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DementiaGuide.Inc 2006
Terms and Conditions of Use

This document contains a legally-binding agreement that governs your use of the Website and any services offered through the Website.
Please read these Terms and Conditions of use carefully.

DementiaGuide.ca and the SymptomGuide is not a substitute for assessment, diagnosis, and treatment by qualified healthcare professionals. The content provided in the Website is designed for you to use in conjunction with appropriate professional health care. Information provided by use of the SymptomGuide service is meant to be interpreted by a properly qualified healthcare professional. Your use of the DementiaGuide.ca website (the "Website") or the SymptomGuide software ("SymptomGuide") does not create or imply any type of patient-physician relationship.

The Website and SymptomGuide are services of DementiaGuide Inc. ("DementiaGuide" or "we" or "us")

Grant of rights to use SymptomGuide
Subject to the terms and conditions set out in this document, you are granted a limited license to use the SymptomGuide in browser-based executable form for use by you over an Internet connection.

You may:

1. use the SymptomGuide on an Internet connected device.

You may not:

1. copy or distribute the SymptomGuide or any documentation (including policies/procedures/user manual) which accompanies the SymptomGuide or may have been provided to you in connection with your use of SymptomGuide.
2. sublicense, rent or lease any portion of the SymptomGuide
3. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code or resources of the SymptomGuide, or create derivative works based on the SymptomGuide.

In addition, you agree that:

1. You shall not disguise the origin of information transmitted through the Website, nor shall you disguise your origin or the origin of the computer or Website by which you connect to the Website;
2. You will not place false or misleading information on the Website;
3. You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by DementiaGuide;
4. You will not input or upload to the Website or submit any information or data which contains viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or content or that infringes the rights of another, including intellectual property rights;
5. You may not use or access the Website in any way that, in DementiaGuide's judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website.


Your consent
By visiting the Website and/or by subscribing to SymptomGuide, you are indicating your agreement with these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the Website or subscribe to SymptomGuide.

We may revise these Terms and Conditions at any time. It is your responsibility to check whether there have been any changes to these Terms and Conditions and your continued use of the Website will indicate that you accept such changes.

Ownership of Website content
All content of the Website (title, ownership rights and intellectual property) is owned by DementiaGuide Inc. or its licensors and is protected by Canadian and international copyright laws. You may print or save reasonable quantities of content for your personal, non-commercial purposes only. No modification or further reproduction of the content is permitted.

Privacy
All collection, use or disclosure of your personal information by DementiaGuide.ca or by SymptomGuide is governed by the DementiaGuide Privacy Statement. Please see our Privacy Statement below for more details.

Third-party links
The Website may contain links to third-party websites and other resources that are not controlled by or hosted by DementiaGuide.ca. Any such links do not imply any endorsement of the content on any third-party websites, or in books and other resources. We are not responsible for the content of linked third-party sites, books and other resources and we do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk.

Passwords
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify DementiaGuide.ca of any unauthorized use of your password or account or any other breach of security. It is your responsibility to control access and monitor use of your account and password, and to inform us if you need to change a password.

Payment
Your payment fee will be charged automatically to your credit card. There are no refunds, nor are there any cancellation fees.

Disclaimer of Warranty
DEMENTIAGUIDE MAKES NO REPRESENTATIONS WITH RESPECT TO THE WEBSITE AND SYMPTOMGUIDE, INCLUDING ANY REPRESENTATIONS RELATED TO RESULTS THAT MAY BE OBTAINED BY USING THE WEBSITE. ALL USE OF THE WEBSITE IS AT THE SOLE RISK OF THE USER.

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND DEMENTIAGUIDE DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEXT EXTENT PERMISSIBLE BY LAW, INCLUDING IMPLIED AND/OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. DEMENTIAGUIDE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR) THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. NO WARRANTIES MAY BE MADE IN RELATION TO THE WEBSITE OR ITS CONTENTS EXCEPT AS CONTAINED IN THESE TERMS OF USE.

YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.


Limitations of Liability
DementiaGuide.com, its licensors or its contractors, shall have no liability for claims by, or damages of any kind to a user of the Website (or any other person) for decisions or actions taken based on information provided in the Website. Such damages include, without limitation, damages for personal injuries, emotional distress, and other non-monetary loss, as well as direct or indirect damages. By using the Website you are agreeing to the provisions of this disclaimer and you waive all claims against DementiaGuide.com that may arise in connection with your use of the Website, or the information contained in it.

Indemnity
You agree to use the SymptomGuide to enter and transmit only those materials and data for which you have the necessary copyright permissions and/or clearances.

You agree to indemnify, and hold DementiaGuide Inc., its officers, directors, employees, licensors, and contractors, harmless from any claims, actions or demands, liabilities and settlements including without limitation, legal and accounting fees, arising out of or relating to (i) any claims that you have entered and/or transmitted materials and/or data in violation of another party's rights, and (ii) your violation of these Terms and Conditions.

Jurisdiction and Forum

Your use of the Website and these Terms of Use shall be governed by and construed in accordance with the laws in force in the Province of Nova Scotia, Canada, excluding (a) its conflicts of law rules and (b) the United Nations Convention on Contracts for the International Sale of Goods (including all related protocols). You expressly agree that any dispute, claim or action related to your use of the Website or under these Terms of Use shall be resolved by arbitration under the Commercial Arbitration Act (Nova Scotia) by a single arbitrator sitting in Halifax, Nova Scotia, in the English language and you further agree and submit to the exercise of personal jurisdiction of such arbitrator(s) for the purpose of litigating any such claim or action.

Notwithstanding any provision of this section of the Terms of Use, we shall be free to seek interim or injunctive relief before any court of competent jurisdiction for a breach or a threatened breach of any provision of these Terms of Use that may, in our absolute discretion, require an urgent remedy. For the purposes of the foregoing, you expressly attorn to the jurisdiction of the courts of the Province of Nova Scotia and the Federal Court of Canada sitting in Halifax, Nova Scotia and waive any claim or defence of inconvenient forum.

Compliance with Law

You agree to use the Website in strict compliance with all applicable laws and regulations and in a fashion that does not, in the sole judgment of DementiaGuide, negatively reflect on the goodwill or reputation of DementiaGuide.

Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND DEMENTIAGUIDE, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND DEMENTIAGUIDE WITH RESPECT TO YOUR USE OF THE WEBSITE AND SYMPTOMGUIDE. THIS VERSION OF THE TERMS OF USE SUPERSEDES ALL PREVIOUS VERSIONS OF THE TERMS OF USE, AGREEMENTS, DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.


Termination

You agree that we, in our sole discretion, may terminate or suspend your use of the Website and Content at any time regardless of whether the Website remains accessible by others. Accessing the Website after being given notice of such termination shall constitute an act of trespass and may constitute unauthorized use of a computer system pursuant to the Criminal Code of Canada.


Privacy Statement

DementiaGuide Inc. maintains high standards for the protection of privacy over the internet. We value the importance of protecting your privacy, and your personal information.

Personally Identifiable Information (personal information) is information about you or information that can be used to identify or contact you. This Privacy Statement will explain the ways your personal information is collected, and how it is protected and used. If you visit the Website or subscribe to SymptomGuide, you agree to the terms and accept the provisions of this Privacy Statement.

Visitors to the Website (non-subscribers)
The only information DementiaGuide Inc. obtains about visitors to the Website is information supplied voluntarily by the visitor. This means that you can visit our site without telling us who you are or revealing any information about yourself. To gauge the effectiveness of our site, we do collect some generic information about our visitors. Our servers automatically recognize a visitor's domain name (the portion of your computer's address that ends in .com, .edu, etc), the web page from which a visitor enters our site, which pages a visitor visits on our site, and how much time a visitor spends on each page. We aggregate this information and use it to evaluate and improve the Website.

The Website may use "cookies" to improve our level of service to visitors. Cookies are lines of text that are transmitted to your web browser when you click on a site. Your browser stores the information on your hard drive and when you return to that site later, the cookie is transmitted back to the server that originally sent it to you. Cookies provide a way for a server to recall a previous request or previous registration, or to keep track of a transaction as it progresses, so that information does not have to be repeated. To be notified when you are about to receive a cookie you can configure your browser to alert you when a site is attempting to send you a cookie and at that time you will have the option of refusing the cookie. You can check your hard drive for cookie files on the "cookies.txt" file on your PC's hard drive, or under "magic cookies" on a Macintosh.

Personal Information
We do not use personal information that you provide for any other purpose except to provide you with an accessible, easily updated means of collecting and storing information.

Users of SymptomGuide use passwords that should be known only by them. Never share your password with anyone else.

When you subscribe to SymptomGuide, we collect only the personal account information that you provide. We use the account information that you provide to customize your interactive use of SymptomGuide, to manage your payment, to respond to e-mail from you, and to inform you of significant changes to this Privacy Statement.

When you use SymptomGuide, we collect only the personal health information that you enter to create a Care Profile of symptoms. This information is used to track and report changes in symptoms over time. This individualized information is all private and we do not use this information for any purpose other than to provide you with the SymptomGuide service.

Disclosure of Personal Information to outside parties
We do not give or sell your name to other companies under any circumstances. We do not disclose the personal information provided to us to anyone outside of DementiaGuide Inc. unless you specifically authorize it, it is required by law, or disclosure is necessary to protect the safety of customers, employees or property.

Disclosure of aggregate information
We may share aggregate data for the purpose of advancing research on dementia, and to enhance/further develop SymptomGuide for subscriber use. The data that we provide for research purposes will always be presented in an aggregate manner, without any information that could be used to identify individuals or subscribers' personally. This means that no one can identify any individual subscriber or personal information within those collective data.

Links to other websites
The Website includes links to other websites. This privacy statement applies only to DementiaGuide.com. We are not responsible for the privacy practices of the linked sites, and disclaim all responsibility and liability for privacy issues that may arise from those sites. We encourage you to review the privacy statement of every website that you visit.

Disclosure of Personal Information to Website service, maintenance and development contractors
These contractors provide us with technology and services related to operation, maintenance and ongoing development of the Website. Access to Personal Information by these contractors is strictly limited to the billing information you provided by subscribing to SymptomGuide. They will have no access to the personal information you have stored, nor will they be able to match up your account information with any other personal information about you. We also require that our contractors protect the privacy of your personal information consistent with this Privacy Statement, and do not use or disclose your personal information for any purpose other than providing us with products and services.

Our internal practices for handling personal information
We have a security policy that includes technical safeguards and a code of conduct for employees who have access to our subscribers' identifying information. Only a limited number of authorized employees have access to the account information you provide. Access by authorized employees is strictly controlled by several layers of security protocols, including administrative level user accounts with authenticated passwords. No employee has access to the personal health information you enter to track symptoms and create a Care Profile.

To ensure that our privacy practices are met by employees, they are trained in the importance of privacy in all aspects of their work, and sign appropriate confidentiality pledges.

Adherence to industry standards
We comply with select industry standards for protecting Internet users' privacy. We internally review our compliance with those standards on a periodic basis.

Security technology
We use state of the art technology to protect your data from outside parties. To ensure the most effective protection of your personal information, we regularly test and update these technical safeguards.

Third Party Risk
Although we will make every reasonable effort to protect your Personal Information from loss, misuse, or alteration by third parties, there is always a certain level of risk involved in transmitting information over the Internet. Likewise, there is some risk that thieves or hackers could find a way to defeat our security systems. As stated in the Disclaimer of Warranty above, DementiaGuide Inc. assumes no responsibility for the loss or misuse of data.

Emails
We do not send unsolicited "junk" email (spam). We may use email to communicate with our users, to respond to visitors' emails, to confirm subscriber accounts, and to send information requested. If you receive an unwanted email from us, you can simply reply asking not to receive future emails.

Minor children and adolescents
The Website is not designed or intended to attract children or adolescents under the age of 18. We do not collect personal information from users we know to be under the age of 18, nor do we allow them to subscribe to SymptomGuide.

Access to your personal information

You have the right to review any of your personal information in our possession, subject to limitations allowed by law. If you wish to obtain access to your own personal information, or if you have any questions about our personal information handling practices, please contact the DementiaGuide privacy officer.

If your personal information is incorrect, you may ask that we correct it.

Evolving privacy policies
Industry standards relating to personal information are subject to continual development. As a result, this means that from time to time, we may make changes to our Privacy Statement.

We will update our Privacy Statement continually to ensure that you are aware of developments in this area; or, we will notify you by e-mail of any significant changes that require your consent to any new uses of your personal information if it was collected from you prior to a significant change in our policy. Although we will not inform you personally about non-significant changes, you may check the Privacy Statement at any time.

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Last updated December 12, 2014
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