Terms and Conditions
1. Terms and Conditions of Use of Site
The Fight Against Cancer Innovation Trust ("FACIT") provides this website (the "Site") to you subject to your agreement to and compliance with the terms and conditions of use set forth below (the "Terms and Conditions"). By visiting 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, 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 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 of "Last Updated" at the top of this document 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 use of this Site immediately. Your continued 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. 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.
2. Website Privacy Statement
The Website Privacy Statement applies to your use of this website. Please ensure you have read and agree with the Website Privacy Statement. By visiting and using this Site, you are consenting to the collection, use and disclosure of your Personal Information while visiting the Site.
3. Proprietary Rights
The Site Content is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by FACIT and/or its affiliates, or other third-party content providers. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. Any use of any Content, in whole or in part, without prior written authorization of FACIT is strictly prohibited.
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.
4. Restrictions on Site Use
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 and download and use the content of this Site 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.
Prohibited uses include, without limitation:
- reselling any Content;
- including any Content in or with any product that you create or distribute unless the copyright attribution accompanies such Content;
- copying any Content onto your own or any other website;
- removing any proprietary notices or labels on this Site or the Content provided on this Site;
- plagiarizing the Content on this site or otherwise violating or infringing the Proprietary Rights of FACIT or any third party; or
- using this Site in any manner that could 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).
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.
5. Links to Third Party Websites
Certain links on this Site may take you to other websites. All such other websites are independent from this Site and FACIT provides these links as a convenience only.
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 materials that may be interpreted as distasteful, harmful, offensive, infringing or inaccurate.
You acknowledge and agree that FACIT reserves the right to request, at any time and in its sole discretion, that you remove all links or any particular link to the Site or any other FACIT website or to a page of the Site or any other FACIT website.
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 or currency of any Content 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.
7. 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 USE OF OR INABILITY TO USE THIS SITE, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE 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 YOUR USE OF THE CONTENT.
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.