Disclaimer

Terms of Use and Privacy Statement

IMPORTANT: READ THE FOLLOWING TERMS OF USE AND PRIVACY STATEMENT (COLLECTIVELY, the “Terms”) CAREFULLY BEFORE USING THIS WEB SITE.

By using this Dignity in Care web site (the “Site”), you are agreeing to the Terms, including the collection, use and disclosure of your personal information. If you do not agree to all of the Terms, do not use the Site.

The Manitoba Palliative Care Research Unit (“MPCRU”) reserves the right to revise the Terms at any time by updating this posting. Use of the Site after changes are posted will signify your acceptance of the revised Terms. Visit this page prior to using the Site to review the current Terms.

The Terms were last revised on: May 27, 2010.

Privacy Statement

MPCRU is committed to maintaining the confidentiality and privacy of your personal information in accordance with The Freedom of Information and Protection of Privacy Act of Manitoba (“FIPPA”) and your personal health information in accordance with The Personal Health Information Act of Manitoba (“PHIA”).

When you visit the site, we only collect information that is necessary for the operation and security of the Site. The Web server automatically collects your Internet domain name or Internet Protocol (IP) address, which may identify you depending on the “naming standards” followed by your Internet Service Provider. This information is collected so that we know how many people visit the Site, the geographical region they are from, and which pages they view on the Site. The collection of this information is in accordance with FIPPA. The information is maintained in statistical reports and individuals are not identified. This information is not used for any other purpose. The statistical information is kept for 3 years before it is destroyed.

We do not use cookies on the Site and we do not disclose the collected information to any public bodies, trustees, agencies or individuals.

Terms of Use

Choice of Law

MPCRU operates in Winnipeg, Manitoba, Canada, and the Site and its content is intended for use by residents of Canada only. The Site may be appropriate for use in other countries as well, but that decision must be made by a user in that other country and will not be made by MPCRU. You agree that the laws of the Province of Manitoba and the laws of Canada applicable therein shall govern as to your access or use of the Site and its content and as to the interpretation, validity and effect of the Terms notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding instituted under or pursuant to the Terms and all matters relating to your access and use of the Site and its content.

No Healthcare or Medical Advice

The information that is provided on the Site is not intended to be healthcare or medical advice. Many factors unknown to the MPCRU may affect the applicability of any statement or comment to your particular circumstances. You should not act nor refrain from acting based upon any information contained on the Site without consulting a qualified health care professional.

If you have or suspect you have a health problem, you should call your health care provider immediately. The Site contains general information that is not specific to any individual person. If you have any questions after reading any information on the Site ask your own physician or health care professional or provider. They know you and can best answer your questions.

Any information on the Site represents the opinions of the authors and not that of MPCRU. The Site provides general information that may be of interest to readers. The information is not intended to replace consultations with your health care professional or to provide medical advice or diagnosis. Please direct all personal medical and health questions to your health care professional. Neither MPCRU nor its management, staff and/or physicians shall be liable for any damages, claims, liabilities, costs or obligations arising from the use or misuse of any of the information contained in the Site, whether such obligations arise in contract, tort, negligence, equity or statute law.

Copyright

This Site is protected under the copyright laws of Canada and other countries. The materials and images on the Site are protected by copyright and may also be trademarked.

MPCRU either owns the intellectual property rights, including copyright, in and to the Site, or has acquired the necessary licenses in the information, including all text, HTML code, multimedia clips, images, graphics, icons and the selection and arrangement of the contents of the Site.

The Site has been prepared specifically for MPCRU, not for any manufacturer or other company, and the authors have not received any remuneration from any manufacturer or other company in connection with its preparation.

No portion of the Site shall be reproduced without the consent of MPCRU.

Limited License

MPCRU grants each user of the Site a limited license to display on their computer, print, download and/or use the underlying HTML, text and other content that is made available on the Site, for non-commercial, personal or educational purposes only, provided that:

content is not modified; and

included with, and displayed on, each copy of such content is the associated copyright notice and this limited license.

No other use is permitted. Without limiting the generality of the foregoing, you may not:

make any commercial use of such content; or

include such content in or with any product that you create or distribute; or

copy such content onto your, or any other person’s, web site.

Permission to Reproduce

Advanced, express written authorization is required from MPCRU if you wish to use and/or publish the name, logo, and/or any of the likenesses, photographs, graphics, illustrations, video, music and sound from the Site. For more information please contact MPCRU at info@dignityincare.ca.

Unless otherwise noted, text on the Site may be reproduced for non-commercial personal purposes. Any reproductions may not be represented as an official version of the materials reproduced, or as having been made in affiliation with, or with the endorsement of MPCRU.

Trademarks

Certain words, phrases, names, designs, or logos used on the Site may constitute trademarks, service marks or trade names of MPCRU or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by MPCRU or any other entity.

No Advice or Warranties

MPCRU does not warrant the quality, accuracy or completeness of the content, information or services made available on the Site. Such content, information and services are provided on an “as is” and “as available” basis, without warranty or condition of any kind. The Site may include inaccuracies or typographical errors. You should not assume that the Site will be error-free or that the Site will operate without interruption.

The information on the Site, including but not limited to newsletters, articles, opinions, views, wording, graphics and images is provided for educational or information purposes only. It is not intended to provide medical, legal or professional advice whatsoever and should not be relied upon in that respect. You should not act or rely on any information on the Site without seeking the advice of a professional.

The information provided on the Site is believed to be reliable when posted. However, MPCRU does not warrant or guarantee the quality, accuracy, completeness or timeliness of any of the information. MPCRU assumes no obligation to update the information or advise on further developments concerning topics mentioned. MPCRU may make changes to the content at any time in its sole discretion without notice.

MPCRU, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, STATUTORY OR OTHERWISE, REGARDING USE OF THE SITE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

No Endorsement or Solicitation

MPCRU does not exert responsibility, editorial or other control over the contents of the links to other Internet sites or any postings by a third party. MPCRU disclaims any and all liability for any claims or damages which may result from any postings by third parties. MPCRU disclaims any and all liability for injury and/or other damages which MAY result from an individual using techniques or any information discussed on the Site or any linked web site.

References in the Site to third parties’ goods, services, products or publications are not endorsements or approval of such goods, services, products or publications. Links to other web sites are not endorsements or approvals of such sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection, worms, Trojan horses, or other destructive/disruptive components on or from such web sites.

A link to another site should not be construed to mean that MPCRU is affiliated or associated with, or is legally authorized to use, any trademark, trade name, logo or copyright symbol that may be reflected in the link or the description of the link to such other sites.

The Site contains links to web sites and servers maintained by third parties over whom MPCRU has no control. By providing these links, MPCRU is not endorsing these web sites nor is it responsible for the privacy practices, content, transactions, and the functioning of these web sites.

No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services.

Searches

MPCRU uses reasonable efforts but is not responsible for the results of any search results that reference sites and information located worldwide throughout the Internet. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your use of the Site Search tool may automatically and unintentionally generate links or references to objectionable material. MPCRU can make no claim that such surprises will not occur. Computerized search technology does not give you search results limited to only the web sites that you were seeking. There may be extraneous referenced results as well.

No Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, REGARDLESS OF THE CIRCUMSTANCES, MPCRA IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY OTHER LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, MISUSE OF OR INABILITY TO USE THE SITE OR RELIANCE ON ANY OF THE INFORMATION AVAILABLE ON THE SITE, INCLUDING ANY LOSS OF USE, LOST DATA, PERSONAL INJURY /WRONGFUL DEATH OR ANY OTHER PERSONAL OR PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, AND WHETHER OR NOT MPCRU WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

MPCRU disclaims any liability for unauthorized use or reproduction of any portion of the Site.

MPCRU assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with the Site.

In no event shall MPCRU or any third parties mentioned on this web site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use, misuse or inability to use this web site, whether based on warranty, contract, tort or other legal theory, and whether or not MPCRU is advised of the possibility of such damages.

Indemnity

You agree to indemnify MPCRU from and against any and all actions, claims, losses, damages, liabilities and expenses, including reasonable legal fees, arising directly or indirectly from: (a) your breach of any of the Terms or any additional terms; (b) your access to or use of the Site or any web site to which the Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from the Site; or (d) your violation of any law or regulation to the detriment of MPCRU. If you are dissatisfied with any information or other material on the Site or with any of the Terms, your sole and exclusive remedy is to immediately discontinue using the Site.

Conformance with Law

You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.

Submissions

All information submitted to MPCRU via the Site shall be deemed and shall remain the property of MPCRU and MPCRU shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to MPCRU through the Site or sent through e-mail. MPCRU shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed to by MPCRU in writing or required by law.

You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property or other rights of any third parties and you grant MPCRU the right to provide access to the information from the Site. You warrant that any software submitted to MPCRU shall be free of computer viruses.

Viruses and Infections

While reasonable efforts are made to ensure that all information provided on the Site does not contain computer viruses, MPCRU cannot and does not either guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, or codes that manifest contaminating or destructive properties. You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

Confidentiality Warning

The Internet is not a secure medium and privacy cannot be assured. The MPCRU cannot assume any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to anyone.

Before sending any personal information to MPCRU, please read the following information:

Personal Information

Personal Information under FIPPA is any recorded information on an identifiable individual. This can include, but is not limited to, an individual’s name, address, telephone number, age, identifying number, fingerprints, blood type, health care history, education, financial, criminal, or employment history.

Providing Personal Information to MPCRU

As a visitor to the Site, you are anonymous to MPCRU. There may be situations where you are requested to voluntarily provide personal information. All personal information collected will be kept confidential. We obtain this information only when you provide it voluntarily for a specific purpose – for example,  responding to and processing your requests for information. Personal Information that you provide will not be shared outside of MPCRU except as required or permitted by law.

Transmitting Personal Information via the Internet

Users should note when using the Site that information will be transmitted over a medium which is beyond the control and jurisdiction of MPCRU. Accordingly, MPCRU assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with the Site.

As we cannot guarantee the security of electronic systems or e-mail, we do not recommend sending personal health information or sensitive personal information or complaints electronically. For all such matters please contact MCPRU by postal mail at MPCRU, Rm. 3017-675 McDermot Ave, Winnipeg MB, Canada R3E 0V9.

Privacy Legislation

For more information on FIPPA and how you can protect the privacy of your personal information, please contact Access and Privacy Services. Phone: 204-945-3738 Toll free: 1-800-617-3588 (Manitoba) E-mail: govrecs@gov.mb.ca

Complete Agreement

The Terms represent the entire agreement between every user and MPCRU regarding use of the Site.

For More Information

MPCRU welcomes your comments and questions about our Terms of Use and Privacy Statement. Please feel free to contact us via email: info@dignityincare.ca