Website Terms of Use and Conditions

Last Updated: November 13, 2019

The Pharmaceutical Advertising Advisory Board / Conseil Consultatif de Publicité Pharmaceutique (“PAAB”, “we”, “us”, and “our”) provides the www.paab.ca website (the “Site”) subject to the following Terms of Use and Conditions (the “Terms”). If you do not agree with the Terms, please do not access, use or view the Site. The Terms may be changed by at any time without notice. Your use of the Site constitutes your agreement to be bound by these terms.

In these Terms, “Content” means all information, materials and content on the Site, including, without limitation, all text, images, software, files, user interfaces, “look and feel”, images and functionalities, User-Generated Content, the navigational structure or presentation of the Site and any and all other copyrightable elements, trademarks, trade names and patents.

Disclaimers

The information contained in this Site is intended for informational purposes only. Although PAAB has made reasonable efforts to ensure that the materials contained on the Site are accurate, it does not warrant or guarantee: the accuracy, currency or completeness of the materials; that the Site will be available without interruption, error or omission; that defects will be corrected; or that the Site and the server(s) that make it available are free from viruses or harmful components. The Site and the materials provided on the Site are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

The Site is intended for use in Canada and PAAB makes no representation that the material on the Site is appropriate or available for use in other locations. If you choose to access this Site from a location outside Canada, you are responsible for compliance with local laws.

The materials provided on this site are for information purposes only. These materials constitute general information and do NOT constitute legal or medical advice or other professional advice and you may not rely on the contents of the Site as such. If you require legal or medical advice, you should retain a competent, licensed professional to advise you.

Confidentiality of Communications

PAAB does not guarantee the confidentiality of any communications sent by e-mail or through the Site or left in voicemail messages. Unsolicited information and material may not be treated as confidential and will not be protected by confidentiality law.

Liability

PAAB will have no liability for any damage arising from the misuse of any information provided on the Site, including User-Generated Content (as defined below). The information provided on the Site is not legal or medical advice and should not be relied upon as such. Doing so without seeking the advice of legal counsel or a licensed healthcare professional, as the case may be, constitutes a misuse of the information.

For greater certainty, in no event shall PAAB or any of its officers, directors, employees, shareholders, partners, agents or licensors be liable to you for any damages, losses or liabilities of any kind or nature whatsoever, including without limitation, any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind or nature, that are suffered in any connection with your access and use of or inability to access or use the Site and/or any Content and/or your reliance on any Content, including User-Generated Content, regardless of the form of action or theory of liability and even if PAAB has been advised of the possibility of such damages.

The PAAB website has been designed to be a resource for information on matters that might be of interest to current or potential clients. As a result, there are links throughout the Site to third party sites. These links are provided for convenience only, and do not mean that PAAB endorses or recommends the information contained in linked web sites, or guarantees its accuracy, timeliness or fitness for a particular purpose. PAAB takes no responsibility for the content or practices of third party sites.

Indemnity

You agree to indemnify, defend and hold harmless PAAB and each of its respective officers, directors, affiliates, business partners, employees, agents, licensors and all third parties mentioned on the Site and Content, including User-Generated Content, from and against any and all claims, actions, losses or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: your breach of these Terms and Conditions; your access and use of the Site and Content; your use or reliance on the Site and Content; your publication, communication, distribution or transmission otherwise of the Services or Content; or your violation of any law or regulation. You will use your best efforts to cooperate with PAAB in the defense of any claim. PAAB reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Downloads

The Site may contain materials available for download, such as software applications, codes, data, files, images or other forms of Content.

Your use of downloaded materials may be governed by terms made available to you at the time of download. Any materials downloaded or otherwise obtained by you through your use of the Site and Content is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download and/or use of such material.

You agree that downloaded materials, unless otherwise specified, are licensed to you for your personal, non-commercial use. You may not modify, redistribute, decompile, reverse engineer, disassemble the downloaded material, and you must maintain all copyright or other proprietary notices.

PAAB and its licensors, to the maximum extent permitted by law, make no warranties regarding the downloaded materials and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with your use of or reliance on the downloaded materials, including the failure of the downloaded materials to meet your needs, standard, expectations or specifications.

Copyright, Trademarks and Access

All Content is protected by copyright laws, other intellectual property rights law and international treaties. All right, title and interest (including all intellectual property rights) in and to the Site and all Content is and shall be owned solely and exclusively by PAAB and its licensors.

The copyright in this Site and all materials contained in it is owned or licensed by PAAB. The PAAB Site, as a whole, or in part, may not be reproduced without the express prior written consent of PAAB. All other brand names, product names and trademarks are the property of their respective owners.

PAAB hereby grants you a limited, personal, revocable, non-transferable and non-exclusive license to access, display and use the Content solely and exclusively for use on your own computer or device. The Site may not otherwise be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of PAAB. You must not without PAAB’s prior written consent: (i) remove any copyright, trademark or other proprietary rights notice from the Site; (ii) frame the Site, the Content or any part thereof on any commercial or non-commercial internet website; (iii) reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; (iv) systematically download and store the Site, the Content or the Services; or (v) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, mine or scrape the Site or the Content.

You are prohibited from using this Site for any illegal or illicit purposes or in a manner that infringes the rights of a third party. PAAB may, but has no obligation, to monitor the access to and use of this Site. PAAB reserves the right to take such steps as it deems necessary, including legal action, to restrain any unauthorized use of the Site or Content.

You agree not to use the Content (including submitting any User-Generated Content) in any manner that violates the following restrictions:

  • is defamatory, libellous, offensive, abusive, stalking, threatening, demeaning, obscene, promotes hatred, bigotry, racism, sexism, harassment, discrimination, is pornographic, indecent, unlawful, profane, harmful to minors, false, misleading, would constitute spam, promotes, advocates or otherwise encourages illegal activities including activities that would constitute a criminal offense or give rise to civil liability, or otherwise violate the legal rights of others;
  • infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever;
  • promote commercial activities, such as to conduct sales of goods and services of any kind, promote charitable donations, or participation in sweepstakes and contests, whether by advertising, solicitations, links or any other form of communication, without the prior written consent of PAAB;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy, circumvent, disable, replicate, damage or otherwise limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, computer viruses, code, cancelbots or corrupted files;
  • use any spider, robot, other automatic device or manual process to monitor, harvest or copy the Content of the Services without the express written consent of PAAB;
  • violate or attempt to violate the security of the Services or Content, including without limitation accessing data not intended for you, logging into a registration account you are not authorized to access, attempting to probe, scan or test the vulnerability of the Site, information technology systems or network or to breach security authorizations;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; or

PAAB reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site or its Content, or to restrict or prohibit access to it.

User-Generated Content

Users may participate in discussion forums and comments and on the “Site” (“User-Generated Content”). You are solely responsible for your User-Generated Content. User-Generated Content must follow the principles outlined in our Community Forum Guidelines. PAAB reserves the right to remove or refuse to post any User-Generated Content that we deem in our sole discretion to be unacceptable, undesirable or otherwise in violation of these Terms and Conditions.

You represent and warrant that you are the copyright owner of any User-Generated Content that you submit to PAAB and that you have the unimpaired right to convey all intellectual property rights in and to the User-Generated Content to PAAB. User-Generated Content must not be created using any pirated or unlicensed content, or other materials that include copyrighted or trade-marked material that PAAB would not be entitled to use without a further licences or payment to an intellectual property owner.

You hereby grant PAAB a perpetual, royalty-free, irrevocable worldwide, non-exclusive licence (but not the obligation) to publish, display, retain, archive, use, store, produce, reproduce, perform in public, broadcast and communicate to the public by telecommunication, the User-Generated Content, in any material form, in whole or in part, on any platform, such as in syndication, videos, and social media platforms such as newsletters, blogs, Twitter feeds, Facebook posts, in connection with any product (whether in print, digital or any other form) created, owned or published by PAAB or any of its affiliates, now and in the future, and to sub-license such rights to any licensee of PAAB.

You hereby waive all moral rights in and to the User-Generated Content in favour of PAAB and acknowledge and understand that PAAB may edit, remove, modify or alter the User-Generated Content at its discretion and place the User-Generated Content on any platform without your further consent and without attribution to you.

You hereby grant to PAAB the perpetual, irrevocable right to use your user name, persona, image, likeness and photograph that you provide in connection with any submission of User-Generated Content, without any obligation or remuneration to you.

General

These terms may be amended by PAAB from time to time at PAAB’s sole discretion. Please review these terms each time you access this Site.

These Terms, along with the Privacy Policy and the Community Forum Guidelines found on the Site, constitute the entire agreement between PAAB and you pertaining to your use of this Site, its services and Content. If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms in any jurisdiction. The parties have expressly requested that the Terms be drafted in English. Les parties ont expressément requis que les présentes modalités soient rédigées en anglais.

The Terms are governed by the laws of the Province of Ontario and any dispute shall be submitted exclusively to the courts of competent jurisdiction in that province.

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