Use and Restrictions
Except as set forth herein, You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, display, post, disseminate, distribute, publish, broadcast, transfer, transmit, perform, create derivative works from, sell or sublicense the Content without the express written consent of Chartwell. These prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
Chartwell is not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, the Website or any Content rests with You. You further agree that Chartwell shall 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 Website or any Content.
Intellectual Property Rights
The Website is owned and operated by Chartwell. The Website and all of the Content are, and at all times remain, the property of Chartwell, its affiliates or third-party licensors. The Website and all of the Content are protected by Canadian, United States and international intellectual property laws. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by Chartwell may be subject to additional restrictions.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of Chartwell (the “Chartwell IP”) or third parties (the “Third Party IP”). Chartwell is, and at all times remains, the sole owner of the Chartwell IP. The display of the Content, the Chartwell IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the Chartwell IP or the Third Party IP. Use of any of the Content, the Chartwell IP or the Third Party IP, without the prior written consent of Chartwell, is strictly prohibited.
Third Party Websites and Content Linked to the Website
The Website may contain links to third party websites or content posted on third party websites (the “Links”). Chartwell provides the Links only as a convenience to help You identify and locate other Internet resources that may be of interest.
You acknowledge that in providing the Links Chartwell:
- does not endorse any third party website or content accessible via the Links;
- does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website or content;
- does not make any representation or warranty of any kind regarding the Links;
- is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
- is not responsible, 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, any of the Links.
You agree that You are solely responsible for:
- taking all protective measures to guard against viruses and other destructive elements;
- abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
- evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website on Third Party Websites
If You want to include a link to the Website on your website (the “Third Party Link”), You must:
- provide Chartwell with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
- obtain the prior written consent of Chartwell to establish the Third Party Link and abide by any terms and conditions required by Chartwell as part of its consent.
Chartwell may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to You. Upon exercise of this right by Chartwell, You must immediately remove all of your links to the Website. If You refuse or neglect to remove all of your links to the Website, You acknowledge that such refusal or neglect will result in immediate and irreparable damage to Chartwell and that Chartwell shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
Chartwell is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
Registration, Account and Password
Access to certain Content on the Website may require registration or subscription. Should You choose to register or subscribe for any such 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 as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which You choose or are assigned as a result of any registration or subscription process; and
- all activities that occur under your account or password.
You further agree to:
- notify Chartwell immediately of any unauthorized use of your password or account; and
- ensure that You log out of your account and close your browser window upon completing your use of the Website.
Content Supplied by Users
The Website may provide various services that permit You and other users to submit, upload, post or otherwise make available, and/or store, Content on the Website and that may or may not be viewed by You or other users.
You agree not to upload, post, e-mail, store or otherwise transmit any Content that:
- defames, libels, abuses, harasses, threatens or otherwise violates the legal rights, including privacy rights, of third parties;
- is protected by intellectual property rights owned by third parties without the express permission from the owner or rights holder;
- harvests, solicits or collects passwords or personal information;
- contains a virus or other harmful component or creates a virus or other harmful component;
- is false or misleading, impersonates another individual or entity or implies an affiliation with, or endorsement by, Chartwell;
- contains advertising or which engages in commercial activities and/or sales; or contains promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
As a condition of transmitting Content to the Website, you agree that:
- You acknowledge that the Website is not a secure medium for communication except where indicated;
- You grant to Chartwell a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, advertise, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- You shall not assert any ownership right of any kind in Your communications and Content (including, without limitation, copyright, trade-mark, patent, unfair competition, moral rights, or implied contract);
- You are solely responsible for Your Content and You acknowledge that You, not Chartwell, have full responsibility for Your communications and Content including but not limited to, its legality, reliability, appropriateness, originality and copyright ownership;
- Chartwell may, in its sole and absolute discretion, choose to remove or not to remove any Content once posted and/or stored by users on the Website without notice, without cause and for any reason;
- Chartwell may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Chartwell’s discretion, Chartwell will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website;
- You agree to pay for all royalties, fees, damages and any other monies owing any third party by reason of any posting and/or storage of Content by You on the Website;
- You hereby waive the right to receive any financial or other consideration in connection with Your communications and Content including, without limitation, acknowledgement of You as the source of such communications and Content;
You agree that:
- All of Your reviews and ratings will either be based upon (i) Your actual first-hand experiences with Chartwell’s properties and services You are reviewing or (ii) an individual’s first-hand experience and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of such individual;
- All of Your reviews and ratings of Chartwell’s properties and services will be accurate, honest, truthful, and complete in all respects;
- If You are a current or former director, officer, manager, agent or any other employee of Chartwell, You will disclose this fact when you review or rate;
- You will not submit reviews that comment on other users or the reviews of other users;
- Chartwell reserves the right to change, comment on, remove or delete any rating or review on its Website that Chartwell deems, for any reason and in its sole discretion, to be necessary;
- The reviews and ratings that You provide do not reflect the views of Chartwell, its directors, officers, managers, agents, or other employees.
Content provided by third party users
Chartwell Master Care LP makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of third parties (“Third Party Content”) and disclaims any liability arising out of or relating to this Third Party Content and the information contained herein. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this website.
You expressly understand and agree that:
- The Content and the Links are provided for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
- The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, either express or implied.
- Chartwell, does not make any, and to the maximum extent permitted by law expressly disclaims all representations, warranties, covenants and conditions, express or implied by operation of law or otherwise, with respect to the Website, the Content and/or the Links, including, without limitation:
- Warranties or conditions of title and non-infringement;
- Implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
- Warranties or conditions that the Content will be useful or meet your requirements or expectations that the Content or Website will be available, uninterrupted, timely, secure, error free, or free of defects, computer viruses or other harmful components;
- Warranties or conditions as to privacy or security; and
- Warranties or conditions arising from any course of dealing, course of performance or usage of trade, with respect to the website, the content or the links.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL CHARTWELL, OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
Your Representations and Warranties
You represent and warrant that:
- You are an individual and have reached the age of majority in the jurisdiction in which You are resident.
- You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
- The posting and/or storage of your Content on the Website does not violate the privacy rights, publicity rights, trade-mark rights, copyrights, contract rights or any other rights of any third party.
You agree to defend, indemnify and hold harmless each of Chartwell, its affiliates and each of their respective directors, trustees, officers, employees, and agents from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
- your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links.
Changes to the Website
Choice of Law
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of law principles. Chartwell and You each agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
Changes & Termination
Chartwell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, You acknowledge and agree that Chartwell may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
- your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
- any of your registrations or subscriptions with the Website.
Upon suspension or termination, Chartwell may remove and discard any Content related to You or your use of the Website and You must discard any link You maintain from your website to the Website. You agree that Chartwell will not be liable to You or any other individual or entity as a result of any such suspension or termination.
Chartwell Master Care LP
Attention: Legal Department
Address: 7070 Derrycrest Drive, Mississauga Ontario L5W 0G5