Terms Of Use, Disclaimers And Notices

AGREEMENT BETWEEN USER AND BCPA

The British Columbia Paraplegic Association (“BCPA”) Web Site (“BCPA Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the BCPA Site constitutes your agreement to all such terms, conditions and notices.

Unless otherwise specified, the BCPA Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the BCPA Site.

PRIVACY POLICY

BCPA believes strongly in protecting the privacy of personal information and providing you notice of BCPA’s collection, use and disclosure of personal information.  Therefore, BCPA has adopted a Privacy Policy that you should refer to fully understand how BCPA collects, uses and discloses personal information.

MEDICAL DISCLAIMER

The information contained on this web site is presented for the purpose of educating people about spinal cord injury. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified health care provider. 

Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet, or fitness program. 

You should never disregard medical advice or delay in seeking it because of something you have read on this web site. For more information on how to contact professional medical support call the BCPA InfoLine 1-800-689-2477.

LINKS TO THIRD PARTY SITES

The BCPA Site may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of BCPA and BCPA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BCPA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is BCPA responsible if the Linked Site is not working appropriately. BCPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BCPA of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the BCPA Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. BCPA shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BCPA Site, you will not use the BCPA Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BCPA Site in any manner which could damage, disable, overburden, or impair the BCPA Site or interfere with any other party’s use and enjoyment of the BCPA Site. You may not attempt to gain unauthorized access to BCPA’s computer systems or networks, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BCPA Site.

USE OF SERVICES

The BCPA Site may contain or provide access through affiliated websites to e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the BCPA Site or other user or usage information or any portion thereof.

BCPA and its affiliates have no obligation to monitor the Communication Services. However, BCPA and its affiliates reserve the right to review materials posted to a Communication Service and to remove any materials in their sole discretion. BCPA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

BCPA and its affiliates reserve the right at all times to disclose any information as BCPA and its affiliates deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.

BCPA AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, BCPA AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.  BCPA EMPLOYEES PARTICIPATING IN ANY COMMUNICATION SERVICE ARE NOT AUTHORIZED BCPA SPOKESPERSONS, AND THEIR VIEWS, OPINIONS AND ADVICE DO NOT NECESSARILY REFLECT THOSE OF BCPA. YOU WILL REMAIN SOLELY LIABLE FOR THE CONTENT OF ANY MESSAGES OR OTHER INFORMATION YOU UPLOAD OR TRANSMIT THROUGH A COMMUNICATION SERVICE. 

LIABILITY DISCLAIMER

The information, products, and services included in or available through the BCPA Site may include inaccuracies or typographical errors. Changes are periodically made to the BCPA Site and to the information therein. BCPA and/or its respective suppliers may make improvements and/or changes in the BCPA Site at any time. Advice received via the BCPA Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

You specifically agree that BCPA shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. You specifically agree that BCPA and its affiliates are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that BCPA and its affiliates are not responsible for any content sent using and/or included in the BCPA Site by any third party.

In no event shall BCPA and/or its affiliates and suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, arising out of or in any way connected with the use of the BCPA Site, whether based on contract, tort, negligence, strict liability or otherwise.

BCPA AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON OR AVAILABLE THROUGH THE BCPA SITE.  BCPA AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE BCPA SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. 

TERMINATION

Notwithstanding any of the terms and conditions of this agreement, BCPA reserves the right, without notice and in its sole discretion, to terminate your right to use the BCPA Site, and to block or prevent future access to and use of the BCPA Site. Without limiting the foregoing, any unauthorized use of the BCPA Site will terminate your right to use the BCPA Site.

SEVERABILITY

If any provision of this agreement will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. 

GENERAL

This agreement is governed by the laws of British Columbia and the federal laws of Canada applicable therein without regard to conflicts of law that would apply a different body of law. All users hereby attorn to the exclusive jurisdiction of the Courts of British Columbia with respect to all disputes arising out of or in connection with this agreement, or in respect of any defined legal relationship associated therewith or derived therefrom. 

All contents of the BCPA Site are copyright protected and may not be reproduced in any form without prior written permission. However, you may download and save individual pages for your own personal, non-commercial use.

BCPA reserves the right to change or modify any of the terms, conditions and notices contained herein at any time and in its sole discretion. Any changes or modification will be effective upon posting of revised terms, conditions and notices to the BCPA Site. Your continued use of this BCPA Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.