Please read these terms and conditions of use carefully before using this
website
Your use of the Association of Local Public Health Agencies' (alPHa) website
is expressly conditioned on your acceptance without modification of the following
terms and conditions (the "Terms and Conditions"). By using alPHa's
website, you signify your acceptance of these Terms and Conditions.
Ownership
The alPHa website its design, text, graphics, content, video, audio and
the selection and arrangement thereof are the property of alPHa, and/or its
various subsidiaries, affiliates, third party providers and distributors ("Third
Parties"), and is protected under the copyright laws of Canada and other
countries. None of the content found on the alPHa website may be reproduced,
republished, distributed, displayed, sold, transferred, or modified without
the express written permission of alPHa and/or the applicable Third Parties.
alPHa and all other alPHa related trademarks and design marks displayed on
alPHa (collectively, the "Trademarks") are registered and common law
trademarks of their respective owners. Nothing contained on the alPHa website
should be construed as granting, by implication or otherwise, any license or
right to use any trademarks, including the Trademarks, except with the express
written permission of alPHa or such other party that may own the applicable
trademarks.
Use of Site
The alPHa website may not, in whole or in part, be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without the written
permission of alPHa, except that you may download, display and print the materials
presented on alPHa for your personal, non-commercial use only. Unauthorized
use of alPHa and/or the materials contained on alPHa may violate applicable
copyright, trademark or other intellectual property laws or other laws. You
must retain all copyright and trademark notices, including any other proprietary
notices, contained in the materials. The use of such materials on any other
website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting any infringing,
unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offence, give rise to civil liability,
or otherwise violate any law.
In its sole discretion, in addition to any other rights or remedies available
to AlPHa and without any liability whatsoever, alPHa at any time and without
notice may terminate or restrict your access to any component of the alPHa website.
Feedback
alPHa enables visitors to provide alPHa with feedback by email ("Customer
Content"). If you provide Customer Content, you grant alPHa a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right to use,
delete, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such Customer Content throughout the world in
any media, now known or hereafter developed, and you waive any and all moral
rights in the Customer Content. You also grant alPHa the right to use the name
you submit with the Customer Content, if any, in connection with alPHa's rights
hereunder.
Liability Disclaimer
Except as explicitly provided in the foregoing paragraphs, alPHa and the
Third Parties make no representations or warranties of any kind, express or
implied, regarding any materials provided on alPHa and/or on files available
for download from the website. alPHa and the Third Parties do not warrant the
accuracy, completeness, currency, reliability or suitability of the operation
of alPHa website, or any of the content or data found on alPHa and expressly
disclaim all warranties and conditions, including implied warranties and conditions
of merchantability, fitness for a particular purpose, title and non-infringement,
and those arising by statute or otherwise in law or from a course of dealing
or usage of trade.
alPHa and the Third Parties assume no responsibility, and shall not be liable
for, any damages to, or viruses that may infect your computer equipment or other
property on account of your access to, use of, or browsing on alPHa or your
downloading of any materials, data, text, images, video or audio from alPHa.
In no event shall alPHa or any of the Third Parties be liable for any injury,
loss, claim, damage, or any special, exemplary, punitive, direct, indirect,
incidental or consequential damages of any kind (including, but not limited
to lost profits or lost savings), whether based in contract, tort, strict liability,
or otherwise, which arises out of or is in any way connected with any use of
alPHa website or content found herein, any failure or delay (including, but
not limited to the use of or inability to use any component of alPHa for any
purpose whatsoever), of the performance or non performance by alPHa or any of
the Third Parties, even if such party has been advised of the possibility of
damages by such parties or any other party.
Maximum Liability
If, notwithstanding the foregoing, alPHa or any of the Third Parties should
be found liable for any loss or damage which arise out of or is in any way connected
with any of the functions or uses of alPHa website, the liability of alPHa and
the Third Parties shall in no event exceed in the aggregate $1 CAD.
Indemnification
You shall indemnify and save harmless alPHa and the Third Parties and their
officers, directors, employees, consultants, representatives and agents from
and against any claim, cause of action or demand, including without limitation
reasonable legal, accounting and other professional fees, brought as a result
of your use of alPHa website.
Links
The alPHa contains links to other websites which are provided solely as
a convenience to you and the inclusion of any link does not imply endorsement,
investigation or verification by alPHa or the Third Parties of the linked website
or information contained therein. alPHa and the Third Parties shall not be responsible
for the content of any other websites and makes no representation or warranty
regarding any other websites or the contents or materials on such websites.
If you decide to access other websites, you do so at your own risk.
Relationships
The relationship between alPHa and you will be that of independent contractors,
and neither of us nor any of our respective officers, agents or employees will
be held or construed to be partners, joint ventures, fiduciaries, employees
or agents of the other as a result of these Terms and Conditions or use of alPHa
website.
Governing Law
This Agreement and its performance shall be governed by the laws of the
Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction
of the courts located in the City of Toronto, in the Province of Ontario, Canada,
in all disputes arising out of or relating to the use of alPHa website and these
Terms and Conditions.
Modification
AlPHa reserves the right to, without notice, make changes to alPHa website,
including without limitation with respect to services offered, product information,
availability, content and pricing, and may at any time modify the Terms and
Conditions of use of alPHa Your continued use of alPHa website will be conditioned
upon your acceptance of the Terms and Conditions in force at the time of your
use.
Additional Terms and Conditions
Separate Terms and Conditions may apply to use of products and services
and other uses of portions of alPHa website.
Severability
These Terms and Conditions shall be deemed severable. In the event that
any provision is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable law, and
such determination shall not affect the validity and enforceability of any other
remaining provisions.
Headings
The headings used in these Terms and Conditions are included for convenience
only and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred
to herein constitute the entire agreement between us relating to the subject
matter hereof, and it supersedes any prior understandings or agreements (whether
electronic, oral or written) regarding the subject matter, and may not be amended
or modified except in writing, or by alPHa making such amendments or modifications
available to it pursuant to the Terms and Conditions.
