Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, INCLUDING ANY CORRESPONDENCE BETWEEN US AND YOU THAT IS INITIATED VIA THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the Orenda Cancer Community website, owned and operated by Rebecca Durance Hine (collectively, “Orenda”, “we”, “us” or “our”), and available at orendacancercommunity.com (“Website”). This “Website” means the whole or any part of the web pages located at and directed to orendacancercommunity.com and includes the layout of this website; individual elements of this website’s design; underlying code elements of the website; text, sounds, graphics, videos, animated elements and any other content of this Website including all Services (as that term is defined below) offered on the Website.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICES.
1. Health Care Disclaimer
The content, information, materials and Services offered on this Website and on Forums/Blog (defined below) are for information purposes only. Nothing in the content, information, materials or Services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website, its services, the Blog, and the Forums do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should not use the information available on or through the Website, Blog/Forums, or our Services for diagnosing or treating a health problem or disease, or prescribing any medication. You should always talk to your health care provider for diagnosis and treatment, including for your specific medical needs. We do not represent or warrant that any particular service or material offered through this Website, the Blog, or the Forums is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
2. Intended for Users 18 and Older
The Website is intended for use by individuals 18 years of age or older. This Website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Website.
Various services may be available on the Website, including educational courses (the “Services”). Access to such Services including any related content, material, software, information, data images, photographs, logo, designs, publicity slogans, source code, inventions, knowhow, audio, video, text and other material protected by copyright, patent and other applicable intellectual property laws appearing on the Website (“Content”) may require you to register or subscribe. If you are required to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information in order that it is kept accurate and complete. You further agree that you are responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Website, and (b) all activities that occur, including transactions effected, under such password or account. Further, you agree to promptly notify us of any unauthorized use of your password or account using the contact information outlined at Section 21. Without limiting Section 10, we will not be responsible or liable, directly or indirectly, in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
4. User Conduct
As a user of the Website, and in consideration for the availability and your use of the Website, you agree to comply with all applicable laws and these Terms when using the Website. You represent and warrant that you have reached the age of majority, or that if you are under the age of majority that you have informed a parent or guardian, and they have approved your use of the Website. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. You agree that you will use this Website responsibly and in compliance with all applicable laws and these Terms. While using our Website, you also agree to hold sole responsibility for all activities on your device. Orenda is not responsible in any way for any losses caused by unauthorized access to your device(s). You agree not to:
- misrepresent your identity or impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
- post material intended to further commercial purposes;
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would be harmful or could constitute a criminal offense or give rise to civil liability;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this Website other than the search engine and search agents available from Orenda on this Website and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Chrome);
- use the Website in any manner that is harmful to minors;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services or Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- delete or revise any material posted by any other person or entity;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website;
- intentionally interfere with or damage the operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks, hacking as well as posting, transmitting, linking to, or otherwise distributing any information, material (including for greater certainty, software) which becomes a virus, cancelbot, spyware, ransomware, trojan horse, sport, robot, or other harmful or disruptive component; or
- take any action or do anything which imposes an unreasonable burden on or interferes with the Website.
If we determine, in our sole discretion, that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may, with or without notice, deny you access to the Website on a temporary or permanent basis.
5. Use of Forums/Blog
The Website provides various discussion and forums (“Forums” or “Blog”) that you may use in accordance with the Terms that are provided herein. When posting any message upon the Forums/Blog, you agree not to:
- post messages that mention real names, or the name of a location or school in reference to an individual, or the contact information of any individual including their email address, phone number and home address, even if posted without explicit reference to the individual;
- post messages that include profanity, vulgarity or swearing;
- post messages that are in any way demeaning, bullying or cruel or which attack any individual, whether or not a user of the Website;
- post messages that comprise links to materials or content that does not pertain to the topic or theme of the discussion; and
- post messages that are of a commercial nature. You should be careful when participating in any Forums/Blog. We cannot be responsible for the content or accuracy of any information that is posted by users upon the Forum/Blog.
You agree to follow these Terms when using any Forums/Blog associated with us on other platforms, including Facebook, Instagram, LinkedIn, and YouTube.
Please note that we reserve the right, in our sole discretion, to edit a message, remove a message, or part of a message that has been posted on any Forum/Blog, if such message, or part of such message is in is sole discretion undesirable, unacceptable or in violation of these Terms.
6. Ownership of Website Content
(a) Orenda Content
The Content contained on the Website is our sole property or the property of third parties who granted us permission to use such Content on the Website, or both. Except as expressly provided for in these Terms you are not permitted to copy, reproduce, alter, or modify the Content found on the Website.
We are and will remain the sole and exclusive owners of all intellectual property rights in the Services made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Services made available through this Website, or of any intellectual property rights relating to those Services. Further, we reserve all rights in and to the Services not granted expressly in these Terms or other additional licence terms.
All of the content that appears on the Website, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licences held by us (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and view the Content solely in connection with your permitted use of the Website and Services and solely for your personal and non-commercial purposes.
Nothing contained on this Website should be construed as granting any licence or right of use of any person’s or entity’s trade mark which is displayed on this Website without their express permission.
Unless prior written authorization has been given by us, all Content included on this Website regarding products and services offered by us in Canada is provided for informational and promotional purposes only.
You are not authorized to modify, reproduce, re-edit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without prior written consent from us. However, you may download, print or reproduce the Content for personal use and/or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain.
You agree that you will not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of this Website.
All unauthorized use of the Content will be considered as a violation of our intellectual property rights.
(b) User Content
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
You understand that your content, including User Content (but not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Except where prohibited by law, by submitting or uploading User Content through the Website and Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint us as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all of your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the licence rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Website and Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(c) Orenda-Tagged Media
The Website includes the Orenda page located at @OrendaCancerCommunity, which extracts content from our users who share photos and videos on Instagram, Facebook, LinkedIn, or YouTube using Orenda’s hashtags, including #orenda, #orendacancercommunity, #orendacancercommunityandblog, or tagging the Orenda Instagram account @orenda.cancer.community (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in our marketing, advertising and social media channels, Website or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Website, Services and similar promotional purposes, including after you terminate your account or your use of the Website, or Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
(d) Digital Millennium Copyright Act/Copyright Policy
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Website allows you to download Content, including files, images, and PDF documents (collectively, the “Downloadable Content”). The Downloadable Content is licensed to you for your personal and non-commercial use only. You agree to maintain all copyright and other proprietary notices in the Downloadable Content and that we retain complete title to the Downloadable Content and all the intellectual property rights therein. All risk associated with the use of, or reliance on, the Downloadable Content rests with you. You further agree that we, to the maximum extent permitted by law, make no warranties regarding the Downloadable Content, and will without limiting Section 10 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 Downloadable Content.
We welcome feedback, comments, reviews of the Website, programs or services you purchase through us, and suggestions for improvements to the Website, programs or services (“Feedback”). You can submit Feedback by emailing us at email@example.com or by reviewing a particular program or service. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable licence under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. No Commercial Use
This Website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
10. Disclaimer and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND THAT EACH OF REBECCA DURANCE HINE, ORENDA, AND THEIR AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “ORENDA GROUP”) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, CONDITIONS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES, USEFULNESS OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATURE OR OTHERWISE IN LAW OR FROM (A) A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EVENT PERMITTED BY APPLICABLE LAW, ORENDA GROUP SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE WILL BE PROVIDED ON A UNINTERRUPTED TIMELY, SECURE, OR ERROR FREE BASIS.
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT SEEK TO HOLD ORENDA GROUP LIABLE:
- DIRECTLY OR INDIRECTLY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR OTHERWISE FOR ANY DAMAGE (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY AND AGGRAVATED DAMAGES, LOSS OF DATA, REPLACEMENT COSTS, AND DAMAGES FOR LOSS OF USE, PROFITS OR REVENUE) OR OTHER REMEDY (INCLUDING ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES) WHATSOEVER IN CONNECTION WITH YOUR USE, INABILITY TO USE OR RELATING IN ANYWAY TO THE WEBSITE OR OUR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE;
- TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE; AND
- TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED WHICH MAY BE DIRECTLY OR INDIRECTLY SUFFERED IN CONNECTION WITH WEBSITES OF OTHER ENTITIES THAT ARE HYPERLINKED FROM THIS WEBSITE OR AS PART OF OUR SERVICES.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, and in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE WEBSITE OR ONE HUNDRED DOLLARS (CAD $100.00) IF YOU HAVE NO PAYMENT OBLIGATIONS TO THE ORENDA GROUP, AS APPLICABLE.
By accessing and browsing this Website, you accept that you will indemnify and hold us, including our affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that we may suffer or incur as a result of: (a) your access to and use of this Website; (b) from any other alleged violation of these Terms; (c) and infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We reserve the right, in our sole discretion to add to, remove from, modify or otherwise change any part of these Terms, in whole or in part at a time. Except as expressly contemplated herein, changes will be effective when notice of such change is posted on the Website. Please check these Terms regularly for updates by checking the “Last Update” section at the top of these Terms. If any change is not acceptable to you, you must discontinue your use of the Website immediately. Your continued use of the Website after any such changes are posted will constitute acceptance of those changes.
13. Links to Third Parties
There may be links on the Website which take you to other websites or apps, including advertisers and sponsors which are not under our control (“Third Party Websites”). These links are provided only as a convenience and may not remain active or current. We have not reviewed these Third Party Websites and do not control and are not responsible for these Third Party Websites or their content or availability. We do not endorse such Third Party Websites, or any offerings or content found upon such sites. Without limiting Section 10, you are solely responsible for your decision to visit such Third Party Websites, and we are not liable in any way for the accuracy, relevancy or legality of material contained in such sites.
Some Third Party Websites may offer products or services available through that site or app. You acknowledge and agree that your correspondence or dealings with any third parties, including advertisers on our Website, are solely as between you and such third parties. We assume no responsibility whatsoever for any costs incurred by you, or products purchases by you through such Third Party Websites. You agree that we will not be responsible for any loss or damage of any kind as a result of, or in connection with, any such dealings or transactions.
No part of this Website may be linked to without prior written consent from us.
14. Website Availability
From time to time and without prior notice to you, we may cease to continue operating part or all of the Website or selectively disable certain aspects or portions of the Website. Any modification to or elimination of the Website will be done in our sole and absolute discretion and without any obligation or liability to you, and your use of the Website does not entitle you to the continued provision or availability of the Website.
We take reasonable steps to ensure the security of our systems. However, there are inherent risks associated with the use of electronic means of communication. Therefore, we discourage the use of our Website to submit sensitive personal or business information. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the Internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. We accept no liability that may arise if any other persons obtain the information you submit to this Website.
16. No Partnership
We reserve the right to suspend or terminate your access to the Website, at any time for convenience, or for any other reason, including without limitation if we have determined in our sole discretion that the use by you, or of third parties using your passwords or accounts of the Website, was in breach of these Terms. At all times, we shall have the discretion to take such action as we deem necessary, in our sole discretion, to preclude a breach of these Terms, and we shall not be liable for any damages of any nature suffered by you or a third party resulting from our exercise of our rights under these Terms. You may disable access to your account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of services or your account or membership, the following sections will survive: Ownership of Website Content, User Content, Feedback, No Commercial Use, Disclaimer and Limitation of Liability, Indemnity, Governing Law, General Provisions.
19. Governing Law
These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable within Ontario without regard to conflict of law provisions. The Ontario Superior Court of Justice will have exclusive jurisdiction to resolve any disputes relating to these Terms. Each party hereby agrees to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
20. General Provisions
These Terms you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms constitute the entire agreement between you and us pertaining to your use of the Website, Content, and Services and supersede any prior agreements between you and us relating to the subject matter hereof. If any of the provisions (or parts thereof) contained in these Terms are determined to be void, invalid or other unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions of parts thereof contained herein. Our failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right.
21. Contact Us
If you have any questions about these Terms, you can contact us in writing email@example.com.