IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

The iGeriCare Educational Prescription Website {rx.igericare.healthhq.ca} (Website) provides direct access to the iGeriCare Educational Prescription Application (Application). The Website is maintained by McMaster University’s Division of e­Learning Innovation.

The Website aims to provide health care providers, allied health professionals, and other professionals or volunteers who may work with persons living with dementia and their caregivers with an efficient way to recommend iGeriCare’s multi-media lessons from iGeriCare.ca to patients, their caregivers, and their family members. This is accomplished by creating an Educational Prescription that is delivered to the recipient by email. All references below to the Website includes all its pages, the Application and the Educational Prescription itself.

ACCEPTANCE. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and McMaster University (“McMaster”), the owner and operator of the Website. It states the terms and conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by and comply with the terms and conditions of this Agreement. If you do not accept these terms and conditions, you may not access or use the Website. McMaster may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of the revised terms. You should visit this page periodically to review this Agreement.

You understand that by accessing the Website, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements such as through the use of standard and updated virus scanning tools, and to ensure that you have a complete and secure back­up of information and software on your computer or other devices that you may use to access the Website.

McMaster is not responsible for any additional charges that you may incur for accessing the Website or its Application, such as data or other telecommunications or internet or wireless service provider fees.

IMPORTANT LIMITATIONS OF THE WEBSITE

USE OF WEBSITE. You are prohibited from reproducing in any way any element of this Website. The Website operations may be interrupted or suspended. Regardless of the reason, McMaster will not be liable for any damage arising out of changes to information, or the interruption or suspension of Website operations.

CONTENT. All materials displayed or otherwise accessible through this Website, including but not limited to the Application, text, graphics, videos, photos, trademarks, logos and other materials (collectively, “Content”) are protected by copyright and trademark laws, and are owned by McMaster and its licensors, or the party accredited as the provider of the Content. The material on this Website is covered by the provisions of the COPYRIGHT ACT (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Such provisions serve to identify the information source and, in specific instances, to prohibit reproduction of materials without written permission. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of McMaster. McMaster and its affiliated parties respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us to relay your concerns (see “Contact Us” below).

LIMITED LICENCE. Subject to the terms and conditions of this Agreement, you are hereby granted a limited revocable non­exclusive licence to access, view and use the Website for your non­commercial use and are granted the right to download, store and print single copies of items comprising the Content for your non­commercial use, provided that you maintain all copyright and other notices contained in such Content.

FEES AND PAYMENTS. You have a free, non­exclusive licence to use this Website. McMaster reserves the right to charge licensing, registration or user fees in the future for certain categories of users or types of use of this Website.

LIMITATION OF LIABILITY. Subject to applicable law, in no event shall McMaster and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if McMaster knew of or ought to have known of the possibility of such damages.

DISCLAIMER OF WARRANTIES. The Website and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. McMaster expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non­infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law. While McMaster endeavours to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, McMaster provides no representation or warranty that (i) the Website or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Website will be uninterrupted or error­free, (iii) that defects or errors in the Website or the Content will be corrected, (iv) that the Website will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.

RELEASE AND INDEMNITY. You hereby agree to release McMaster and its partners, employees, consultants, agents and licensors from, and in no event shall any or all of McMaster and its partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website. You will indemnify and hold harmless McMaster and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold harmless McMaster and its partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Website or its Content.

YOUR ACCOUNTS. You are solely responsible for (i) all use of the Website by you and your users, (ii) maintaining lawful basis for the collection, use, processing and transfer of Content, and (iii) providing notices or obtaining consent as legally required in connection with the Website. We do not send emails asking for your usernames or passwords, and to keep your accounts secure, you should keep all usernames and passwords confidential. We are not liable for any loss that you may incur if a third party uses your password or account. We may suspend your use of the Website if you or your users are using the Website in a manner that is likely to cause harm to us. You agree to notify us immediately and terminate any unauthorized access to the Website or other security breach.

PRIVACY POLICY. Email addresses obtained to deliver the Educational Prescription via the Website and Application are not stored. The information gathered during your activities on the Website will be available on your individual dashboard for your use but will not have any personal identifiable information associated with it. This will include the number of prescriptions sent, percentage of recipients who viewed the Educational Prescription, prescription adherence, average number of lessons prescribed, most prescribed lessons and other metrics that may be added from time to time.

Your data will be aggregated with that of other users so that we can make decisions about how to improve the Website. Your statistical information may also be used for research purposes, e.g., to validate the effectiveness of the Website, but in all such circumstances will remain anonymous. Aside from the foregoing uses, the information you provide and any other information, will be protected and used in compliance with Ontario’s Freedom of Information and Protection of Privacy Act (RSO 1990) and will be disclosed only in accordance with this Act. If you have any questions about the collection and use of this information please contact info@healthhq.ca.

In addition, the Website uses Google Analytics, which is a web analytics tool that reports on how visitors interact with the Website, to collect non­personal information and data. Google Analytics collects information anonymously and reports Website trends without identifying individual visitors. Like many Internet services, Google Analytics uses first­party cookies to track visitor interactions. ‘Cookies’ are small text files that identify an individual computer’s browser entering a website. Cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Browsers do not share first­party cookies across domains. The Website uses cookies only for the above­mentioned purposes and will not use them to identify users or to track usage that is not related to the Website.

If you do not want a cookie placed on your computer by McMaster, you may disable cookies in the web browser configuration options. Note that it is possible that some aspects of the Website may be unavailable to you if this option is chosen.

EXTERNAL SERVICE PROVIDERS. To effectively operate its websites, McMaster occasionally uses external service providers which may be located within Canada or outside Canada, and may be outside your jurisdiction of residence. Such service providers are bound by contract with McMaster to treat any personal information they may receive in a manner that is consistent with the provisions of applicable privacy laws.

If you have any questions, concerns or complaints about how external service providers handle personal information, you may wish to direct them to info@healthhq.ca.

SECURITY. Any information sent or received over the Internet is generally not secure and may be intercepted, lost or altered. McMaster cannot guarantee the security of any communication to or from the Website. McMaster does not assume any responsibility or risk for your use of the Internet.

GOVERNING LAW AND JURISDICTION. The Website is operated by McMaster within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the non­exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website.

TERMINATION. McMaster may, in its sole discretion, cancel or terminate your right to use the Website or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. McMaster shall not be liable to any party for such termination.

ENTIRE AGREEMENT. Except for any agreement in respect of Content, this is the entire agreement between you and McMaster relating to your access and use of the Website and the Content herein.

GENERAL. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force and effect without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. McMaster will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by McMaster. No delay or omission by McMaster in exercising its rights or remedies will impair McMaster’s rights 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. McMaster’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of McMaster’s right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.

CONTACT US. If you have any questions regarding the terms and conditions of this Agreement you may direct them to us by email at info@healthhq.ca or use the feedback form on the Website.