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eSAC Website Terms of Service

eSAC Website Terms of Service

Terms

Public eHealth Innovation and Equity in Latin America and the Caribbean (“eSAC”) is an applied research project. By accessing the eSAC website at www.esacproject.net (the “Site”) and any other eSAC branded or co-branded websites, you are agreeing to be bound by these terms of service (the “Terms of Use”). Please read them carefully.

For the purposes of these Terms of Service, the word “You” means the individual accessing the site, and, if applicable, includes any other legal entities on behalf of which an individual is accessing the site.

Using our Site

You represent and warrant that: (i) You have the capacity to enter into a legal agreement in the province, state, territory or country in which You reside; and (ii) your use of the Site will not violate any applicable law or regulation in the province, state, territory or country from which You are accessing the Site. As an individual, you agree not to access the Site on behalf of any other legal entity unless you have the authority to bind that legal entity to these Terms of Use.

You shall not:

● Seek to gain access to any portions of the Site You are not authorized to access by eSAC;

● Use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to eSAC;

● Use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it hosted, the networks connected to them or any other user’s access to the Site;

● Access the Site through any automated means (for example, bots or web crawlers) or using an interface other than the one made available on the Site by eSAC;

● Solicit from other users any passwords or personal information for commercial or unlawful purposes;

● Use software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;

● Infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights. This includes forging headers or otherwise manipulating other identifiers in order to create the impression that another person posted the material to the Site;

● Violate or encourage any conduct that violates any applicable local, provincial, state, national or international law or regulation (including any laws relating to the export of data or software);

● Collect or store personally identifying information about other users of the Site for any purposes unrelated to the Site or that are illegal or unlawful;

● Create a risk of harm, physical or mental injury, or emotional distress, to yourself, to any other person; or

● Post fraudulent, false, misleading, or deceptive content.

If You breach these Terms of Use, your access to all or any part of the Site may be restricted, suspended or terminated without prior notice to You.

Site Content

The content of the Site, including any and all information (e.g. posts, links, data, e-mail, code, pictures, video, web pages, product or company names, trademarks, logos, or other materials) contained in the Site (the “Content”) includes materials contributed to the Site by or on behalf of eSAC (the “eSAC Content”) and materials contributed to the Site by Users of the Site (“User-generated Content”).

Using our Site does not give You ownership of any intellectual property rights in our Site or the content you access. eSAC has set a Creative Commons Attribution-NonCommercial ShareAlike 3.0 Unported license. For more information on how to use eSAC generated content, go to http:http://creativecommons.org/licenses/by-nc-sa/3.0/

User-generated Content is the sole responsibility of the person or entity that contributes it to the Site. eSAC is not obliged but reserves the right to monitor some, all, or no areas of the Site from time to time: (i) to verify adherence to these Terms of Use or any other rules, codes of conduct or guidelines posted by eSAC; or as required by law; and (ii) to reject, refuse to post, remove or block access to any Content at any time, without notice and without liability.

By submitting your User-generated Content to the Site or otherwise making it available for display on or through the Site, You acknowledge that: (i) it may be included in the analysis of Content of the Site and used for research purposes; and (ii) You grant the University of Toronto and the International Development Research Centre (IDRC) a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-generated Content (in whole or part) and to incorporate it in other works (in each case irrespective of the form, media, or technology used) for the purpose of allowing eSAC to administer, operate, display, and promote the Site including but not limited to allowing other sites to link to Content on the Site.

You represent and warrant that none of the User-generated Content that You contribute to the Site will infringe any proprietary right of any third party. You waive any moral rights in any User-generated Content that You contribute to the Site. With the exception of any User-generated Content that includes personal information (e.g. some fields in registration), You agree that no User-generated Content that you contribute to the Site will be considered confidential.

eSAC reserves the right to change any and all Content at any time without notice. eSAC is not responsible for any User-generated Content. eSAC does not provide any representations, warranties or guarantees with respect to User-generated Content, its quality or its accuracy. Before using or relying on any User-generated Content, You should take reasonable steps to verify its accuracy, completeness or usefulness: You are using it at your own risk. Additionally, views and opinions expressed in materials forming part of the User-generated Content do not necessarily represent the views or opinions of eSAC.

Links

eSAC, Registered Users or third parties, may provide links to websites or other resources. eSAC has not reviewed all of the sites linked to the Site and is not responsible for the contents or availability of any such linked site. The inclusion of any link or other external resource does not imply endorsement by eSAC of the site or resource. Use of any such linked website or resource is at the user’s own risk.

Registered Users

To access certain features of the Site or participate in certain activities through the Site, You may be required to register as a “Registered User”. When signing up to be a Registered User of the Site, You represent and warrant that any information You provide about yourself to eSAC is correct.

Registered Users are assigned a personal username and password . If You are assigned a username and/or password, You are responsible for all activities conducted under that username or password. You will not share your username or password with a third party. If You have any reason to believe that any username or password assigned to You has become known to or been used by any other person, You will inform eSAC immediately. eSAC may, at any time, change any username or password assigned by eSAC to You on notice to You.

Registered Users may receive service announcements, administrative messages, and other information. Registered Users may opt out of some of those communications.

A Registered User may withdraw from participating in the Site at any time by instructing eSAC, in writing (info@esacproject.net), to disable any password for the Site assigned to the Registered User.

Entry/Exit Questionnaire

An entry/exit questionnaire will be used to collect data related to the experience and level of satisfaction of Registered Users. After completing the registration process, all Registered Users will receive, by email, an invitation to complete the entry questionnaire. A similar questionnaire (exit questionnaire) will be sent at the end of the project. Whether or not Registered Users complete the questionnaire, they are still able to access and use the Site. No personal or identifying information will be collected through the questionnaire. Only the eSAC principal investigators and the project director will have access to a code used to link the entry and exit questionnaires completed by the same user.

No Warranties

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. No representations or warranties are made to You that the Site or any Content: (i) will be available at all times; (ii) will operate without errors; (iii) defects or errors in the Content will be corrected; (iv) will be accessible regardless of the hardware or software You wish to employ to access it; (v) is absolutely secure; or (vi) is free from viruses or other harmful code.

Limitation of Liability

IN NO EVENT WILL eSAC PARTNERS (UNIVERSITY OF TORONTO, THE PAN AMERICAN HEALTH ORGANIZATION, OR THE INTERNATIONAL DEVELOPMENT RESEARCH CENTRE), ITS REPRESENTATIVES OR ITS SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF eSAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.

Infringement/Breach

It is the policy of eSAC to investigate and respond to claims of infringement of intellectual property rights or breaches of these Terms of Use.

Notices of claimed infringement should be directed to: info@esacproject.net

or

eSAC Community Complaints

R. Fraser Elliott Building 4th Floor,

190 Elizabeth Street

Toronto, ON

M5G 2C4

CANADA

Fax: 416-340-3595

If You breach these Terms of Use, your access to all or any part of the Site may be restricted, suspended or terminated without notice to You.

eSAC reserves the right to pursue any and all legal and equitable remedies against You, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site, without prior notice and without liability.

Terms of Use Modifications

eSAC may revised these Terms of Use at any time without notice to You. By using the Site you are agreeing to be bound by the then current version of these Terms of Use.

Miscellaneous

These Terms of Use are governed by the laws of the Province of Ontario, Canada and constitute the complete and exclusive agreement between You and eSAC with respect to your use of the Site, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter. If eSAC provides you with a translation of these Terms of Use and there is any inconsistency between the English version and the translated version, the English version shall prevail.


Latest update: October 15 2012