Terms of Use

THIS WEBSITE IS OWNED AND OPERATED BY NEURODEVELOPMENTAL NETWORK (HEREIN AFTER “NEURODEVNET”).  ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES (COLLECTIVELY, THE "SITE") IS PROVIDED BY NEURODEVNET TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THE SITE.

You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

NEURODEVNET may modify these terms of use from time to time and such modification shall be effective upon posting by NEURODEVNET at http://www.neurodevnet.ca/termsofuse. You agree to be bound to any changes to these terms of use when you use the Site after any such modification is posted. It is therefore important that you review these terms of use regularly to ensure you are updated as to any changes.

You may not interfere with the security of, or otherwise abuse the Site or any system resources, services or networks connected to or accessible through the Site.  You may only use the Site for lawful purposes.

  1. Legal Statement

    Except where otherwise stated, the term "NEURODEVNET", as used on the Site shall be deemed to refer to Neurodevelopment Network, a body incorporated under the Federal laws of Canada, and its respective affiliates.

  2. Intellectual Property

    All materials (including the organization and presentation of such material) on the Site (the “Materials”) are the property of NEURODEVNET and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

    The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted.  You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with NEURODEVNET, any other use of these Materials without NEURODEVNET's written permission is prohibited.

    In light of the foregoing, use of any Materials that are specified as property of a party, other than NEURODEVNET, without obtaining permission from said party is similarly prohibited.

    © 2010 Neurodevelopment Network.  All rights reserved.

  3. Links and No Endorsement

    The Site may contain links to other internet sites or resources and are provided for your convenience only.  Any links provided to other sites are provided only as a reference to help you identify and locate other resources that may be of interest to you. Such links and resources are provided for reference only and were independently developed by parties other than NEURODEVNET.

    Unless explicitly stated otherwise, NEURODEVNET is not the owner of such external sites and therefore NEURODEVNET cannot be held responsible for the availability of such external sites or resources or for the contents of any such linked sites, and does not assume any responsibility for the accuracy or appropriateness of the information on or available from such sites or resources.  Further, because NEURODEVNET is not the owner of such external sites, NEURODEVNET does not have the requisite authority to grant you permission, a limited license, or otherwise, to use the contents of any such external sites.

    The inclusion of any link does not imply endorsement by NEURODEVNET of the site. Use of any such linked site is at your own risk. In addition, the mention of another party or its product or services on the Site should not be construed as an endorsement by NEURODEVNET of that party or its product or service.

    NEURODEVNET SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED, OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.

  4. No Advice or Warranties

    The Materials on the Site, including but not limited to newsletters, articles, opinions, and views, are provided for information and education purposes only.

    The Materials on this Site are general in nature and is not specific to you. You shall be fully responsible for any consequences resulting from your use of the Site. The Site is not intended to replace professional advice, whether medical, legal, or otherwise. The Site is not designed or intended to constitute healthcare or medical advice or to be used for diagnosis. Any decision concerning your health, treatment and/or medication should be made in consultation with a qualified healthcare or medical professional. Please consult with your physician before making any decision regarding diagnosis and/or treatment. Online resources are not a substitute for the personalized judgment and care of a qualified healthcare or medical professional.

    NEURODEVNET does not guarantee the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information on the Site. While every effort is made to update the information, NEURODEVNET is providing this Site and the Materials on an “as is” basis and makes no representations or warranties of any kind with respect to the Site or the Materials. The Site may contain technical, typographical or other errors and should not be assumed to be error free.

    Periodically, the Materials may be changed without notice. NEURODEVNET reserves the right to not publish, or to remove any content that they deem in their sole discretion, to be inappropriate for the Site, for any reason whatsoever. NEURODEVNET assumes no obligation to update the Materials or advise on further developments concerning topics mentioned.

  5. Disclaimer and Limitation of Liability

    By using or attempting to use the Site, you expressly acknowledge that NEURODEVNET makes no warranties or representations regarding the contents of, and Materials available on, the Site.

    NEURODEVNET, and its officers, directors, employees, agents, and any other parties involved in the creation, production or delivery of the Site including the provision of the Materials hereby disclaim any responsibility and shall not be liable for any damages, claims, liabilities, costs or obligations including any direct, indirect, special, incidental, consequential or other damages (collectively the "Damages") whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the Site or the Materials whether such Damages arise in contract, tort, negligence, equity or statute law or by way of any other legal theory.

  6. User Accounts

    If you open a User Log In account to use the Site, you must complete the registration process by providing complete and accurate information requested on the registration form. You may be asked to provide a username and password.

    Where we offer you the ability to chose your own username(s) in connection with the Site, we will use reasonable efforts to assign such name(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any name that (i) has already been assigned, (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve name(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of another.  Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask you to select another name or terminate this agreement.

    You agree that you are entirely responsible for maintaining the confidentiality of your username and password and that NEURODEVNET and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.

    You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such other user and NEURODEVNET. You agree to notify NEURODEVNET immediately on any unauthorized use, theft or misappropriation of your account, username, or password by emailing us at info@neurodevnet.ca. NEURODEVNET shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

    You acknowledge and agree that you shall be responsible for each and every access, use or employment of this website (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that NEURODEVNET is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of the Site.

  7. Acceptable Use

    You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through the Site.  NEURODEVNET does not condone or allow spam. You agree that you will not use the Site to send unsolicited commercial or other e-mail.

    You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in anyway use, or permit to be used, the Site, to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.  You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation).  Although NEURODEVNET is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you.  You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Site.

    You agree that you will not attempt to, nor permit any third party to, enter restricted areas of NEURODEVNET's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.  NEURODEVNET may, without notice, temporarily suspend your, or any other party's, access to the Site, including without limitation, any specific areas hosted within the Site by deactivating any password(s) or links to the Internet if NEURODEVNET reasonably suspects that you, or any other parties, are obtaining unauthorized access to NEURODEVNET's other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as NEURODEVNET may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

  8. Choice of Law

    The Site is controlled, operated and administered by NEURODEVNET from within the Province of British Columbia, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia and because NEURODEVNET is a federally registered corporation, by accessing this website, you acknowledge and agree that all matters relating to access to or use of the Site shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily.

  9. Privacy

    NEURODEVNET is committed to maintaining confidentiality and personal privacy. NEURODEVNET has developed a Privacy Policy to describe our privacy policies and practices and how we collect, use, disclose and retain the personal information of individuals that visit the Site. Please see our Privacy Policy http://www.neurodevnet.ca/privacy for further details.

  10. Limitation of liability

    YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL NEURODEVNET OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN EVERY EVENT, NEURODEVNET'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS. THE CONSIDERATION BEING EXCHANGED HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR NEURODEVNET TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY NEURODEVNET, NEURODEVNET WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  11. Indemnification

    You agree to indemnify and hold NEURODEVNET harmless against all claims or liability asserted against NEURODEVNET arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

  12. Notice and Procedure for Making Claims of Infringement

    NEURODEVNET respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NEURODEVNET with a written communication addressed to our Executive Director, including substantially the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Site;
    • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Please address your letter to our Executive Director, as follows: Neurodevelopment Network (NeuroDevNet) 950 West 28th Avenue Vancouver, BC V5Z 4H4 Or by email: info@neurodevnet.ca Attention: Executive Director

  13. General

    Any failure by NEURODEVNET to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Your obligations under these Terms of Use will survive the termination of these Terms of Use, or of any license granted under these Terms of Use, for whatever reason. If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

    The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.

    Updated October 7, 2010