Terms and Conditions of Use of Site
(a) Your use of the St. Michael’s Hospital Foundation website (the “Site”) including donation forms, fundraising campaign and event websites, related online tools and official social media community pages managed by St. Michael’s Hospital Foundation (“Foundation”) with solutions and hosting provided by Blackbaud and HJC New Media with the consent and approval of St. Michael’s Foundation (“Foundation”) (the parties hereinafter collectively referred to as “St. Michael’s”) is conditional on your acceptance, without modification, of the terms and conditions of use set forth below (the “General Terms and Conditions”). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials (the “Materials”), or to send messages, information, data, text, software or images, or other materials to the Site (“Content”) (collectively, “Use” of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these General Terms and Conditions, you should not Use this Site.
(b) St. Michael’s has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the General Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
(c) These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with the Foundation, Hospital, Blackbaud, and/or HJC New Media.
Right to Modify or Discontinue the Site
St. Michael’s may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) removing, adding, modifying or otherwise changing any Materials or Content on this Site, including without limitation editing or refusing to post any Content, in whole or in part, that in the sole discretion of St. Michael’s is objectionable or in violation of the General Terms and Conditions. St. Michael’s reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
We are committed to following all rules and regulations regarding tax receipting as set out by the Canadian tax authority, the Canada Revenue Agency (CRA). Your donation is greatly appreciated. Please note all donations are non-refundable and non-transferable.
Online Fundraising, Campaign and Event Tools
St. Michael’s may provide online tools to help individuals conduct fundraising campaigns and/or events to benefit St. Michael’s. Unless otherwise set out in the event or campaign rules, the following terms apply to all events and campaigns.
a. By participating in any online event or campaign (including registering to attend an event), participants are deemed to recognize that participation has or may have an inherent risk of injury and shall take all necessary precautions. Each participant releases and holds harmless the St. Michael’s and the event host, its affiliated and related companies and advertising, promotional agencies and all of their respective directors, officers, shareholders, members, employees, agents, successors and assigns from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the event or campaign and all liability for any injuries, loss or damage of any kind arising from or in connection with the event or campaign or any prize won at such event or campaign.
b. If any prizes are awarded in the event or campaign, they must be accepted as awarded and may not be transferred, exchanged or refunded. We reserve the right, in our sole discretion to substitute a prize of equal or greater value.
c. We reserve the right in our sole discretion to, without advance notice, terminate or suspend any event or fundraising campaign, in whole or in part, or modify it in any way.
Ownership of Site
The Site is owned by St. Michael’s. No right, title or interest in the Site is transferred to you under these General Terms and Conditions.
Responsibility for Content Posted on the Site
You are solely responsible for the information, data, text, hyperlinks, music, sound, photographs, graphics, video, messages or other materials you post on the Site. This means that you, and not St. Michael’s, are entirely responsible for all content that you upload, post, transmit or otherwise make available to others using the Site. Under no circumstances will St. Michael’s be liable in any way for any content posted on or made available through the Site by you or any third party. St. Michael’s does not guarantee the suitability, accuracy, integrity or quality of such content.
All Content uploaded to the Site remains the property of the person or organization who owns the legal copyright to it.
Restrictions on your use of this site
You agree not to use the Site to:
Upload, post, transmit, add hyperlinks leading to, or otherwise make available:
- Any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;• Any Content that you know to be false, misleading, or fraudulent;
- Any Content that you do not have a right to make available;
- Any Content that infringes any right of publicity, patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
- Any request for or solicitation of money, goods, or services for private gain;
- Any material that 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;
- Any photograph without the permission of each person in the photograph;
- The name of any individual without that person’s knowledge and consent;
- Any Content, including any medical information, about an identifiable person without that person’s permission;
- Any Content inconsistent with the values or the spirit of the Site;
- Promote any illegal activity;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the service or servers or networks connected to the Site;
- Act in violation of any local, provincial, state, national or international law, rule or regulation;“stalk” or otherwise harass another user;
- Collect or store personal data about other users of this Site;
- Take any action that imposes an unreasonable load on the site’s infrastructure;
- Attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the Site; or Delete or alter any material posted by any other person or entity.
Links and disclaimers of linked sites
Certain links on this Site may take you to other web sites. St. Michael’s provides these links only as a convenience. These linked sites are not necessarily under the control of St. Michael’s. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, subject to the terms and conditions and privacy policies of such sites, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
St. Michael’s is not responsible for the contents of any such linked pages or any other pages not under its control. St. Michael’s makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that St. Michael’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of St. Michael’s. You agree that St. Michael’s will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site. You further acknowledge and agree that St. Michael’s will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked site or resource.
St. Michael’s welcomes links to this Site. However, you agree that by linking to this Site, you agree to the link conditions (the “Link Conditions”) described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:
(a) If you link to this Site, St. Michael’s grants you a limited, non-exclusive, non-transferable, royalty-free license to use the St. Michael’s trademarks and internet icons, if available, (the “Licensed Marks”) solely for the purpose of serving as a link from the applicable web site to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of St. Michael’s trademarks or service marks for any reason without St. Michael’s prior written permission.
(b) The linked website shall not:
- Change in any material way the nature and features of such website from that described to St. Michael’s in the written notice provided to St. Michael’s prior to the establishment of the link;
- Create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;• Imply that St. Michael’s is endorsing you or any other person, or your or such other person’s products or services;
- Imply an affiliation between you or any other person, or your or such other person’s products or services, and St. Michael’s without the prior written consent of St. Michael’s;
- Misrepresent the relationship of you or any other person with St. Michael’s or present false, misleading or otherwise damaging information or impressions about St. Michael’s or any of its products or services; and
- Contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups.
(c) For greater certainty, St. Michael’s shall have no responsibility or liability for any content appearing on the linked web site.
(d) St. Michael’s may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If St. Michael’s exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks.
(e) St. Michael’s may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.
In no event shall St. Michael’s be responsible or liable for errors, omissions or damages of any kind resulting from use of the Site or the Content and Materials.
You acknowledge that:
(a) St. Michael’s makes no representation or warranty of any kind regarding the Site, the Content, and the Materials, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Site, the Content and the Materials or about the results to be obtained using the Site, the Content, or the Materials;
(b) that you will be solely responsible for any Content you provide the Site or otherwise provide to St. Michael’s, including without limitation for its truthfulness and accuracy; and
(c) that the Site, the Content, and the Materials are provided on an “AS IS” and “AS AVAILABLE” basis; and that any use of or reliance on the Site, Content or Materials shall be at your sole risk.
In particular, please note that the information provided through this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, assessment and evaluation. This includes all Content and Materials that is made available on, or otherwise accessible through, the Site by us. The Content and Materials are not intended as an endorsement for any treatment, procedure, or service and reliance on any Content is solely at the user’s own risk. You agree that you must evaluate, and bear (and release St. Michael’s and all St. Michael’s healthcare practitioners, physicians, employees, agents, officers, directors, or employees from any claims regarding) all risks associated with the use of any Content, Materials and information on the Site (including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information) or of the Site generally, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation in the event that you have a dispute with one or more users of the Site.
TO THE FULLEST EXTENT OF THE LAW, ST. MICHAEL’S DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, ST. MICHAEL’S DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
Limitation of liability
UNDER NO CIRCUMSTANCES, WILL ST. MICHAEL’S NOR IT OR ITS RESPECTIVE HEALTHCARE PRACTITIONERS, PHYSICIANS, EMPLOYEES, OFFICERS, DIRECTORS, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE, THE MATERIALS, ANY CONTENT, OR ANY PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE SITE, OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES). THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ST. MICHAEL’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ST. MICHAEL’S, ITS OR THEIR RESPECTIVE HEALTHCARE PRACTITIONERS, EMPLOYEES, OFFICERS, DIRECTORS, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.
By using the Site, you agree to indemnify, defend and hold harmless St. Michael’s and all its healthcare practitioners, physicians, employees, officers, directors, sponsors, content providers, service providers, licensors, agents, and related parties from all damages, costs and expenses, including reasonable lawyer’s fees and costs, arising out of any of the following:
(a) Any claims for infringement of intellectual property rights, libel, defamation relating to any content or materials you send to the Site;
(b) Any activity relating to your internet account, including negligent or wrongful conduct by you or anyone using the site through your internet account;
(c) Your breach of any provision of the General Terms and Conditions; and(
d) Any other matter regarding this Site and your use of it.
You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
These General Terms and Conditions and the relationship between you and St. Michael’s will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and St. Michael’s agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario, Canada.
Our failure to act with respect to a breach by you or others of the General Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches. The General Terms and Conditions set forth the entire understanding and agreement between us and any Site user with respect to the Site, the Content, the Materials, and the Use of the Site.
Except as expressly provided in a particular “legal notice” on the Site, these terms and conditions constitute the entire agreement between you and St. Michael’s with respect to the use of the Site.
St. Michael’s does not knowingly publish (or permit users of the Site to publish) copyrighted materials without permission. If you believe that any Content or Materials published on the Site have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please provide our Copyright Agent with a signed statement containing the following information:
- A description of the infringing material
- A description of the copyrighted work(s) that you believe has been infringed;
- The name of the owner of the copyright,
- Your name, your address, telephone number and/or email address,
- A statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law,
- A statement that all of the information you have provided is true, and
- A statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
- Your statement must be addressed to email@example.com.
We reserve the right to remove Content and Material alleged to be infringing without prior notice and at our sole discretion.