IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.
Last revised: April 1, 2014
Access to This Website
To utilize some of the resources this Website has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information that you provide to this Website will be correct, current, and complete. If RSIC believes that the information you provide is not correct, current, or complete, RSIC has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time. However, RSIC has no obligation to verify the accuracy, currency, completeness or usefulness of any information that you have provided. Certain sections of this Website may only be accessible with the use of a username and password that may be provided to you by RSIC upon your completion of RSIC’s user registration form. Upon submission of the user registration form to RSIC, RSIC may provide you, at its sole discretion, which may be unreasonably withheld, with a username and password via electronic mail to the address submitted by you to access the secure sections of this Website. RSIC reserves the right to cancel your username and password at its sole discretion, without notice to you, at any time.
The Website (and any other World Wide Website owned, operated, licensed by RSIC accessible from this Website) and any and all content contained thereon, including, without limitation, any text, graphics, photos, software, logos, icons, information, material, qualifications, recommendations, reports, data, databases, design, images, drawings, interfaces, web pages, files, RSIC names, trade-marks, trade names, code, services, Educational Content (as hereinafter defined), and other materials, including the manner in which any such content is presented, organized or appears, including any tools, tips, or services offered through, contained in, appearing or advertised on this Website (the “Content”) furnished by RSIC or its licensor, is protected under Canadian copyright, moral rights, trade-mark laws, and other intellectual property rights and other laws of Canada and other nations
All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of RSIC and its licensors. All such rights are expressly reserved. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of RSIC. Notwithstanding the previous sentence: (i) RSIC hereby grants you limited permission to copy, download, reproduce and distribute certain text and graphics accessible on the Website which are specifically identified by RSIC as freely downloadable or as educational material for your non-commercial use only (“Educational Content”); and (ii) permission is granted to you to download and make one printed copy of the Content, excluding Educational Content, for your own private, non-commercial use only, on condition any of the foregoing are completed without alterations of the Content, and so long as the following copyright notice is included: “Copyright 2009-2014 The Radiation Safety Institute of Canada. All rights reserved.” You do not acquire any ownership rights by downloading Content from the Website. If You violate any of these Terms, your permission to use the Content automatically terminates and You must immediately destroy any copies You have made of the Content.
Trade-marks, service marks, and logos appearing in this Website are the property of RSIC or the party that provided the trade-marks, service marks, and logos to RSIC. RSIC and any party that provided trade-marks, service marks, and logos to RSIC retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Website. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Website.
Conduct and the Use of the Website and Submissions
RSIC expects that you will access and use the Website in a professional, responsible and business-like manner in accordance with applicable laws. As a visitor to the Website, you may have the opportunity to post comments, submit questions or other information or otherwise engage in dialogue with representatives of RSIC through the sending of email to the Website. RSIC welcomes your content, remarks, suggestions, ideas, graphics, and other information communicated to RSIC by you through this Website (collectively, a “Submission” is through ) so long as such Submissions are in accordance with RSIC’s content policy, as discussed below and are not obscene, illegal, threatening, defamatory, invasive of privacy, infringing of third party intellectual property or privacy rights, or otherwise injurious to third parties, and do not consist of or contain software viruses, commercial solicitation, chain letters, political campaigning, or any form of spam. You are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading RSIC as to your identity when you are on the Website or otherwise communicating with RSIC.
You hereby grant to RSIC a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to RSIC by you through this Website (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. You represent and warrant that you own or otherwise control all of the rights to the Submission that you post; that the Submission is accurate; that the use of the Submission that you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will defend, indemnify and hold harmless RSIC and its Related Parties for all claims resulting from any Submission that you provide to RSIC. In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. RSIC will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future RSIC operations.
You further agree that you shall use this Website for lawful purposes only and represent and warrant that you will not use the Website to:
· download, post, e-mail or otherwise transmit any Submission that promotes partisan political activities or that is unlawful, harmful, threatening, abusive, harassing, tortious, homophobic, sexist, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Submission which encourages conduct that would constitute a criminal offence, violate the rights of others or otherwise violates any applicable local, provincial, national or international law;
· harm minors in any way;
· download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
· use the Website or any Content or Submissions downloaded through the Website to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
· upload, post, e-mail or otherwise transmit any Submission to the Website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Website’s infrastructure or limits the functionality of any RSIC or third party computer hardware, software, networks, or hardware or telecommunications equipment;
· interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
· direct bots, spiders, crawlers or any other automated process at RSIC’s computer systems or otherwise, create unreasonable load upon any of RSIC’s computer hardware, network, storage, input/output or electronic control devices;
· use the Website for any public or commercial purposes, without the express prior written permission of RSIC;
· intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Website;
· modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or
· collect or store personal data about other users of the Website.
Any breach of the above representations, covenants and warranties will result in immediate termination of your use of the Website, and, if appropriate, referral to relevant law enforcement authorities.
Informational Purposes Only
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, as general guidance, and its purpose is limited solely to summarizing and condensing information into a digestible format, and its provision does not create a business, legal or any other professional service relationship. RSIC AND ITS RELATED PARTIES ARE NOT GIVING, AND NONE OF THE CONTENT, INFORMATION, LINKED SITES OR WEBSITE CONSTITUTES, LEGAL ADVICE OR OPINION RESPECTING THE LAWS OF ONTARIO, CANADA, OR ANY OTHER JURISDICTION, OR PROVIDING ANY PROFESSIONAL LEGAL SERVICES.
As of the date of posting, the Content is believed to be reliable. However, laws, rules, regulations and guidelines vary by jurisdiction and change from time to time. Further, the application and impact of such laws, and compliance with them, can vary widely depending on the specific facts involved. As a result, THE CONTENT ON THIS WEBSITE IS NOT, AND SHOULD NOT BE INTERPRETED AS, A RECOMMENDATION FOR ANY SPECIFIC COURSE OF ACTION. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by RSIC. Employers, employees and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. THE CONTENT IS NOT INTENDED TO BE RELIED ON, AND SHOULD NOT BE USED AS A SUBSTITUTE OF ANY KIND FOR LEGAL, BUSINESS OR OTHER PROFESSIONAL ADVICE. Before making any decisions, IT IS STRONGLY RECOMMENDED THAT YOU OBTAIN PROFESSIONAL ADVICE FROM QUALIFIED PROFESSIONAL ADVISORS, INCLUDING FROM A QUALIFIED LEGAL, AND A QUALIFIED SCIENTIFIC, PROFESSIONAL ADVISOR. ANY RELIANCE ON THE CONTENT IS SOLELY AT YOUR OWN RISK.
Because of the possibility of human and mechanical error, as well as other factors, RSIC and its Related Parties are not responsible for any errors or omissions, including, but not limited to, any typographical, substantive, technical or other errors or inaccuracies in the Content or on the Website. Changes are periodically added to the Content, and the Content may be changed at any time, without notice to You. However, RSIC assumes no obligation to update the Content or to advise You on any further developments concerning any matter relating to the Content. YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY OF, AND THE USE OF, THE CONTENT.
Disclaimer of Warranties
You understand that RSIC cannot guarantee any protection, whatsoever, against viruses or other harmful components. You understand that RSIC cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. RSIC does not assume any responsibility or risk for your use of the Internet.
You, and not RSIC, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Website or its Content. Any Content downloaded or otherwise obtained through your use of the Website is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material. RSIC does not represent or warrant that the Content, the Website, its servers or email sent from the Website are free from viruses or other harmful components.
In no event shall RSIC or its Related Parties be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential, punitive, exemplary, aggravated, or other damages (including, without limitation, any lost profits or savings, loss of income, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, personal injury, loss of or damage to property, claims of third parties, loss of goodwill, use, data), or other intangible losses or other economic or pecuniary loss, whether the action is in contract, tort, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, or any other damages of any kind and howsoever caused, arising from, out of, in connection with, or related to: (i) your access to or use or inability to use the Website, the Content or any Linked Sites; (ii) your reliance on the Content or information available on the Website (including for any decision made or action taken as a result of such reliance), or for any errors or any changes made to any Content; (iii) any third party claims that the use by you of the Content violates any intellectual property right or privacy right; (iv) any failure of performance of the Website or the Content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; or (v) any other matters relating to this Website, any Submissions or the Content, or for any events beyond the reasonable control of RSIC, whether or not any such damages might be foreseeable, and whether or not RSIC or any of its Related Parties had been advised of or is otherwise aware of the possibility of such damages or claim or had any knowledge, actual or constructive, that you might incur such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. Your use of this Website is at your own risk. Everything on the Website, including the Content, is provided “as is” and “as available” without representations, warranties, guarantees or conditions of any kind, either express or implied, statutory or otherwise (including, without limitation, the accuracy or appropriateness of the information, source of information, materials, data, opinions, advice, or statements contained on the Linked Sites), including, but not limited to: that the Website, its Contents or any other information accessible on or via this Website or any of the Linked Sites is or will be timely, error-free or is accurate, complete or current at any time; is of any particular quality; or that there will be continuous or uninterrupted access to the Website. RSIC expressly disclaims all representations, warranties, guarantees, and conditions, including, but not limited to, regarding, relating to or in any way connected to the Content, Website or any of the Linked Sites, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, warranties for information or services provided through or in connection with the Website, or warranties as to uninterrupted service or error-free operation, or the availability, accuracy, completeness, currentness, reliability, timeliness, legality, validity, truthfulness, suitability, security, quality, or non-infringement of third party rights, or those arising out a course of dealing or usage of trade for the Website to the fullest extent permissible under applicable law. Certain jurisdictions do not allow limitations on implied warranties or conditions 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 may have additional rights.
You acknowledge that You will be fully liable for all damages resulting directly or indirectly from your use of this Website or reliance on any of the Content, and resulting from any application of the information provided within this Website, even if RSIC or its Related Parties has been advised of the possibility of such damages. If, notwithstanding the foregoing, RSIC should be found liable for any loss or damages which arise out of or are in any way connected with any of the above described functions or uses of this Website or its Content, the maximum liability of RSIC will in no event exceed, in the aggregate, CDN$100.
You agree at all times to indemnify, defend and hold harmless RSIC and its Related Partiesfrom and against any claims, losses, judgments, actions, proceedings, damages, demands, costs, liabilities, and expenses whatsoever (including without limitation, reasonable legal and other fees and disbursements) and howsoever made, sustained, brought or prosecuted,sustained, incurred or paid by any of the foregoing parties directly or indirectly in respect of or due to or resulting from: your use, misuse, or reliance on the Website, the Content, or Submissions; your failure to obtain professional legal, business, engineering or advice; any and all negligent or reckless acts or omissions by You (or any of your directors, officers, employees, representatives or agents); any breach by You of any intellectual property, moral or property rights related to the Website or Content; or from your violation of this Agreement in any way. This provision shall survive the termination of your right to use this Website.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, RSIC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. RSIC reserves the right to investigate suspected violations of this Agreement.
RSIC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing RSIC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. By accepting this Agreement you waive, and hold RSIC harmless from, any claims resulting from any action taken by RSIC during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either RSIC or law enforcement authorities.
A cookie is a small text file containing a unique identification number that is transferred from the Website to the hard drive of your computer, and they will not be deleted when you end your secure session (“Cookie”). A Cookie allows the Website to identify separate visitors to the Website and track users’ activities on the Website.
RSIC, this Website and the Content are physically located in the Province of Ontario, Canada. This Agreement and any action related thereto or related to the Website and the Content shall be governed, controlled, interpreted and defined in all respects by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein, and shall be treated in all respects as an Ontario contract, which was entered into and to be performed entirely within Ontario between Ontario residents, without reference to the principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act, as amended, replaced or re-enacted from time to time are excluded from this agreement. You agree that, in the event of a dispute or in any action at law or in equity arising out of or relating to this Agreement, the Website and the Content, any such action will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.
You agree to waive any right You may have to a trial by jury and to commence or participate in any class action against RSIC or its Related Parties related to this Website, the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against RSIC or its Related Parties.
We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
You acknowledge and agree that this Agreement shall remain in effect for so long as you use this Website. You agree that this agreement can only be terminated by you once you have stopped using the Website. RSIC reserves the right to terminate your use of the Website at any time, for any reason, with or without cause, in its sole and unfettered discretion, including if RSIC believes that you are violating this Agreement in any way. RSIC also has the right, in its sole and unfettered discretion, to remove any Submissions from the Website. RSIC shall not be responsible for maintaining or returning Submissions. You should always maintain a copy of your Submissions. You acknowledge that any termination of this agreement will not discharge you of any of your obligations to pay for any outstanding fees, charges or penalties owed to RSIC at the time of termination. Any such termination by RSIC shall be in addition to and without prejudice to such rights and remedies as may be available to RSIC, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
This Agreement, as it may be amended from time to time, and any other legal notices, policies, disclaimers and guidelines of RSIC linked to this Agreement or on this Website, constitute the entire agreement between you and RSIC relating to your use of this Website and the Content and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except in writing signed by both you and RSIC or by RSIC making such amendments or modifications available on this Website.
No Agency; Third Party Beneficiary
RSIC is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of RSIC, you, and relying third party providers.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of RSIC. RSIC may assign its rights, duties and obligations hereunder without prior written notice to you. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Any provision of this Agreement which is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
RSIC will not be considered to have waived any of its rights or remedies, including any such rights or remedies described in this Agreement, unless the waiver is in writing and signed by RSIC. No delay or omission by RSIC in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. RSIC’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of RSIC’s right to subsequently enforce such provision or any other provisions of this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
The division of this Agreement into sections and the insertion of headings in this Agreement are for convenience of reference only and have no legal or contractual effect and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
When you visit the Website or send e-mail to us, you are communicating with RSIC electronically. You consent to receive communications from RSIC electronically. RSIC will communicate with you by e-mail or by posting notices on the Website. You hereby consent to the exchange of information and documents between Us electronically over the Internet and that this electronic Agreement shall be the equivalent of a written paper agreement. You agree that all agreements, notices, disclosures, and other communications that RSIC provides electronically satisfy any legal requirement that such communications be in writing.
You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having had an opportunity to print a copy of this Agreement.
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