Terms of Use

Introduction and Acceptance

Welcome to the Canadian Audiologist website located at http://www.canadianaudiologist.ca/ (the “Website”) which includes all subdomains present and future, and any content downloaded via RSS feed. We hope you enjoy your visit. By visiting and / or using the Website, you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

Canadian Audiologist is owned and operated by the Canadian Academy of Audiology (“CAA”), a duly Federally incorporated not- for-profit national organization in Canada. Where the present TOU refers to “Canadian Audiologist”, it may refer to Canadian Audiologist or CAA or both, depending on the context.

The TOU were last modified on January 14, 2014. Canadian Audiologist reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website.

If you have any questions about the TOU, please contact:

CAA Legal Services

legal@canadianaudiology.ca

or:
CAA Legal Services
PO Box 62117
777 Guelph Line
Burlington ON L7R 4K2

General Code of Conduct for Use of the Website

By visiting and / or using the Website, you agree to:

  1. Not use the Website in any manner that in any way violates these TOU;
  2. Not use the Website in any manner that violates any intellectual property rights of any third party;
  3. Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  4. Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Canadian Audiologist or a third party, or to damage or obtain unauthorized access to any system, data, password or other information of Canadian Audiologist, other Canadian Audiologist users, or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by Canadian Audiologist in its sole discretion) an unreasonable or disproportionately large load on Canadian Audiologist’s (or its third party providers’) infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures Canadian Audiologist may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
  6. Use the Website in compliance with all applicable local, state / provincial, national, and international laws.

External Links and Advertisements

From time to time Canadian Audiologist may provide links to other websites or services, including but not limited to via advertisements. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. Canadian Audiologist provides those links as a convenience to you and Canadian Audiologist takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Canadian Audiologist does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or the products or services available through those third parties.

In no way will Canadian Audiologist be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

From time to time, Canadian Audiologist may provide advertisements on the website. Canadian Audiologist disclaims all responsibility for the accuracy or quality of products or services of the advertisers, over which Canadian Audiologist may not have control. Advertisement of a product or service on the Website in no way implies an endorsement by Canadian Audiologist of the product or service advertised, and Canadian Audiologist disclaims all responsibility thereto, and denies all responsibility for damages resulting from your use of such product or service in accordance with the above paragraph and other clauses further in these TOS.

Copyright and Intellectual Property Rights

The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, logos, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Canadian Audiologist, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Canadian Audiologist. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Canadian Audiologist may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party computer code.

For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, Canadian Audiologist shall not be held liable for any damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

Termination of the Website

You agree that Canadian Audiologist, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Canadian Audiologist believes that you have acted inconsistently with the letter or spirit of the TOU.

Canadian Audiologist may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Furthermore, you agree that the Canadian Audiologist shall not be liable to you or any third party for any damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from Canadian Audiologist’s termination of the Website or any part thereof.

All provisions of these TOU which by their nature should survive termination shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimer of warranties, indemnity and limitations of liability.

Disclaimer of Warranties

You expressly understand and agree that your use of the Website, the information thereon (whether provided by Canadian Audiologist or third parties), or any activity arising from the use of the Website or the information thereon is at your sole risk. The Website, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or damages (financial or otherwise) resulting from your use of the Website, the information thereon, or any activity arising from the use of the Website or the information thereon.

The information provided through the Website written by Canadian Audiologist staff, freelance writers or other subcontractors (whether paid or voluntary) is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Canadian Audiologist shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.

Canadian Audiologist expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. Canadian Audiologist, and its directors, employees, agents, suppliers, partners and subcontractors (including but not limited to freelance writers, whether paid or voluntary) do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website will meet your requirements.

Medical Information

Canadian Audiologist includes information of a medical nature. Notwithstanding the generality of the disclaimers of the previous section, no information, services or materials on the site shall be construed as medical advice or care. You must consult a physician, medical doctor or other health care provider before using or relying on any information from the Website. Use of products or services of a medical nature advertised on the Website must be done only after consulting a medical doctor or other health care professional. Certain procedures, practices and / or products mentioned on the Website may be undergoing research and their mention on the Website or linked therefrom should not be construed as approval for use. The health care provider you consult directly must confirm the status of the procedures, practices and / or products described on the Website or linked therefrom.

Given that the Website includes information of a medical nature, the Website should only be used by individuals aged 18 and over.

Limitation Of Liability

You expressly understand and agree that Canadian Audiologist shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, the use of the Website, activities arising from your use of the Website, or the third party materials on the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Canadian Audiologist, their affiliates, business partners, freelance writers or other subcontractors (whether paid or voluntary); any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Canadian Audiologist or its agents or subcontractors (including but not limited to freelance writers, whether paid or voluntary), you agree to indemnify, defend and hold harmless Canadian Audiologist and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable (including but not limited to freelance writers, whether paid or voluntary) from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information thereon; (ii) your participation in any activities arising from the Website or the information thereon; (iii) your violation of, or failure to perform your obligations under the TOU; or (iv) your violation of any rights of a third party.

Governing Laws and Jurisdiction

Use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Canadian Audiologist shall be brought exclusively in the courts located in the Greater Toronto Area, Ontario, Canada.

Miscellaneous Provisions

  1. The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and Canadian Audiologist with respect to your use of the Website, superseding any prior agreements between you and Canadian Audiologist.
  2. Canadian Audiologist shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Canadian Audiologist’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
  3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy as the case may be, shall remain in full force and effect.
  4. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

© CAA 2014