Terms & Conditions of Use
All of the information on the Site is provided for general informational purposes only.
This Site does not provide medical advice.
MEDICAL DISCLAIMER: THE CONTENT POSTED ON THIS SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DEFINITIVE STATEMENT CONCERNING THE MATTERS THEREIN ADDRESSED, OR AS MEDICAL, PHARMACEUTICAL, THERAPEUTIC, OR OTHER PROFESSIONAL OR EXPERT ADVICE, AND SHOULD NOT BE RELIED UPON AS SUCH. IN NO EVENT SHOULD SUCH CONTENT BE CONSTRUED AS A RECOMMENDATION OF ANY PARTICULAR COURSE OF TREATMENT, THERAPY, MEDICAL DEVICE, DRUG, PRODUCT OR SERVICE OR AS AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO SELL, ANY COURSE OF TREATMENT, THERAPY, MEDICAL DEVICE, DRUG, PRODUCT OR SERVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR TO OBTAIN ADVICE ON ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE CONTENT, SERVICES OR PRODUCTS AVAILABLE OR DISCUSSED ON THIS SITE OR ANY LINKED SITE IS INTENDED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT.
This Site may contain health-related or medically-related materials that are explicit. If you find these materials offensive, you may not want to use our Site.
The Site and the content provided are on an "as is" basis. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Sleep Country. As such, Sleep Country assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.
You may be issued or you may create a user name and password (collectively, your “account”) in order to access certain sections of this Site and/or certain products and services available through this Site (the “Products” and “Services” respectively). You are responsible for maintaining the confidentiality of your account, and for all activities that occur through the use of your account. You agree to: (a) immediately notify Sleep Country of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sleep Country will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
Viewing Videos on Sleep Country's Site
The material contained in videos on the Site is intended for informational and educational purposes only. Please be advised that users are cautioned as some videos may contain explicit and/or graphic images of medical procedures and treatment that may be inappropriate for certain audiences. By accessing the video, you acknowledge and fully understand that it is for informational and educational purposes only.
The views and opinions of authors expressed in the video do not necessarily state or reflect those of Sleep Country or (in the Sleep Health Section of the Site) the Centre for Sleep Health and Research at the University Health Network and they may not be used for advertising or product endorsement purposes.
Specific medical advice will not be provided. Sleep Country urges you to consult with a qualified physician for consultation, diagnosis and/or treatment plans with respect to your medical condition(s). It is not the intention of Sleep Country or the Centre for Sleep Health and Research at the University Health Network to provide specific medical advice through video, but rather to provide users with information to better understand their health and their diagnosed disorders.
Use of Materials
You may print or have printed by a third party any downloadable material contained on this Site provided that the following three conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. In addition, if you print material from the Sleep Health section you must include the following copyright notice: "Copyright © 2010 University Health Network. All rights reserved."
Except as expressly provided herein, this Site (including the “Sleep Health Section”) and the content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of Sleep Country, the University Health Network (in the case of the “Sleep Health Section”) or as outlined herein. Prohibited conduct includes, without limitation:
- modifying, translating, reverse engineering, decompiling, disassembling this Site, the content or any part thereof;
- renting, leasing, sublicensing or transferring any rights in this Site or the content;
- removing any proprietary notices or labels on this Site or the content;
- violating, plagiarizing or infringing on the rights of Sleep Country, the University Health Network or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
- any unauthorized use of the content (including use on any other website or networked computer environment); and
- engaging in any conduct which Sleep Country or the University Health Network, in their sole discretion, determines to be detrimental to their respective interests, including, without limitation, acting or failing to act in a manner contrary to any provision herein, or intentionally interfering with the website or Sleep Country's computer systems.
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
Copyrights, Trademarks and Other Proprietary Rights
The content of this Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, is the property of Sleep Country, the University Health Network (in the case of content on the “Sleep Health” section of the Site) and their respective affiliates or licensors ("Proprietary Materials") unless otherwise noted. Proprietary Materials are protected by the laws of Canada and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from any Proprietary Materials. You may not display, reproduce, distribute, communicate, perform, modify, transmit, or otherwise use Proprietary Materials in any way for any public or commercial purpose without the prior and express written consent of Sleep Country or, in the case of Proprietary Materials on the “Sleep Health” portion of the Site, from the University Health Network.
Links to Other Sites
This Site contains links to third party websites. Sleep Country shall have no responsibility or liability to you in connection with third party websites accessible by links posted on this Site (“Linked Sites”). Access to Linked Sites is at your own risk and Sleep Country is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. Sleep Country provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by Sleep Country.
Sleep Country may, in its sole discretion, terminate or suspend your access to all or part of this Site, the content and/or any products or services for any reason, including, without limitation, your breach of the Terms or transmission of any unsolicited advertising materials.
You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this Site. Transmission of such material shall constitute a material breach of the Terms. Sleep Country does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Sleep Country or the administrators of this Site, in their sole discretion. Users remain solely responsible for the content of their submissions.
By submitting content to any area of this Site, you grant Sleep Country and its affiliates a royalty free perpetual, irrevocable, transferable, non exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of this Site to access, display, view, store and reproduce such content for personal use.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY. SLEEP COUNTRY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SLEEP COUNTRY, THE UNIVERSITY HEALTH NETWORK NOR THEIR RESPECTIVE AFFILIATES, LICENSORS OR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, SHALL BE LIABLE TO YOU FOR ANY DAMAGES, HARM OR INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT SLEEP COUNTRY, THE UNIVERSITY HEALTH NETWORK OR THEIR RESPECTIVE AFFILIATES, LICENSORS OR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Sleep Country, the University Health Network and their respective affiliates, licensors, directors, officers, employees, and agents from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorney's fees), arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another person or entity, and from your breach of these Terms.
This Site describes products and services that may be available from time to time in Canada. References to a particular product or service on the Site do not imply that Sleep Country or its affiliates intend to make such products or services available in all countries. The Terms and your use of this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under the Terms shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Sleep Country in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of the Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of any such provision or any other provision. The Terms constitutes the entire agreement between you and Sleep Country in connection with your use of this Site. Your use of this Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Sleep Country other than that of independent contractors.
Sleep Country is responsible for the personal information that it collects, uses, maintains and discloses. To ensure this accountability, we have developed this policy, and trained our staff about our policies and practices.
Personal information is any information that identifies you, or by which your identity could be deduced. It does not include your name (in your capacity as an employee of an organization), business address, business title or business telephone number. (is your name not personal info - just to clarify, a couple of paragraphs down this info. is described as personal info?)
Types of Information Collected
This Site collects from and uses information about its users. This information falls into a number of different categories:
The Site automatically collects certain user information which is customarily logged by Internet servers, such as the Internet Protocol ("IP") address through which you access the Internet, the date and time you access this Site and the Internet address of the Web site from which you linked directly to this Site ("User IP Information").
The Site may use "Cookies", which are small data files that are placed on an individual user's computer hard drive to enable the user to more easily communicate and interact with the Site. The Site may collect user information which does not allow identification of you, such as buying preferences or age; this information is also known as demographic or profile data ("User Anonymous Information"). User Anonymous Information is generally provided to Sleep Country by users on an optional basis.
The Site may collect users' Personal Information such as your name, address, phone number and email address. The collection of Personal Information may be through various means, such as submissions, contests and communications to the Site and postings to bulletin or chat areas, if any. We may aggregate or anonymize Personal Information (by removing information which could identify an individual user) in order to create User Anonymous Information.
Why and How the Site Collects and Uses Information
The reason for the collection of information on the Site and uses which are made of the information which is collected depends on the nature of the information.
User IP Information is used to measure the number of visitors to the different sections of this Site, and to help us make this Site more useful to the users. For example, we collect your IP address to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.
We may use User IP Information, Cookie information or User Anonymous Information collected on and through this Site to improve our Site, to personalize your experience on the Site and to send you information that may be of interest to you. This information may also be used for statistical purposes or to evaluate what portions of the Site are more popular than others, determine where visitors came from, and where they go, and how long visitors stay on a particular page, or on the Site in general.
Under certain circumstances, Sleep Country will disclose your Personal Information:
- when we are required our authorized by law to do so, for example if a court issues a subpoena;
- when you have consented to the disclosure;
- when the services we are providing to you require us to give your information to a third party your consent will be implied, unless you tell us otherwise;
- where it is necessary to establish or collect amounts owed to us;
- if the information is already publicly known.
Sharing of Personal Information
Sleep Country may disclose Personal Information to business partners and other third parties that it believes may provide offers that may be of interest to you. In order to make the Site more enjoyable for visitors, Sleep Country constantly strives to learn how users use the Site. As a result, Personal Information may be transferred to one or more third parties such as data processors, website optimization consultants, fulfillment agencies, or advertising agencies, for processing relating to these purposes.
Personal Information collected on the Site may also be disclosed to a purchaser of all or some of Sleep Country's assets or business and the purchaser's professional advisors provided that such advisors are under an obligation of confidentiality and the purchaser continues to use the Personal Information for the same purposes for which consent was obtained.
By using this Site, you consent to the collection, use and disclosure of your Personal Information collected through the Site for these purposes. If you do not agree to these purposes, then, please exit the Site.
You always have the ability to refuse to consent to the collection, use or disclosure of your Personal Information. In order to do, you should contact Sleep Country by one of the means set out below. In some circumstances (such as contests, promotions or the purchase of goods or services), opting out may prevent us from dealing with you.
Access to Personal Information
Upon request, Sleep Country will provide an individual with details of any Personal Information about him or her, which Sleep Country has in its possession or control.
Your rights to access your Personal Information are not absolute.
Sleep Country may deny access when:
- denial of access is required or authorized by law;
- when granting you access would have an unreasonable impact on other people's privacy;
- to protect our firm's rights and property;
- where the request is frivolous or vexatious.
If Sleep Country denies your request for access to, or refuses a request to correct information, Sleep Country shall explain why.
Updating Your Information
Since Sleep Country uses your Personal Information to provide services to you, it is important that the information be accurate and up-to-date.
If any of your information changes, please inform Sleep Country so that we can make any necessary changes.
If Sleep Country holds information about you and if you can establish that it is not accurate, complete and up-to-date, Sleep Country will take reasonable steps to correct it.
Retention of Personal Information
Sleep Country keeps your personal information as long as is reasonably necessary for it to complete its dealings with you, or as may be required by law, whichever is longer.
Contacting Sleep Country
Sleep Country can be contacted by mailing:
Executive Assistant to the President
140 Wendell Avenue
North York, ON
Or by email
Keeping Your Personal Information Secure
Sleep Country uses commercially reasonable steps to keep any Personal Information, which it collects about you, secure from unauthorized access, deletion or alteration, but, as with any communication of Personal Information over the Internet, there is a risk that data will be intercepted or otherwise interfered with by third parties. Sleep Country will have no liability to you if your Personal Information is intercepted or otherwise interfered with by third parties while it is in transit over the Internet. You should take precautions to ensure that your Personal Information is not accessed by others; such precautions include the use of passwords and encryption and turning off your computer when you are finished using it.
© 2010 Sleep Country Canada. All rights reserved.