Obesity Canada website terms of reference for Canadian Adult Clinical Practice Guidelines web pages 2020-08-03T21:53:59-04:00

Terms and Conditions of Use

Acceptance of terms and conditions

By accessing this website or application and any other websites or applications associated with Obesity Canada (“website”), and any of their pages, you agree to be bound by the terms and conditions set out below (“Terms and Conditions”). If you do not agree with these Terms and Conditions, immediately exit from the website and do not access any other pages.

Changes may be made at any time to the Terms and Conditions, without prior notice to you. It is your responsibility to review the Terms and Conditions each time you enter the website. Your continued use of the website shall constitute your acceptance to be bound by the Terms and Conditions and any changes thereto.

References to Obesity Canada and the Canadian Obesity Network (“CON”) in these Terms and Conditions includes Obesity Canada, The Canadian Obesity Network, OC Connect, their subsidiaries and affiliates, as well as their directors, officers, employees, trustees, agents and other representatives.

All Content (as defined below) contained on the website is the property of Obesity Canada, its content suppliers or its licensors as the case may be, and is protected by Canadian and international copyright, trademark, and other applicable laws. “Content” includes any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the website.

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the website may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of Obesity Canada or of third parties that are used under licence. The display of Trademarks on the website does not imply the grant of any licence to any other party and, except with the express written consent of Obesity Canada, the use of any Trademarks is prohibited.

Obesity Canada hereby grants a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Content located on the website for personal, non-commercial and not-for-profit use only. The website is made available for lawful, personal use only and not for commercial use.

You may print pages from the website for your personal, non-commercial use only, provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. Other than as specifically described herein, the website and its Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express written consent of Obesity Canada.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

The Content on the website is intended for educational and informational purposes only. The use of the Obesity Canada sites and Content is at your own risk. The Content is not intended to provide medical advice and, to the extent that medical advice is required, users should consult with qualified medical professionals. Information in text files, interactive tools, messages or articles on this website cannot replace consultations with qualified health-care professionals to meet your individual medical needs.

The Content is obtained from a number of sources and is provided without charge on an “as is” basis without any representation, warranty or condition, whether express or implied, statutory or otherwise, as to quality, accuracy, completeness, legality, currency, reliability, efficacy or fitness for a particular purpose.

Obesity Canada and its content providers shall have no liability, whether direct, indirect, consequential, contingent, special or incidental, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, related to or arising from the Content on the website or the use thereof, whether based on breach of contract or tort, including without limitation negligence, infringement of intellectual property rights, strict liability, breach of warranty, failure of essential purpose, fundamental breach or otherwise, even if advised of the possibility thereof.

The information on guidelines.obesity.ca is intended to guide practice, inform general patterns of care, and enhance obesity management efforts in Canada to reduce the burden of obesity complications for Canadians living with this chronic disease. The information on obesitycanada.ca/guidelines is not intended to serve as a comprehensive text of obesity management, nor intended to set criteria for research protocols. The information on obesitycanada.ca/guidelines is not meant to be a substitute for professional advice and is not to be used for clinical diagnosis. All recommendations, tables, figures and calculations must be confirmed by qualified healthcare professionals before clinical use or diagnostic purposes.

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Sites by electronic mail or otherwise will be used by Obesity Canada in accordance with the Sites’ Privacy Policy. All other remarks, suggestions, ideas, graphics, or other information communicated to Obesity Canada through or by reason of these Sites will forever be the property of Obesity Canada.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of these Sites, you agree that such submission is non-confidential for all purposes, unless it is personal data. If you make any such submission, you automatically grant or warrant that the owner of such content has expressly granted Obesity Canada a royalty-free, perpetual, irrevocable, world-wide nonexclusive licence to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Obesity Canada may sublicense its rights through multiple tiers of sublicences.

The presence of advertising or a sponsor logo on the website does not constitute a recommendation or endorsement by Obesity Canada, nor is it a guarantee for the quality, value or effectiveness of any products, services or methods advertised by our sponsors. No advertising or sponsorship is intended to substitute for the advice of a qualified medical professional.

Obesity Canada maintains editorial independence and operational separation from our corporate sponsors. Obesity Canada makes decisions about the Content without interference from our corporate sponsors and none of our health information is altered or edited by our corporate sponsors.

Obesity Canada, in accordance with industry-standard practice, monitors use of the website by means of tracking software and other methods (such as “cookies”). ObesityCanada employs safeguards to secure the information contained on and collected through the website, and collects, uses and discloses personal information in accordance with its privacy policy, which is incorporated by reference and available by clicking here. This privacy policy may be amended by Obesity Canada from time to time, in its sole discretion, without notification or being liable to you or any other person, by making an amended privacy policy accessible through the website. Each time you use the website, you consent to the collection, use and disclosure of your personal information by Obesity Canada in accordance with the privacy policy as it then reads.

We encourage other reputable websites to link to obesitycanada.ca/guidelines and the in a manner that does not imply endorsement or approval of your website/product/service. Text links can use the anchor text “Obesity Canada” or the headline of the article on obesitycanada.ca or obesitycanada.ca/guidelines that you are linking to, for example “I’ve Learned About Weight Stigma. What Can I Do To Help?” The link to obesitycanada.ca and obesitycanada.ca/guidelines should open in a new browser window. obesitycanada.ca and obesitycanada.ca/guidelines must not be framed within the originating website. We also request that you link to Obesity Canada content using the obesitycanada.ca and obesitycanada.ca/guidelines URL rather than downloading portions of it to another web server, so that viewers will see the most up-to-date information.

Use of our logo is not permitted without express written consent.

Obesity Canada reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the website.

Hyperlinks to a website are allowed only if the website is sponsored, supported, or partnered by the Obesity Canada; is educational in nature; or is a Canadian government website, including those sites sponsored by provincial or local governments.

Obesity Canada will not allow any hyperlinks to any websites that advocate hate, bias, or discrimination.

While the website may contain links to third party sites (“Linked Sites”), Obesity Canada is not responsible for the content of any Linked Sites. Obesity Canada provides links to Linked Sites for informational purposes and for the convenience of its users only. Obesity Canada makes no representation or warranty regarding any Linked Sites or their content, and does not endorse any Linked Sites or any views expressed, information contained in, or products or services appearing, available or described thereon. Links to Linked Sites do not imply that Obesity Canada sponsors, endorses, is affiliated or associated with, the Linked Sites or their associated companies or products, or is legally authorized to use any content displayed in or accessed through the links to the Linked Sites. Obesity Canada does not control or guarantee the currency, accuracy, relevance, timeliness or completeness of information found on Linked Sites. Obesity Canada cannot authorize the use of copyrighted materials published on Linked Sites. Users must request such authorization from the sponsors of those Linked Sites. Obesity Canada is not responsible for transmissions users may receive from Linked Sites. Obesity Canada is not responsible for or liable in any way for commercial transactions which users transact with Linked Sites. When you access such Linked Sites, you are doing so at your own risk and are subject to the terms and conditions of use of the Linked Sites in question.

You agree to defend, indemnify and hold Obesity Canada its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these Terms and Conditions. You will assist and co-operate as fully as reasonably required by Obesity Canada in the defence of any such claim or demand.

The Terms and Conditions and all matters relating thereto are governed by the laws of the Province of Ontario and the federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between Obesity Canada and you arising from or relating to the website or the Content or the Terms and Conditions shall be resolved before the courts of the Province of Ontario sitting in the City of Toronto, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.

If you have any comments or questions about the Terms and Conditions or your use of the website or any part thereof, please contact Obesity Canada at info@obesitycanada.ca or via mail to Obesity Canada, c/o University of Alberta, 2-126 Li Ka Shing Centre for Health Research Innovation, Edmonton, AB T6G2E1 Attention: Privacy Officer.

If any provision of the Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No waiver by either party of any breach of or default of the Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. Obesity Canada’s failure to enforce any provision of the Terms and Conditions shall not be construed as a waiver of such provision.

The Terms and Conditions, including any changes made from time to time, constitute the entire agreement between you and Obesity Canada relating to your use of the website and supersede all previous Terms and Conditions, written, oral or otherwise, between you and Obesity Canada with respect to your use of the website and the Content. The Terms and Conditions do not vary, alter, modify or otherwise affect any other more specific agreements between you and Obesity Canada regarding other matters.

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