption, attack, viruses, interference, hacking or other harmful components or security intrusions, and we disclaim any liability relating thereto.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FACIT AND ITS RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, MEMBERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY THE “FACIT PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE ACCESS TO, USE OF OR INABILITY TO USE ALL OR ANY PART OF THIS SITE OR ITS CONTENTS, OR ANY ACTION TAKEN (OR REFRAINED FROM  BEING TAKEN) AS A RESULT OF ANY OF THE FOREGOING, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE FACIT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ACCESS THIS SITE, IF ANY. IN NO EVENT SHALL ANY FACIT PARTY BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY HYPERLINKED WEBSITE. BY USING THE CONTENT, YOU AGREE TO INDEMNIFY FACIT AND ITS CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM: (I) YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT; (II) BREACH OF THESE TERMS AND CONDITIONS OR THE TERMS OF ANY DOCUMENT OR WEBSITES THEY INCORPORATE BY REFERENCE; OR (III) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY PARTY.

9. Security

We cannot guarantee the security or confidentiality of any Communication to or from the Site. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

10. Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions will remain and continue in full force and effect.

11. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Site and supersede and replace any prior agreements we might have had between us regarding the Site, including but not limited to any prior versions of these Terms and Conditions.

12. Termination

FACIT may, in its sole discretion, cancel or terminate your right to use the Site or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access the Site, or part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Site and the disclaimers and limitations of liabilities set forth in these Terms and Conditions shall survive termination of your right to use the Site or any part thereof. We shall not be liable to any party for such termination.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the province of Ontario and the federal laws of Canada applicable therein, and any dispute arising hereunder shall be resolved exclusively by the courts in the province of Ontario. By using this website, you agree to the exclusive jurisdiction of the Courts of the Province of Ontario for any claims, actions, or other legal proceedings arising from or related in any way to the Site.

14. Contact

Questions or comments regarding the Site or these Terms and Conditions should be directed by e-mail to: info@facit.ca.