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ACCEPTANCE OF TERMS
The Lunenfeld-Tanenbaum Research Institute ("the Lunenfeld-Tanenbaum") provides the Web Services to you, subject to the following Web Services Policy ("WSP"), which may be updated by us from time to time without notice to you. Please note that other Lunenfeld-Tanenbaum services, outside of Lunenfeld-Tanenbaum Web Sites, may be governed by a different set of Policies.
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DESCRIPTION OF SERVICE
The Lunenfeld-Tanenbaum Web Services currently provides users with access to a rich collection of on-line resources, including personal Web page hosting services ("Web Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new Lunenfeld-Tanenbaum Web Services resources, shall be subject to the WSP. In order to use the Web Services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
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YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Web , you agree to:
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provide true, accurate, current and complete information about yourself as prompted by the Web Services' registration form (such information being the "Registration Data") and
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maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Lunenfeld-Tanenbaum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Lunenfeld-Tanenbaum has the right to suspend or terminate your account and refuse any and all current or future use of the Web Services (or any portion thereof).
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MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, images, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Lunenfeld-Tanenbaum, are entirely responsible for all Content that you upload, post or otherwise transmit via the Web Services. The Lunenfeld-Tanenbaum does not control the Content posted via the Web Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Web Services, you may be exposed to Content that is offensive, indecent or objectionable.
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You agree to not use the Web Services to:
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upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, an Official of the Lunenfeld-Tanenbaum, host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
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upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
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upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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upload, post or otherwise transmit 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;
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disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
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interfere with or disrupt the Web Services or servers or networks connected to the Web Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Services;
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intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
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"stalk" or otherwise harass another;
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promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
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use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Lunenfeld-Tanenbaum Web Services;
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engage in commercial activities. This includes, but is not limited to, the following activities:
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offering for sale any products or services;
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soliciting for advertisers or sponsors;
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conducting raffles or contests that require any type of entry fee;
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displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and
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displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
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SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada.
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INDEMNITY
You agree to indemnify and hold Mount Sinai Hospital, the Lunenfeld-Tanenbaum Research Institute, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Web Services, your connection to the Web Services, your violation of the WSP, or your violation of any rights of another.
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NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Services, use of the Web Services, or access to the Web Services.
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GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Lunenfeld-Tanenbaum may establish general practices and limits concerning use of the Web Services.
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MODIFICATIONS TO SERVICE
The Lunenfeld-Tanenbaum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Services (or any part thereof) with or without notice. You agree that the Lunenfeld-Tanenbaum shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
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TERMINATION
You agree that the Lunenfeld-Tanenbaum, in its sole discretion, may terminate your password, the Lunenfeld-Tanenbaum Web Services Site, use of the Web Services or use of any other Lunenfeld-Tanenbaum service, and remove and discard any Content within the Web Services, for any reason, including, without limitation, if the Lunenfeld-Tanenbaum believes that you have violated or acted inconsistently with the letter or spirit of the WSP. The Lunenfeld-Tanenbaum may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the Web Services under any provision of this WSP may be effected without prior notice, and acknowledge and agree that the Lunenfeld-Tanenbaum may immediately deactivate or delete your Lunenfeld-Tanenbaum Web Services Site and all related information and files in your Lunenfeld-Tanenbaum Web Services Site and/or bar any further access to such files or the service. Further, you agree that the Lunenfeld-Tanenbaum shall not be liable to you or any third-party for any termination of your access to the Web Services.
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LINKS
The Web Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Lunenfeld has no control over such sites and resources, you acknowledge and agree that the Lunenfeld is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Lunenfeld shall 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 site or resource.
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THE LUNENFELD PROPRIETARY RIGHTS
You acknowledge and agree that the Web Services and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Web Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by the Lunenfeld or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE LUNENFELD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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THE LUNENFELD MAKES NO WARRANTY THAT
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THE SERVICE WILL MEET YOUR REQUIREMENTS,
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THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
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THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
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THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
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ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LUNENFELD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE WSP.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LUNENFELD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LUNENFELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
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THE USE OR THE INABILITY TO USE THE SERVICE;
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THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
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UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
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STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
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ANY OTHER MATTER RELATING TO THE SERVICE.
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SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Web Services concerning companies, stock quotes, investments or securities, please read the above Sections "DISCLAIMER OF WARRANTIES" and "LIMITATION OF LIABILITY" again.
The Web Services is provided for informational purposes only, and no Content included in the Web Services is intended for trading or investing purposes. The Lunenfeld shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Web Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
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COPYRIGHTS
The Lunenfeld respects the intellectual property rights of others and we ask our users to do the same. Please see our Web Copyright Policy.
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GENERAL INFORMATION
The WSP governs your use of the Web Services, superseding any prior agreements between you and the Lunenfeld (including, but not limited to, any prior versions of the WSP). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Lunenfeld services, third-party content or third-party software. The WSP and the relationship between you and the Lunenfeld shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. The failure of the Lunenfeld to exercise or enforce any right or provision of the WSP shall not constitute a waiver of such right or provision. If any provision of the WSP 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 WSP remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Services or the WSP must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the WSP are for convenience only and have no legal or contractual effect.
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