General

Welcome to the MAX Ottawa website (the “Site”). The Site is owned and operated by the Ottawa Gay Men’s Wellness Initiative operating as MAX Ottawa (“MAX”) and administered by its third-party service providers.

Please carefully review the following Terms of Use concerning your use of this Site. By using this Site, you agree to these Terms of Use and agree to the terms of the MAX online Privacy Statement. MAX reserves the right to change these Terms of Use from time to time at its sole discretion. These Terms of Use apply to all visits to the Site, both now and in the future. These Terms of Use represent the entire understanding relating to the use of the Site, and prevail over any prior or contemporaneous, conflicting or additional, communications. You should make sure that you read and understand these Terms of Use and the Privacy Statement.

Use of Site

This Site is for personal interest use only.

The contents of the Site are not intended to replace or substitute the advice of your physician or other qualified healthcare professional. You should speak with your physician or other healthcare professionals for information regarding any health-related questions. Absolutely no information contained or accessible through the Site should be construed as taking the place of your physician’s, or other healthcare professional’s advice. MAX is not responsible for any reliance or decisions made by you based on the information available on or through the Site.

DO NOT USE THIS INFORMATION TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE SITE.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Intellectual Property

MAX Ottawa and the MAX Ottawa logo are common law trademarks (the “Marks”) of the Ottawa Gay Men’s Wellness Initiative in Canada. You are not permitted to use the Marks without the prior written consent.

All other marks and names mentioned herein and on the Site may be trademarks of their respective organizations.

All material available through the Site including, but not limited to, pictures, designs, logos, text, names, trademarks, trade names, product and clinical information (collectively, the “Content”) and all intellectual property rights therein, are owned, controlled, or licensed by MAX or other individuals or organizations and are protected by worldwide intellectual property laws. You may use Content for your personal use for non-commercial purposes but no modification or further reproduction of Content is permitted. The Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances without the express written permission of MAX or the respective owner of such Content, as applicable. All other rights reserved. Except as expressly provided above, nothing contained herein shall be construed as conferring upon you any license or right in the Content.

Except where otherwise specified, the contents of this Site are copyright © of the Ottawa Gay Men’s Wellness Initiative. All rights reserved. The contents of this Site are subject to protection under Canadian copyright laws. You may not copy or distribute any portion of this Site, except as necessary to view this Site.

Links to Third-Party Websites

This Site may provide links to third-party websites for your convenience and information. MAX does not endorse any third-party websites, nor does the inclusion of any link imply any such endorsement. If you access those links, you will leave this Site. MAX does not control those sites and MAX is not responsible for the contents of any third-party websites, any links contained in third-party websites, any changes or updates to third-party websites, or their privacy practices, which may differ from those of MAX. The personal data you may choose to give to such third-party websites is not covered by MAX privacy policies. MAX encourages you to review the privacy policy of any company or organization before submitting your personal information.

Restrictions

While using the Site, you agree not to: (i) interfere with other users’ use of the Site; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate or misrepresent your affiliation with any person or entity; (v) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third-party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

MAX reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Site, including without limitation, taking legal action, or suspending or terminating your access without notice.

Disclaimer of Warranties

THE SITE, INCLUDING ANY PERSONAL INFORMATION ACCESSED THROUGH THE SITE, OR ANY OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MAX does not warrant the accuracy or completeness of any personal information or any other content accessed through the Site. Information that is periodically updated may not be current at the moment you visited the Site and may contain errors.

MAX makes no warranty that the Site will meet your requirements; that these services will be uninterrupted, timely, secure or error free; that messages or requests will be delivered; that defects will be corrected; or that the Site is free of viruses or other harmful components.

Your use of the Site and the content is at your sole risk. You are responsible for verifying any personal information or other content before relying on it. For greater certainty, you agree that all risk associated with the use of, or reliance on, any content of the Site, rests with you. You further agree that MAX will 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, any content of the Site.

No Liability

In no event will MAX be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, punitive, and consequential damages arising out of the use, inability to use, or the results of use of the Site, any websites linked to the Site, the content of the Site or the information accessible on the Site or websites linked to the Site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. To the extent permitted by law, in no event will MAX or any other party involved in creating, producing, or delivering the Site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon the personal information accessible or content provided through the Site.

Indemnification

You agree to defend, indemnify and hold harmless MAX, its affiliates, officers, directors, employees, volunteers, agents, representatives and service providers, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms of Use; (b) your access to, use of or reliance upon the Site, or the content of the Site; or (c) your infringement of any intellectual property or privacy rights of any person.

Miscellaneous

These terms and conditions contained herein represent the entire agreement between MAX and you. By using the Site, you agree that any disputes arising from your use of the Site shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada.

The section titles are for convenience only and have no legal or contractual effect.

MAX adheres to a strict Anti-harassment, Discrimination and Violence Policy. We will not tolerate any deviations from the policy. Please contact us if you would like to review the policy.

If you have any questions about these Terms of Use, please contact MAX at: info@maxottawa.ca

Disclaimer

Although MAX has attempted to provide accurate information on this Site, information on this website may contain technical inaccuracies or typographical errors. The contents of any documents on this website are believed to be current and accurate as of their publication dates. MAX assumes no responsibility for the accuracy of the information. MAX may change the programs or products mentioned at any time without notice. Mention of non-MAX services is for information purposes only and constitutes neither an endorsement nor a recommendation.

MAX’s Social Media Disclaimer

Please read below to understand how we conduct ourselves on the internet, and how you can expect us to respond to various interactions that may occur online. If you have any questions about the policies outlined here, we encourage you to contact us to discuss them.

Following: MAX has a number of social media profiles which we encourage people to follow (Facebook page, Instagram, direct chatting apps, etc.). Each of our employees or volunteers may also have their own social media profiles. It is up to the discretion of each employee or volunteer to accept any followers, friend requests, or messages.

Confidentiality: You are responsible for any content that they decide to post publicly or privately on social media. We strongly advise from posting personal concerns or health issues on social media websites. Any reports of potential self-harm or harm to others may have to be reported as appropriate.

These Terms of Use were last updated on September 2018.

https://maxottawa.ca/terms-of-use/