Terms of use

Terms of Use

Access to the COLLEGE (Osteopathic Studies) Inc. and the CCO (Osteopathic Studies) Inc. Web site, these corporations also doing business as the Canadian College of Osteopathy (hereafter the “College“ located at ● or● (the “Web Site”) and its use, as well as any access and use of the services available on this Web Site (hereafter collectively the “Services”) are governed by these “Terms of Use”.

The following Terms of Use and any rule, policy or directive posted on the Web Site including the Policy regarding the Protection of Personal Information [note : insérer un lien] constitute the whole and complete agreement between the College and any Web Site user (hereinafter “you”) regarding the use of the Web Site and the Services.

1. Personnal Use

In accordance with these Terms of Use, the College grants a limited authorization to you, in order that you may access the Web Site and use the Services thereon solely for personal use. You may also print, for your personal use only, a copy of the information on the Services posted on the Web Site.

You may only use the Web Site and partake in the Services to a lawful end. Any conduct on your part which the College considers as limiting or restricting any other user’s right to fully benefit from the Services or to freely enjoy the Web Site, or would overburden any portion of the College’s infrastructure, is forbidden. You will not use the Web Site for publicity or commercial solicitation, more particularly to encourage other users to become users, participants in or clients of other web sites or services or for any other end..

You also do declare having attained the age of majority in the jurisdiction where you do reside.

1. Intellectual Property Rights.

Unless otherwise stated, the text, images, graphic elements, software, videos as well as their selection, their arrangement, layout as well as any underlying technology used by the Web Site or forming part thereof (collectively hereafter the “Content”) and the totality of the Web Site are protected by the laws having jurisdiction on copyright, trademarks and other rights covering intellectual property held by the College or used under license or other agreement by same.

As well, any and all rights pertaining to any intellectual property on the Web Site, the Services and the Content, including copyrights, trademarks, commercial or industrial secrets as well as patents are limited to their respective owner(s) and you hereby do covenant and agree not to infringe upon those rights. You do also covenant and agree hereby not to augment, change or remove any and all notices, including notices of copyright, legends or captions appearing in the Content.

You may not reproduce on your own Web site or on any another site, any part of the Web Site, the Services or the Content or post any information originating from the Web Site, the Services or the Content without first having obtained a written authorization from the College. You may not copy, reproduce, publicly post or modify, in whole or in part, the Web Site, the Services or the Content, or any other software associated thereto or to operate same for whatever reason or derive any benefit therefrom.

1. Security

Access to certain Services provided through the Web Site is limited to registered users (the “Members”) and protected by a username and a password. Information you provide through the Web Site or in partaking in the Services should always be accurate, exact and up to date. It is your responsibility to protect your username and password so they remain confidential and not to divulge same to third parties.

By registering yourself as a Member you thereby authorize the College to deal with any person using your username and password, as if it was you, and any obligation or responsibility resulting therefrom shall be attributed to you as if you had personally used the Services or the Web Site. You hereby also agree to notify College immediately of any unauthorized use of your username or password.

College does not guarantee the absence of viruses on the Web Site or in the software, files, data or images of third parties downloaded from the Web Site. You must take the usual precautions in order to ensure your own computer security and your data, including installation of the most recent anti-virus software and the set-up of your system’s environment in order for it to detect viruses at the time of downloading.

.Any information posted on the Web Site is subject to change without prior notice [note: notice- or prior one???] and the College does not guarantee the accuracy of the information posted on its Web Site.

1. Links

The web Site may include links to services or resources offered by third parties. College does not control access to or contents of these third party sites.

You must have received authorization from the College before you can create a link with the Web Site.

THE COLLEGE is not responsible AND SHALL REMAIN FULLY EXONERATED for losses or damages which may, IN ANY WAY, result from the content of OR OF THE USE OF a third party Web site or of the services provided by a third party.

1. Contributions

A portion of the Services and the Content does remain outside of the College’s control since it is contributed by its Members. The College does not therefore control the quality, the accuracy, the security or the legality of these elements and is not responsible for any information supplied by third parties, including the information supplied by the Web Site Members, as well as the acts that may be undertaken by you and based upon such information.

You may not and will not post on or transmit by way of the Web Site any content which may violate third party rights or that may damage them in any way, is illegal, menacing, abusive or defamatory, is vulgar or obscene, which does include heinous or degrading remarks based upon race, color, religion, sexual orientation, national or ethnic origin, which may violate any third party confidentiality or protection of privacy, incite or encourage criminal behaviour, or contains any virus or software which may damage, upset or illicitly intercept data or hamper use of the Web Site.

Any data, comment, text or other information divulged, submitted to or transmitted by way of the College Web Site or posted thereon (hereafter called a “Contribution”) shall become the property of the College. Any contribution communicated or submitted to the College also constitutes a transfer of any right, title and interest, throughout the world, including any intellectual property, pertaining to such contribution and College may reproduce, modify or use same in any manner, including in a commercial fashion commercially without paying any dues or other form of compensation. College is not obligated to keep or publish confidential contributions. You are not authorized to make contributions for which you are not the sole author or concerning which you do not hold any and all intellectual property rights.

1. Indemnity

You agree to defend, indemnify and hold harmless COLLEGE as well as its affiliates, their employees, agents, mandataries, representatives, respective heirs and assigns against any loss, liability, fees, charges, damages and expenses (including legal fees) resulting from any claim or suit or reason for suit arising from your use of the Web Site or of the Services or in violation of these terms of Use or related to them, more particularly but not limited to the lack of declaration, guarantee or condition or a violation of any law or regulation applicable thereto or of any third party right in the instance. You are also fully responsible for your own defence against any lawsuit and of the damages to be paid or losses incurred as a result of said lawsuit by the COLLEGE or any third party.

1. Limitation of guarantees and liabilities

The Web Site and Services are supplied in an “as is” manner without any guarantee, more particularly but not limited to their availability or uninterrupted use. AS PROVIDED FOR BY LAW, THE COLLEGE DOES NOT GRANT AND DOES EXCLUDE ANY GUARANTEE, WHETHER EXPLICIT, IMPLICIT OR LEGAL IN NATURE, FOR THE QUALITY, TITLE, MERCHANDABILITY, USE FOR A SPECIFIC PURPOSE OR ANY OTHER, PERTAINING TO THE WEB SITE OR THE SERVICES. NEITHER THE COLLEGE, ITS OFFICERS, DIRECTORS, AGENTS, MANDATARIES, NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES,.EMPLOYEES, SUCCESSORS OR ASSIGNS, CONTENTS’ OR SERVICES’ SUPPLIERS SHALL BE RESPONSIBLE TOWARD YOU FOR ANY DAMAGE, FORESEABLE OR NOT, RESULTING DIRECTLY OR INDIRECTLY OR INDIRECTLY FROM THE USE OF THE WEB SITE, THE SERVICES PERTAINNING THERETO OR CONTENTS THEREOF EVEN IN THE EVENT THE COLLEGE HAD BEEN ADVISED OF SUCH DAMAGES OR OF ANY LOSS, CLAIM, DAMAGE, EXPENSE, LIABILITY, DEBT OR EXPENSE (INCLUDING LEGAL FEES AND RELATED COSTS) RESULTING DIRECTLY OR INDIRECTLY FROM ANY CLAIM THAT YOUR USE OF THE SERVICES, WEB SITE OR THE USE OF A CONTRIBUTION MADE BY YOU RESULTS IN A VIOLATION OF COPYRIGHTS, TRADEMARKS, COMMERCIAL SECRETS, CONFIDENTIALITY, RIGHTS TO PRIVACY OR ANY OTHE RIGHT OF A THIRD PARTY OR IS THE CAUSE OF ANY DAMAGE THERETO.

As provided for by law, these limitations to guarantees and liabilities do apply to any form of suit, pertaining to contractual, extra-contractual obligations as well as to torts. Such limits may not apply in certain jurisdictions.

1. Personal Information Protection and Gathering of Information

The College’s practices toward the protection and gathering, use and communication of personal information are fully described in the Policy regarding Protection of Personal Information located at [insérer un lien ici]. This Policy regarding Protection of Personal Information forms part of these Terns of Use. Before giving your consent regarding these Terms of Use, please read this policy located at [insérer un lien ici]

You do hereby covenant and agree not to post or communicate personal or confidential information regarding any third party or to gather personal information by using the Web Site or the Services (more particularly but not limited to sending unsolicited communications of any nature), not to register with more than one username, not to falsely state your identity or your relation to any other person, group or entity as well as not to solicit personal information for commercial ends,

1. Duration and cancellation

These terms of Use shall remain in full force and effect until cancelled. They may be cancelled by you or by the College at any time and your right to access and to use the Services and the Web Site shall end immediately upon such cancellation. The College reserves the right to modify the content of the Web Site or the nature and function of the Services at any time and without notice. The College reserves the right to cancel your access to the Web Site and Services should you not respect the provisions of these Terms of Use. Sections [insérer les articles ●] shall remain in full force and have full effect after these Terms of Use have been cancelled.

1. Amendment

The College may modify these terms of use at any time by posting the amended Terms of Use and the date of amendment on the Web site. The amended Terms of Use shall then come into force immediately. It is your responsibility to check regularly for modifications to these Terms of Use and should you continue to use the Services following any amendment thereto, such use carries your acceptance of the amended provisions. Should you disagree with the amendments to these Terms of Use, you must cease to use the Services immediately.

1. Generalities

These Terms of Use are governed by the laws of the Province of Quebec (Canada) save and except for their provisions pertaining to conflicts of jurisdictions, as well as to the Laws of Canada applicable thereto (except if such choice is not allowed in the jurisdiction where you reside and, in such case, the jurisdiction where you reside shall then govern these Terms of Use). Any clam or dispute arising from these terms of Use shall be submitted to a tribunal of competent jurisdiction in the judicial District of Montréal, Province of Quebec. Any default by the College to exercise any right arising from or to enforce any provision of these Terms of Use shall, at no time, be deemed as a waiver of such right or provision. Should a provision of this agreement be deemed invalid by a tribunal having jurisdiction in the instance, then the other provisions of these Terms of Use will continue to be in full force and have full effect.

All the transactions will be conducted in canadian dollars.

This version of the Terms of Use was reviewed as at ● 2011