Legal Disclaimer

Canadian Physiotherapy Association, as represented by its National Orthopaedic Division

Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following terms of use, and all documents referenced in it (collectively, the “Terms of Use”), set out the terms and conditions that apply to your use of https://www.orthodiv.org (the “Website”), including any and all materials, documentation, information, manuals, tools, data, resources, and other content provided on the Website (collectively “Materials”). Your access and use of the Website constitutes your agreement to be bound by these Terms of Use, which establish a contractual relationship between you and the Canadian Physiotherapy Association, as represented by its National Orthopaedic Division (“CPA”). If you do not agree with these Terms of Use, you may not access or use the Website.

CPA may, in its sole discretion and for any reason, modify, supplement or amend these Terms of Use without any notice or liability to you or any other person, by posting revised Terms of Use on the Website. Your continued use of the Website signifies your acceptance of any revised Terms of Use, so check back frequently to read the most recent version.

  1. Website Use

You may not use the Website if you live in a jurisdiction where access to or use of the Website, the Materials or any part of them may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website and/or the Materials is lawful, and you must comply with all applicable laws.

You are prohibited from using the Website in any manner that interferes with another user’s use or enjoyment of the Website or the Materials, and/or is designed to compromise the security of the Website or the integrity of Materials, such as hacking, corrupting, or destroying Materials, or the intentional introduction of viruses. You agree that you will not use the Website or any Materials for any purpose that is unlawful.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead CPA with respect to any information you provide. CPA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review such content.

In its sole discretion, in addition to any other rights or remedies available to CPA and without any liability whatsoever, CPA may at any time and without notice terminate or restrict your access to any component of the Website.

The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. CPA cannot guarantee security of any communication to or from the Website. CPA does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet, other forms of networks, or otherwise while using the Website. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific computer, mobile or other device. CPA does not assume any responsibility or risk for your use of the Internet.

  1. Informational/Educational Purposes Only

The information found on the Website and in the Materials is provided for informational/educational purposes only and does not necessarily reflect the views of CPA or any other third party, and is not intended to provide specific medical advice or a service, to be used for diagnosis of a medical issue, nor to replace the judgment of a healthcare professional, but rather to provide users with information to better understand matters related to orthopaedic physiotherapy. If you have a medical problem, you should contact a qualified health professional. Your reliance on any information obtained from or through the Website and/or Materials is solely at your own risk.

  1. Account Set-Up

In order to access or utilize certain aspects of the Website, you may be required to establish and maintain an account (your “Account”). Your Account may be accessed only by use of your login name and password. You are solely responsible and liable for any use or misuse of your Account, login name and password, and for all activities that occur under them. For security reasons, you must keep your login name and password confidential, and not disclose them to any person, or permit any other person to use them, except an authorized representative of CPA. CPA recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you should log out at the end of each session. All Accounts, login names and passwords remain the property of CPA, and may be cancelled or suspended at any time by CPA without liability to you or any other person. CPA is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify CPA of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

  1. Accuracy of Information

CPA relies on the information you provide through the Website, including, without limitation, your Account information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, CPA or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to keep your Account information up to date.

  1. Submissions

All remarks, suggestions, comments, ideas, graphics, or other information communicated to CPA through the Website (collectively, “Submissions”) will forever be the property of CPA. CPA will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future products or operations of CPA. Without limitation, CPA will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. CPA will be entitled to use the Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending a Submission. You acknowledge that you are responsible for whatever material you submit, and you, not CPA, have full responsibility for the content of such Submission, including its legality, reliability, appropriateness, originality, and copyright.

  1. Privacy

You acknowledge that you have read CPA’s privacy policy (available at: https://www.orthodiv.org/privacy-policy), as updated from time to time (the “Privacy Policy”), the terms of which are incorporated into these Terms of Use, and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by CPA in accordance with the terms of and for the purposes set out in the Privacy Policy.

You understand that CPA may monitor and track your usage of the Website, including after the termination of your Account. You acknowledge that, subject to the Privacy Policy, CPA may disclose information relating to your use of, or access to, your Account and the Website that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.

  1. Intellectual Property

The Website URL, its design, all text, graphics, content, video, audio and the selection and arrangement of the Website, and the Materials are the property of CPA and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries.

CPA, the Website, and all other related trademarks and design marks displayed on the Website (collectively, the “Trademarks”) are registered and common law trademarks of CPA. Other trademarks and design marks appearing on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use any trademarks, including the Trademarks, except with the express written permission of CPA or the other party that may own the applicable trademarks.

Except as expressly set out in these Terms of Use, you shall not, directly or indirectly, copy, reproduce, distribute, modify, adapt, create derivative works from, publically display, republish, transfer, transmit, sell, compile for an internal database, or store the Website or the Materials, in any form or by any means, without the prior written permission of CPA. Notwithstanding the foregoing, your computer and browser may temporarily store or cache copies of materials being accessed and viewed. CPA may grant permission to individuals and organizations to download and/or print information from the Website, including the Materials, for non-commercial purposes only. Except as expressly provided in these Terms of Use, your use of the Website and/or the Materials does not grant or transfer to you any ownership or other intellectual property or proprietary rights in the Website and/or the Materials, and nothing herein or within the Website and/or the Materials shall be construed as conferring on you or any other person or entity any licence pursuant to the intellectual property or proprietary rights of CPA or any third party.

  1. External Links

The Website may, from time to time, contain links to websites not maintained by, related to or affiliated with CPA. These links are provided solely for your convenience and the inclusion of any link does not constitute or imply CPA’s endorsement, approval, affiliation, sponsorship, investigation or verification of the linked website or information contained in the linked website, or of their security or privacy practices. It is your responsibility to review and comply with the terms and conditions of any linked websites and to take the necessary precautions to protect yourself from malicious, disruptive, or otherwise harmful software or data, including using anti-virus software. Linking to any other website is at your sole risk and CPA will not be responsible or liable for any damages in connection with such linking.

CPA is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any other websites or the contents on those websites including, without limitation, any representation or warranty: (i) regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third party website; (ii) regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites; and/or (iii) that the operation of the third party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.

You may not gather, extract, reproduce and/or display on any non-CPA website, any Material on or from the Website, whether or not by the use of data mining, robots, spiders or other ‘screen scraping’ software or system used to extract data without the express consent of CPA.

  1. Liability Disclaimer – READ THE FOLLOWING CAREFULLY

Except as explicitly provided in these Terms of Use, as amended from time to time, and to the fullest extent permitted by applicable law, CPA and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Website and/or the Materials, all of which are provided on an “as is” and “as available” basis. CPA and the Third Parties expressly disclaim all representations, warranties, guarantees, covenants and conditions with respect to the Website and the Materials, including without limitation, all implied warranties or implied conditions of merchantability, fitness for a particular purpose, title, accuracy, completeness, and non-infringement. Without limiting the generality of the foregoing, CPA and the Third Parties make no representation or warranty that: (a) the Website and/or the Materials will be compatible with your computer, mobile or other device and/or software; (b) the Website and/or the Materials will be accurate, reliable, complete, current, timely, useful or suitable for any particular purpose; (c) the operation of or access to the Website will be uninterrupted, timely, secure or error-free; (d) defects or errors in the Website and/or the Materials will be corrected; (e) the Website and/or the Materials will be free from infections, viruses, Trojan horses, malware, worms or other harmful components or code; (f) communications to or from the Website will be secure and/or not intercepted; and (g) the use of the Website and/or the Materials will meet any user requirements.

You acknowledge and agree that (i) that your use of the Website and the Materials is at your sole discretion and risk, and (ii) you are solely responsible for any damage you may sustain, whether relating to (A) your computer system, or any loss of data that results from the download of any Materials, (B) your reliance on any information or data obtained as a result of your use of the Website or access to the Materials, or (C) any other form of damage that may be incurred. In no event will CPA or the Third Parties be liable for the conduct of users of the Website.

  1. Maximum Liability

If CPA or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website and/or the Materials, the liability of CPA and the Third Parties will in no event exceed $100.00 CAD.

In no event will CPA or any of the Third Parties be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, damages for loss of use, data, information, or profits or business interruption, or any other damages whatsoever arising out of or in any way related to the use or performance of the Website, any linked website, or any Materials, or otherwise arising out of your use or inability to use the Website or any decision made or action taken by you in reliance on any of the Materials, and/or any errors or omissions in such Materials, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if CPA has been advised of the possibility of such damages. You acknowledge and agree that you are using the Website and the Materials, as applicable, at your own risk and liability.

  1. Indemnification

You agree to indemnify, defend (at CPA’s option) and hold harmless CPA, the Third Parties and their respective directors, officers, employees, agents, contractors and other representatives from and against all liabilities, losses, claims, damages, penalties, actions, suits, demands, levies, costs, expenses, and disbursements (including reasonable legal and adviser fees), of whatever kind or nature (collectively, “Claims”), arising from or related to: (a) your use of and reliance on the Website; (b) your use of and reliance on any Materials; (c) your violation of these Terms of Use; and (d) your violation of any rights, including any intellectual property rights, of another person or entity in connection with your use of and/or access to the Website and/or Materials.

You agree that CPA may assume the defense and control of any Claim for which you are required to indemnify CPA and you agree to cooperate, at your own cost, with CPA’s defense of such Claim. You agree not to settle any Claim without the prior written consent of CPA.

  1. Survival

Sections 9, 10, 11, 12, 13 and 14, and any other sections which by their nature survive the termination or expiration of these Terms of Use and/or your access to and/or use of the Website will survive any termination or expiration thereof.

  1. Entire Agreement

These Terms of Use, together with any rules, policies or guidelines posted on the Website by CPA or incorporated or referred to herein, including the Privacy Policy, constitute the entire agreement between you and the CPA with respect to the subject matter hereof, and supersede all other or prior communications, representations or agreements, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by CPA.

  1. Governing Laws; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario with respect to any dispute arising under these Terms of Use, unless otherwise agreed by CPA in its sole discretion.

  1. General

If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Use to any other party without CPA’s prior written consent, which consent may be withheld in CPA’s sole and absolute discretion. You are responsible for all charges and necessary permissions related to accessing the Website through your Internet service or mobile access provider.

CPA will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by CPA. No delay or omission by CPA 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. The failure of CPA to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of the right of CPA to subsequently enforce such provision or any other provisions of these Terms of Use.

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

  1. Contacting CPA

If you have any questions about these Terms of Use, the Website or the Materials, please contact us via info@orthodiv.org