- COPYRIGHT AND USE OF MATERIALS
The contents on the Site, including academic publishing, policies, resources and all texts, logos, designs, audio clips, wares, graphics, icons, video footage, digital downloads, images or data compilations, is the sole property of NPAO or its affiliates and is protected by Canadian and international copyright laws. You agree that NPAO and its affiliates have exclusive rights, title and title interest in and to the Site, and any content, including all associated intellectual property rights. The posting or upload of any content, information or materials to the Site does not in any way whatsoever constitute a waiver by the NPAO of its rights to such content, information, documents and materials. You further agree that any materials obtained from or downloaded from the Site shall be used for non-commercial or educational purposes and you further agree to credit or associate the NPAO, where the NPAO is the original creator of the content, or the original owner as the original source.
- EVENT POSTINGS DISCLAIMER
The use of and/or reliance on the NPAO Events Page shall hold harmless the NPAO and its employees, from any claim related to such use. Persons requesting posting on, using, or attending events posted on the NPAO Events Page shall hold harmless the NPAO Events Page and its employees from any claim that the content is not applicable.
- JOB POSTINGS DISCLAIMER
Jobs listed under the NPAO job board are third-party information and responsibility. NPAO does not validate any job postings and is not liable for the content or outcome of interactions between members and job posters.
- SOCIAL MEDIA
The NPAO uses social media as a platform to further the NPAO’s organizational mission and goals. From time to time, the NPAO reviews postings on our social media sites and reserves the sole right to delete any such social media postings or comments that the NPAO at its sole discretion deems offensive or not in alignment with our organizational mission or goals. You agree and understand that any comments, pictures, audio or video posted by members of the public or members of NPAO to any of the NPAO social media sites does not reflect the opinions of the NPAO or our affiliates in any way whatsoever.
- FORMS, AGREEMENTS & DOCUMENTS
The NPAO provides, from time to time through the Site, forms, research documents, journal articles, clinical practice guidelines and other educational resource materials (collectively, “Resource Materials”). These Resource Materials are provided to You on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to distribute, assign, re-license, sublicense or transfer such license to any other affiliate.
All Resource Materials are provided without any representations or warranties, express or implied, as to their accuracy, currentness, suitability, legal effect, completeness and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, AND THE NPAO AND ANY PROVIDER OF RESOURCE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Resource Materials are not meant for all and may be inappropriate for your particular purpose. You agree to consult with a legal professional to determine the appropriate legal or business documents necessary for your particular use purpose, as the Resource Materials are provided as is and are not applicable to all nurse practitioners at all times.
- PROHIBITIONS AND RESTRICTIONS ON USE
You acknowledge and agree that your access and use of the Site and any content, materials or documents are subject to restrictions and prohibitions (“Content and Materials”). Unless in compliance with sections 29. 29.1 or 29.2 of the Copyright Act R.S.C., 1985, c. C-42, you shall not:
- use any Content and Materials retrieved from our Site in a manner that infringes any copyright, property right, intellectual property right, or proprietary right or NPAO, the original owner or any third parties;
- reproduce, republish, copy, print, display, distribute, transmit, lease, sell, rent, loan or otherwise make available in any form or by any means, all or any portion of the Site or any Content and Materials retrieved from the Site;
- use the Site or any Content and Materials accessed or retrieved from the Site to develop, any information, storage or database or a similar resource, in any media form currently in existence or to be developed hereafter, that is offered for commercial or monetary consideration of any kind, including through a rental, sale, licensure, lease, subscription, or any other commercial distribution means or channels;
- create any derivative or compilation works of any Content and Materials retrieved from the Site;
- remove, reverse engineer, decompile or disassemble any Site software or use any network monitoring or discovery software to determine the Site architecture;
- use the Site for the purpose of gathering information for or transmitting:
- unsolicited commercial email;
- email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
- unsolicited telephone calls or facsimile transmissions;
- use any manual or automatic process or software to collect any information from the Site or use any technology or monitoring device to determine the Site’s architecture or technical blueprint; or
- use the Site or any Content and Material retrieved from the Site in a manner that contravenes any provincial, or federal or international law.
- LINKING TO THE OTHER WEBSITE
The Site contains links to other third-party websites. The NPAO is not responsible for the content, materials, documents nor their accuracy or the opinions expressed in such other third-party websites. You acknowledge and agree that the NPAO does not investigate, monitor or check the accuracy or completeness of such other third-party websites. The placement of any link to a third-party website on our Site does not imply approval or endorsement of the linked third-party website by the NPAO. If you decide to leave our Site and access these third-party sites, you acknowledge and agree that you do so at your own risk.
You agree that the terms and conditions, policies (including privacy policies) and representations of the third-party website shall apply to you while on any such third-party website. We are not responsible for information provided by you to any such third-party website. We and the third-party website are independent entities without authority to make any warrants, commitments or representations on the other’s behalf.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR PURCHASE FROM ANY THIRD-PARTY WEBSITE ACCESS THROUGH A LINK ON THE SITE IS AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE NPAO, WHETHER EXPRESSED, IMPLIED OR OTHERWISE INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, WARRANTIES OF TITLE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS NPAO LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITE LINKED TO OUR SITE.
- WARRANTY AND REPRESENTATION
THE CONTENT, INFORMATION, MATERIALS AND DOCUMENTS OBTAINED FROM OR THROUGH THE SITE IS PROVIDED “AS-IS”. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE CONTENT, INFORMATION, MATERIALS AND DOCUMENTS OBTAINED FROM OUR SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NPAO NOR NPAO ITS AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS, SUCCESSORS, AND ASSIGNS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE.
THE NPAO ITS AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS, SUCCESSORS, AND ASSIGNS WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), ON BREACH OF CONTRACT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE CONTENT, INFORMATION, MATERIALS AND DOCUMENTS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- NON-TRANSFERABLE USE
You acknowledge and agree that your right to use the Site is not transferable or assignable. Any access, login credential or right given to you to obtain or access information or documents on the Site is not transferable or assignable.
You agree to indemnify, defend and hold The NPAO its affiliates, service providers, officers, directors, employees, contractors, agents, licensors, suppliers, advertisers, successors, and assigns harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Any cause of action or legal claim that arises out of or relates to this Agreement or your use of the Site, excluding any legal action taken by the NPAO or on its behalf to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. Any such action or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, whether or not such claims or actions are related. The arbitration shall be conducted in Toronto Ontario, Canada. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario Canada where necessary to protect their rights or interests pending the completion of arbitration. The cost of arbitration shall be born equally between both parties.
- LEGAL COMPLIANCE
You agree to comply with all applicable laws including provincial, federal and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
- USE OF INFORMATION
All posts, remarks, ideas, uploads, graphics, suggestions, ideas, or other information communicated to the NPAO through this Site (collectively, the “Submission”) will remain the property of the NPAO in perpetuity. The NPAO will not treat any such Submissions as confidential or any such manner and shall not be liable for the use of any ideas in such manner, without limitation to marketing. The NPAO shall not incur any liability for similarities in its future materials, including brochures, product offerings, or processes of the NPAO.
Without limitation, You agree that the NPAO has exclusive ownership of all present and future existing rights to the Submission made to the Site. The NPAO shall have full rights and authority to the use of the Submissions made to the Site for any commercial purpose whatsoever, without compensation to you, any of your affiliates or any related party involved in uploading the Submission to our Site. You further acknowledge and agree that you are responsible to ensure you have full rights and authority to any materials that are submitted to the Site and the NPAO shall not have any knowledge responsibility for the Submission, including the original intellectual property holder.
- LIMITATION OF LIABILITY
The NPAO its affiliates, service providers, officers, directors, employees, contractors, agents, licensors, suppliers, advertisers, successors, and assigns shall not be liable for any injury, loss, liability, claim, or damage of any kind resulting in any way from:
- your use of the Site;
- any errors in or omissions made on the Site including any service offering or products obtained from the Site;
- any delay, failure, disruption or unavailability of the Site or any of its features thereof;
- any content or material contained or obtained from the Site.
THE AGGREGATE LIABILITY OF THE NPAO AND ITS AFFILIATES IN RELATION TO ANY CLAIM ARISING OUT OF OR IN CONNECTION TO THE SITE AND/OR THE SERVICE, INFORMATION, PRODUCTS, MATERIALS AND DOCUMENTS PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $50 AND THIS AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE NPAO AND ANY OF ITS AFFILIATES.
- GOVERNING LAW
This Agreement between the NPAO and you shall be governed by, and interpreted in accordance with, the laws of the province of Ontario.
You agree and consent to the exclusive jurisdiction of the courts of the province of Ontario in any proceeding in relation to any dispute that arises from your use of this Site or any conflict or disagreement related to this agreement.