CANADIAN MENTAL HEALTH ASSOCIATION, TORONTO BRANCH

TERMS AND CONDITIONS OF USE

FOR CMHA COURSE PARTICIPANTS

1. Authorized User. The Canadian Mental Health Association Toronto Branch (“CMHATO”) has identified you as an authorized user to access and use the Canadian Mental Health Association Toronto Branch (CMHATO) e-Learning and hybrid course modules (the “CMHATO Application”) which have been provided by CMHATO to all CMHA and other designated employees.

2. Bound by Terms of Use. By accessing or using the CMHATO Application, I represent that I have been authorized by CMHATO to access and use the Application and agree to be bound by these Terms of Use.

3. “As Is Basis”. The CMHATO Application is current at the time of creation and reliable; however, CMHATO makes no representations or warranties regarding the accuracy, quality, completeness, timeliness, appropriateness or sustainability of the content. You acknowledge that the CMHATO Application is provided on an “as is” basis and that any reliance on the CMHATO Application is at your sole risk.

4. Not Specific Medical Advice. The CMHATO Application is for training purposes only. It is not intended to be a substitute for seeking professional advice/supervision when dealing with clients/patients.

5. Definitions. When used in these Terms of Use, the following terms shall have the following meanings:

“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trade-mark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection in any part of the world.

6. Access. In accessing and using the CMHATO Application, I understand that I am acting as an agent of CMHATO. I have no rights or license to access or use the CMHATO Application in any other capacity or for any other purpose.

7. Registration. I am responsible for the activity that occurs on my account and for keeping my account password and other access credentials secure. If I suspect any unauthorized use of my account, I will notify CMHATO immediately.

8. Intellectual Property. I understand that all right, title and interest in and to the CMHATO Application, including all Intellectual Property Rights (including all copyright therein) arising out of or relating to the CMHATO Application, are and will remain with CMHATO. Authorized users of the CMHATO Application are granted a limited non-exclusive, non-transferable licence to use the CMHATO Application for training purposes. You may not copy, publish, reproduce, modify, upload, download, post, transmit or distribute any of the content in any manner or form.

9. Restrictions on Use of the Application. I will not use the CMHATO Application for any of the following purposes:

  a.   to print or otherwise download material from the CMHATO Application;

  b.   to provide any false or misleading information to any person;

  c.    to infringe any rights, including Intellectual Property Rights, of any third party;

  d.   to upload to or transmit from the CMHATO Application any data, file or software that contains a virus, Trojan horse, work or other technologies that may harm the CMHATO Application or the interests or property of CMHATO or other third parties;

  e.   to distribute spam, advertisements or other bulk messages;

  f.    to hack or otherwise interfere with the proper functioning of the CMHATO Application (including interference with or by-passing security features);

  g.   to access the CMHATO Application from a public network or other unsecure network;

  h.   to reproduce, duplicate, copy, sell, resell, distribute or make available to any third party, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any purpose, the CMHATO Application or any part of the CMHATO Application, without the express written consent of CMHATO;

  i.   to use the CMHATO Application to enable, support, or otherwise aid CMHATO or a third party in developing any product, software or service competitive with the CMHATO Application or any of CMHATO’s products or services; or

  j.   to use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the CMHATO Application.

10. Agreements. In accessing and using the CMHATO Application, I agree to:

  a.   comply with any policies and procedures prescribed by CMHATO and CMHATO in respect of the CMHATO Application;

  b.   participate in any training that CMHATO or CMHATO may require in respect of the CMHATO Application;

  c.   keep all computer access codes (username and password) or access devices in respect of the CMHATO Application secure and not share them with others;

  d.   promptly log out of the CMHATO Application when leaving my computer or workstation unattended;

  e.   maintain active and up-to-date anti-virus protection on the computer or device that I use to access the CMHATO Application; and

  f.   notify CMHATO immediately if I become aware of any potential or actual security or privacy breaches in respect of the CMHATO Application.

11. If I provide CMHATO with any comments, suggestions, data, information or feedback in respect of the CMHATO Application, I acknowledge and agree that all such feedback may be freely used by CMHATO, for the design, development, improvement, marketing, commercialization and operation of the CMHATO Application and its other products and services, without any restrictions or other obligations to me based on confidentiality or Intellectual Property Rights.

12. My right to access and use the CMHATO Application shall commence upon my first access to the CMHATO Application and shall terminate at the earlier of: (i) when CMHATO has determined that I no longer require access to the CMHATO Application; (ii) upon the expiry or termination of CMHATO Licensing Agreement with CMHATO; or (iii) where my access to the CMHATO Application has been suspended or withdrawn in accordance with the Terms of Use.

13. I assume liability for my actions on the CMHATO Application. I will indemnify CMHATO (and their officers, directors, employees, agents and contractors) for any and all claims, demands or actions and losses or damages relating to and/or arising from my access or use of the CMHATO Application.

14. I understand that CMHATO and/or my employer shall have the right to suspend my access to the CMHATO Application at any time if: (i) CMHATO and/or my employer suspects, acting reasonably, that my account is being used for unauthorized access to other systems or information; (ii) I am using my account in a manner which has the potential to substantially degrade the performance or integrity of the CMHATO Application; or (iii) I have failed to comply with the Terms of Use. I understand that CMHATO will advise employer of the suspension and the reasons therefor.

15. I understand that failure to abide by these Terms of Use will result in withdrawal of access privileges to the CMHATO Application, and may result in other actions or sanctions authorized by law.

16. The Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario.

17. Privacy. The CMHATO Application is hosted on CMHATO computer system. CMHATO will be provided with information about the number of people who have taken the course, the number of people who have successfully completed the course and other statistical information, but will not be provided with any identifying information from CMHATO about you, unless you have been suspended from use of the CMHATO Application.