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Terms of use
Last Updated: September 19, 2022
Plum Tree Memory Care (“we”, “us” or “our”) provides patients and their families with high quality, compassionate dementia care education, training, and services. The information contained in this Website (as defined below) is of a general nature and is provided for informational purposes. It is not intended to be, nor is it implied to be, medical advice and it should not be relied upon as a substitute for professional medical advice. It is important to consult a health care professional for medical advice to help you make informed decisions about your health and medical care.
These Terms of Use (the “Terms” or “Terms of Use”) together with our Privacy Policy govern your relationship with the website located at http://www.plumtreememory.ca, including, if applicable the mobile version (collectively the “Website”). These Terms apply whenever you visit or use the Website, regardless of how accessed.
By using or accessing the Website, you signify your agreement to be legally bound by our Privacy Policy and our Terms of Use (collectively, the “Agreement”). If you do not agree to the Privacy Policy or these Terms, you should not access or otherwise use the Website. The Terms of Use and Privacy Policy apply to all visitors, registered users and others who access or use the Website.
We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. We may update these Terms from time to time so we encourage you to periodically review the Website for the latest version. If you object to any changes we make, you should stop using the Website, otherwise, you consent to these changes by continuing to use the Website.
Contents:
01. Basic Terms
02. License, Use Of The Website
03. Account Sign-up
04. Ownership
05. Other Websites, Apps and Services
06. Disclaimer
07. Indemnification
08. Limitations of Liability
09. General Terms
01.
Basic Terms
Use of the Website
By accessing and using the Website, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are the age of majority in the jurisdiction in which you live; (d) you have the legal right and capacity to enter in to this Agreement in your jurisdiction; (e) you will not impersonate or misrepresent your identity or affiliation with another person or entity; and (f) your use of the Website does not violate any applicable law, rule or regulation. Please see additional requirements in Section 3 to open an Account (as defined below).
You will need compatible hardware, software and Internet access. You are responsible for paying any fees to connect to the Internet and app stores or for data or mobile usage to download and use the Website.
Termination
We may terminate or suspend your Account or access to our Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Agreement. You may stop using your Account or the Website at any time. Upon termination, you continue to be bound by any and all sections that by their nature are meant to survive termination.
02.
License, Use Of The Website
Subject to your continued compliance with the terms and conditions of these Terms, Plum Tree Memory Care provides you with a revocable, limited, non-exclusive, royalty-free, non-sub-licensable and non-transferable license to use the Website for your personal, non-commercial use. This license is revocable at any time without notice and without cause, at our discretion.
If you have an Account (as defined below), you may download, print and store selected one copy of Plum Tree Memory Care Content (as defined below) provided that you: (a) only use these copies of Plum Tree Memory Care Content for your own personal, non-commercial use; (b) do not copy or in any way reproduce or post Plum Tree Memory Care Content on any network computer, or communicate, or broadcast or redistribute Plum Tree Memory Care Content in any media or through any other channel; (c) do not modify or alter Plum Tree Memory Care Content in any way; and (d) do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in or accompanying Plum Tree Memory Care Content.
This license does not permit and does not include permission for: (i) modifying, translating, disassembling, reproducing, copying, communicating, distributing, transmitting or displaying the Website content in any way, form or through any medium; (ii) republishing or re-broadcasting the Website or its contents; (iii) reselling or using any portion of this Website or its contents (including any type of product information), including for commercial purposes, without the explicit written permission or authorization of Plum Tree Memory Care.
You may not:
use the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately terminate your right to use and access the Website and may subject you to legal liability.
use spiders, crawlers, robots, data mining or data collection techniques or other automated devices or programs to catalog, download, extract or otherwise reproduce, store or distribute content available on the Website.
use any automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You will not otherwise attempt to derive the source code for the Website or any related technology or any part thereof.
take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms.
frame portions of the Website within another website.
Redistribute, lend, sell or resell use of, or access to, the Website or the materials contained therein, to any third party without our prior written consent
You agree to comply with all applicable laws and regulations, including without limitation, privacy laws, intellectual property laws and anti-spam laws.
03.
Account Sign-up
You must register an account to access Plum Tree Memory Care Content (as defined below) that is available on the Website. To create an “Account,” you will be asked to provide your full name, email address and other information.
If you create an Account, you are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. Your Account information is for your sole use and you may not share your Account information or log-in credentials with any third party. You should not send confidential or sensitive information via the Internet or e-mail, including via the Website.
04.
Ownership
The Website and all contents, including but not limited to instructions, tools, calculators, opinions, articles, materials, text, images, scripts, graphics or code are the property of Plum Tree Memory Care (the “Plum Tree Memory Care Content”) and are protected by copyright, trademarks, database and other intellectual property rights. Some materials on the Website belong to third parties, such as third party licensors, who have authorized us to display the materials.
These Terms do not grant you a license to use any trademark of Plum Tree Memory Care. You will not circumvent any technological protection measures that are used on the Website to restrict access to and/or use of the Website, in whole or part and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Plum Tree Memory Care Content.
All rights not granted under these Terms are reserved by us.
05.
Other Websites, Apps and Services
As a convenience to you, we may provide links to third party web sites, apps or services from within the Website. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at third party sites and publications. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites. When you link away from our Website, you do so at your own risk. We encourage you to read the policies and terms of every web site, app or service you visit.
06.
Disclaimer
Although we intend for the Website to be available as much as possible, there will be occasions when the Website is interrupted, including, without limitation, for scheduled maintenance or upgrades, emergency repairs or due to failure of telecommunication links and/or equipment.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR DOWNLOADING, ACCESS TO, RELIANCE ON AND/OR USE OF THE WEBSITE, PLUM TREE MEMORY CARE CONTENT OR ANYTHING OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL PLUM TREE MEMORY CARE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PLUM TREE MEMORY CARE NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, SERVICE PROVIDERS OR AGENTS (COLLECTIVELY, THE “PLUM TREE MEMORY CARE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) PLUM TREE MEMORY CARE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PLUM TREE MEMORY CARE OR VIA THE WEBSITE. IN ADDITION, THE PLUM TREE MEMORY CARE PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE GIVEN BY PLUM TREE MEMORY CARE PARTIES OR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
THE PLUM TREE MEMORY CARE PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PLUM TREE MEMORY CARE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY PLUM TREE MEMORY CARE CONTENT) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND ALL PLUM TREE MEMORY CARE CONTENT IS AT YOUR SOLE LIABILITY AND RISK. THE PLUM TREE MEMORY CARE PARTIES DO NOT WARRANT THAT YOUR USE OF THE PLUM TREE MEMORY CARE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PLUM TREE MEMORY CARE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
YOUR USE OF THE WEBSITE, THE PLUM TREE MEMORY CARE CONTENT, AND ANYTHING OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION, LIABILITY AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE’S OPERATING SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
THE PLUM TREE MEMORY CARE PARTIES DO NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH THE WEBSITE (INCLUDING THE PLUM TREE MEMORY CARE CONTENT) AND THE RELIANCE, DETRIMENTAL OR OTHERWISE, UPON SAME. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY OBLIGATION, CLAIM, COST, FINE, PENALTY, CHARGE, CONTRIBUTION OR FEE OF ANY KIND, DAMAGE, LOSS OR INJURY TO YOU OR ANY THIRD PARTY RESULTING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR USE OF THE WEBSITE OR THE PLUM TREE MEMORY CARE CONTENT, INCLUDING ANY CONCLUSIONS YOU DRAW FROM IT OR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON IT.
07.
Indemnification
You agree to defend, indemnify and hold the Plum Tree Memory Care Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Websites or those conducted on your behalf): (a) your access to or use of the Website, including any Plum Tree Memory Care Content; (b) your breach or alleged breach of this agreement; (c) our violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you.
You will cooperate as fully required by Plum Tree Memory Care in the defense of any claim. Plum Tree Memory Care reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Plum Tree Memory Care.
08.
Limitations of Liability
THE PLUM TREE MEMORY CARE PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE OR PLUM TREE MEMORY CARE CONTENT EVEN IF PLUM TREE MEMORY CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PLUM TREE MEMORY CARE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $10.00 (TEN) CANADIAN DOLLARS.
PLUM TREE MEMORY CARE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
09.
General Terms
Waiver. If you breach any of this Agreement and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.
Assignment. You may not assign, sub-license or otherwise transfer any of your rights under the Agreement.
Governing Law. The Agreement is governed by, and interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada without regard to their conflicts of laws provisions. Any dispute relating to these Terms and/or the Website shall be resolved in the Ontario Superior Court of Justice, sitting in Toronto Ontario, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with the Website and/or these Terms, will be resolved individually, without resort to any form of class action.
Severability. If any provision of the Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of the Agreement will remain in effect. The Agreement constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements, oral or otherwise, regarding the Website.
Survival. The provisions concerning proprietary and intellectual property rights, user obligations, Content or submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of this Terms for any reason.
Privacy Policy and Acceptable Use Policy. Use of the Website is also governed by our Privacy Policy, which is incorporated herein by reference.
Contact Us. If you have any questions about these Terms or the Agreement, please contact us at support@plumtreememory.ca
Entire Agreement. This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and Plum Tree Memory Care relating to your use of the Website and the provision of Plum Tree Memory Care Content, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of Plum Tree Memory Care to modify this Agreement in writing, or by Plum Tree Memory Care making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein.