Last updated: March 1, 2018
If you do not agree to these Terms or the Privacy Statement, then you must not access or use the Portal.
NOT MEDICAL ADVICE
No communications made through the Portal, or any information provided on or through the Portal, should be construed as medical advice. The Portal should never be used in the event of an emergency. If you are experiencing an emergency, telephone 911 immediately.
FURTHER COMMUNICATIONS AND AGREEMENTS
You agree that these Terms, and any related information, communications and agreements between you and us, may be made available or occur electronically, including through the Portal (e.g. by way of messages that appear in your online LifeCare account) or by e-mail sent to the e-mail address that you provide when registering for your use of the Portal.
These Terms were last updated on the “Last Updated” date indicated above. We reserve the right, at our sole discretion, to modify these Terms at any time and without specific notice to you. Such modifications shall become effective immediately upon their posting on the Portal. You must review these Terms on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: http://lifecareportal.com/terms-and-conditions/
USE OF THE PORTAL & LICENSE
THE PORTAL IS PROVIDED BY LIFECARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. See “Disclaimers and Liability” below.
LifeCare grants you a limited, revocable, non-exclusive, non-transferable license to access the Portal for your own personal, non-commercial, use in accordance with these Terms and in compliance with applicable law.
The license does not permit any republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use of the Portal or any part of the Portal by you without the express written consent of LifeCare.
For greater certainty, this license does not include: any resale of the Portal or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including but not limited to, images, text, page layout or form of LifeCare or its affiliates without the express written consent of LifeCare.
You may not use any meta tags or any other “hidden text” utilizing LifeCare’s name or trademarks without the express written consent of LifeCare.
Any unauthorized use of the Portal and its content immediately terminates the license granted by LifeCare to you hereunder.
To the extent that the Portal permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
- is unlawful;
- includes personal or identifying information about another person without that person’s explicit consent;
- impersonates any person or entity, including, but not limited to, a LifeCare employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- is harmful, threatening, abusive, harassing, defamatory, pornographic;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or Portals;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupts the normal use of the Portal with an excessive amount of content, or that otherwise negatively affects other users’ ability to use the Portal; or
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Portal.
You will be solely responsible and liable for any and all loss, damage, and additional costs that you, LifeCare or any other person may incur as a result of your submission of any information on or through this Portal. LifeCare reserves the right to refuse to post or to remove any content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms.
YOUR PORTAL ACCOUNT
In order to register for the Portal, you will be required to create an account and establish a username and password. You must use your account, username and password strictly in accordance with these Terms. You are solely responsible for: (i) maintaining the security of your username and password; and (ii) any activity that occurs under your account. You will promptly notify LifeCare via e-mail ([email protected] ) if you learn of or suspect any loss, theft or unauthorized use of your account, username or password. You acknowledge that you (and not us) are solely responsible for any loss resulting from any unauthorized use of your Portal account or access to your Portal account.
By registering for the Portal, you represent and warrant to LifeCare that: (a) all information provided by you to LifeCare during the registration process is truthful, accurate and complete; and (b) you will comply with these Terms. As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it accurate, current and complete. Without limiting any other provision in these Terms, you will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our Portal.
MINORS AND CHILDREN
The Portal is intended solely for users 18 years of age and older, and you must be at least 18 years old to establish an account to use the Portal. Parents and legal guardians who establish accounts in respect of a child who is under the age of 18 (a “Minor”), shall be solely responsible for: (A) monitoring and supervising the Minor’s use of the Portal; and (B) any consequences stemming from the Minor’s use of the Portal. Without limiting any other provision in these Terms, LifeCare disclaims any liability arising from or in connection with the use of the Portal by a Minor.
You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the “Material“) you submit to LifeCare is legal and does not violate any right of any third party, including privacy and intellectual property rights. You are and shall remain solely responsible for any Material you disclose, submit or offer to LifeCare. Without limiting the foregoing, to the extent that you deal with a third party’s personal information while using the Portal (e.g. by submitting or inputting such information to the Portal), you represent and warrant that you have received the appropriate consent to do so and otherwise have the authority to do so.
All content on the Portal, including but not limited to works, images, pictures, dialogues, sounds, videos, documents, drawings, figures, logos, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content“), is the property of LifeCare or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of LifeCare or its content suppliers, as the case may be.
LifeCare and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, the creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. LifeCare and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Portal and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, the creation of derivative work from, or exploitation in any way of the Content expressly authorized in writing by LifeCare or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws. Nothing in the Portal is to be interpreted as conferring a right to use the Content or the material protected by the Copyright Act (Canada) or equivalent foreign laws.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Portal. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Portal.
LifeCare Portal is a registered trademark LifeCare Portal Inc. All rights are reserved. These and any other trademark, service mark and trade dress of LifeCare, including, but not limited to, any mark that incorporates the word “LifeCare” or the domain name “lifecareportal.com”, may not be used by you in any manner for any purpose without the prior express written consent of LifeCare.
All other trademarks, service marks and trade dress not owned by LifeCare that appear on the Portal are the property of the respective owners (the “Third Party Owners“), who may or may not be affiliated with, connected to, sponsored by or sponsors of LifeCare.
LifeCare and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on the Portal in any manner for any purpose without the prior express written consent of LifeCare or the respective Third Party Owner, as the case may be.
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please send [email protected] a written notification of claimed infringement with all of the following information and otherwise in accordance with the Copyright Act (Canada):
a.the claimant’s name and address;
b.the work or other subject-matter to which the claimed infringement relates;
c.the claimant’s interest or right with respect to the copyright in the work or other subject-matters;
d.the location data for the electronic location to which the claimed infringement relates;
e.the infringement that is claimed; and
f.the date and time of the commision of the claimed infringement.
LifeCare investigates notices of alleged infringement and takes appropriate actions under the applicable law.
LINKS TO THIRD PARTY WEBSITES
The Portal may provide hyperlinks to third-party websites (Third Party Websites“). LifeCare does not operate or control, nor expressly or implicitly endorse or guarantee any Third Party Website, or any information or material, or the accessibility thereof, via such links. You agree that LifeCare is not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on the Portal, please carefully read the conditions of use policy and other policies of such Third Party Website. These Terms and other Portal policies do not apply to any Third Party Website.
LifeCare provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, LifeCare does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND BY LIFECARE, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS LIFECARE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
LINKS TO THE PORTAL
You must obtain LifeCare’s express written consent prior to linking any website or software to the Portal.
DISCLAIMERS AND LIMITATION OF LIABILITY
LIFECARE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE PORTAL, ITS SUITABILITY FOR USE, OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE PORTAL IS PROVIDED BY LIFECARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LIFECARE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIFECARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE PORTAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. LIFECARE DOES NOT WARRANT THAT THE PORTAL, ITS SERVERS OR E-MAIL SENT FROM THE PORTAL OR LIFECARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIFECARE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE PORTAL. YOU UNDERSTAND THAT THE OPERATION OF THE PORTAL MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LIFECARE. LIFECARE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PORTAL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL LIFECARE BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, LIFECARE’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR AGENTS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF LIFECARE.
CERTAIN PROVINCIAL, STATE AND FEDERAL LAWS, AS THE CASE MAY BE, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The content of the Portal is subject to change at any time. Any person that stores data on this Portal does so at their own risk, with the full understanding that the data may be deleted at any time, and agree that they shall have no recourse against LifeCare for such deletion. [Note to Draft: This paragraph is admittedly awkward, giving rise to the question “But if we upload all of our calendar information, and you suddenly delete it, how can this be fair?”. One rebuttal might be to permit the superuser to extract all portal data. That way, you could answer the question by encouraging users to periodically download an extract of the data.]
If, despite the foregoing disclaimers of all liability, LifeCare is found by operation of law to be liable to you in any way in connection with your use of the Portal, LifeCare’s maximum cumulative liability to you shall be limited to CDN$100.
For the purposes of this section, and the section “Indemnification” below, “LifeCare” shall include LifeCare and its affiliates and LifeCare’s and its affiliates’ respective directors, officers, shareholders, employees, agents, mandataries and contractors.
This section shall survive the termination of these Terms.
You agree to indemnify, defend and hold LifeCare (which, for greater certainty, includes those individuals and entities listed in the broader definition of LifeCare provided immediately above) harmless from any liability, loss, claim and expense, including reasonable lawyer’s fees and costs, that it, he or she, as the case may be, may incur as a result of or arising from: (a) any information submitted, posted, or transmitted on or through the Portal through your account; and/or (b) the use of the Portal under your account; including any violation of these Terms, and any violation of any rights of any other person or entity, including, without limitation, any intellectual property right, privacy right, or any other legally protected right of any individual or entity.
This section shall survive the termination of these Terms.
You acknowledge and agree that any dispute that may arise between you and LifeCare in respect to these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the Province of Ontario and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
This section shall survive the termination of these Terms.
GOVERNING LAW AND JURISDICTION
The Portal is controlled and operated by LifeCare from Toronto, Ontario, Canada. These Terms shall be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods (including through any implementing legislation) is expressly excluded.
This section shall survive the termination of these Terms.
You may not assign your rights or obligations under these Terms without the express written consent of LifeCare.
SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of these Terms shall be deemed severable. In the event that any provision of these Terms 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.
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and LifeCare relating to the subject matter hereof, the use of the Portal and any transactions conducted on or from the Portal, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by LifeCare making such amendments or modifications available to it pursuant to these Terms.
The headings of these Terms are inserted for convenience of reference only and do not affect the construction or interpretation of these Terms.
The failure of LifeCare to enforce any provision of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of LifeCare to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
The Parties have expressly required that these Terms, the terms of sale, and all documents and notices relating thereto be drafted in English. Les parties aux présentes ont expressément exigé que la présente convention et tous les documents et avis qui y sont afférents soient rédigés en anglais.
LifeCare reserves the right, at its sole discretion, to terminate your access to all or any part of the Portal, with or without notice.
If you have any questions regarding these Terms, please contact LifeCare at 1-647-479-7774 or by email at [email protected].