Patient Critical Co-op Membership Terms and Conditions (“Terms”) Last Updated January 5, 2018
Human Readable Summary
Patient Critical (“Patient Critical Co-op”, “The Co-op”, “The site”) is run by individuals authorized by its board of directors, on behalf all members. The opinions expressed are our own or those of our contributors. We are not lawyers or doctors and our advice is offered for educational and personal purposes only. We may get some things wrong. Please tell us if we do. We will not share any of your information unless it you first declare such information release is offered or accepted, or by your actions on the site you choose to offer it publicly yourself. You indemnify the site from and against any and all actions, claims, losses, damages, liabilities and expenses. Links to third party sites are provided for convenience only, and are not to be construed as an endorsement or recommendation. Please use common sense, humor and compassion when considering or sharing all information we provide here as a public service
The Site includes direct communications between you and Patient Critical Co-op, other Patient Critical Co-op site-users, as well as in any “Community Discussion,” which includes web-based community discussion, group email messages, discussion archives, and other communications among users on any associated web platform identified as owned or maintained by Patient Critical Co-op.
Acceptance of Terms
Updates to these Terms
We may modify these Terms at any time, although we expect that most changes will be only editorial in nature or reflect changes in the services we offer. It is your responsibility to check the Terms periodically for changes. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new or revised Terms.
However, in the unlikely event that we would ever make material changes in these Terms that would disadvantage you, we would ask you to consent to the new Terms before they applied to you. If you did not consent, many of the features offered by the Site would be unavailable to you.
The date of the last update to these Terms is stated at the beginning of this document.
Patient Critical Co-op Membership
Though much of the information provided will be relevant in other countries and healthcare systems, the information is designed with Canadian healthcare participants in mind. Therefore membership in the Co-op is restricted to Canadian individual citizens, legally of sound mind and over the age of eighteen years.
No Practice of Medicine
You understand and agree that we are not engaged in the practice of medicine, either through the Site or any associated communications or services, and that the Site is not a substitute for professional medical advice, diagnosis, or treatment. The Site is provided for informational purposes only and is provided “AS IS.” You are encouraged to seek professional diagnosis and treatment for medical conditions. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE.
We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Site or on links reached through the Site.
We have no control over any research studies, treatments, products or services described on the Site, and we cannot guarantee the accuracy of information about any research studies, treatments, products or services described on the Site. We are not liable for cancelled or unavailable research studies and opportunities you may have been made aware of through the Co-op, your inability to participate in a research studies and opportunities, or any consequences resulting from your participating or not participating in research studies or opportunities you may have been made aware of through the Co-op. Further, we have no control over and cannot guarantee any results from your participation in focus groups, medical data analysis or any other use of the information you submit through the Site, whether accessed by the Co-op, a customer or any other third party.
Eligible Users of the Site
You must be at least 18 years old and legally competent to use the Site. Your use of the Site constitutes your acknowledgement of this condition and representation that you are eligible to use the Site.
The Site is intended primarily for Canadian users. If you are not a resident of Canada, we make no claim that information on the Site is appropriate or permissible in your country. Products and clinical studies discussed on the Site may have different product labeling and disclosure requirements in different countries.
Privacy and Protection of Personal Information
User Content and Community Discussion Services
“User Content” is content or information (including text, data, images, video, and audio) submitted or posted by users of the Site (including Community Discussion services or related websites and digital platforms). Patient Critical Co-op does not control or pre-approve User Content and thus bears no responsibility for its accuracy, appropriateness, or quality. You agree that you must evaluate and bear all risks associated with any User Content, and you further agree that Patient Critical Co-op will be in no way liable for any User Content or any consequences of its inclusion or omission.
Patient Critical Co-op nonetheless retains the right (but not the obligation) to refuse to post or delete any User Content available through the Site, if we believe, in our sole discretion, that the User Content violates the letter or spirit of these Terms or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any User Content.
By submitting a personal story, photograph or video, you understand that Patient Critical Co-op may publish this information and content to its social media sites, to its website, including, without limitation, to any news media. You shall not have any right to control the use or publication by Patient Critical Co-op.You additionally understand that, once published or released, Patient Critical Co-op has no control over who views or uses the information. You further understand that submitting a story, photograph or video does not entitle you to any monetary or other compensation. You hereby release, waive and discharge any claims of any kind or nature arising out of or relating to the use of the statements, photographs, audio recordings or video recordings which you may have against Patient Critical Co-op. or any person or firm authorized by Patient Critical Co-op. to publish said materials (“Publisher”). Such release, waiver and discharge shall also extend to all affiliated companies, shareholders, directors, officers, employees, agents and assigns of Patient Critical Co-op. and any Publisher. The releases of rights described above shall be binding on your successors, heirs, assigns, executors, administrators, spouse and next of kin.
You shall only share photographs you own the copyright to or which you have received express permission from the copyright owner to share. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the photograph used and shared by Patient Critical Co-op. If any people pictured are minors, you must obtain their parent or guardian’s express permission to have their image used by Patient Critical Co-op. You represent and warrant that you have express permission of everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph used and shared by Patient Critical Co-op. By submitting, or otherwise agreeing to Patient Critical Co-op’s use of, a photograph, video or other content, you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your commentary in connection with the content. We reserve the right to use, not use, or discontinue using any content in our sole discretion at any time. You understand that once published, Patient Critical Co-op has no control over who views or uses any uploaded photograph or video content. You further understand that submitting a photograph or video does not entitle you to any monetary or other compensation.
Patient Critical Co-op may choose to delegate the task of managing Community Discussion services to internal or external Community Managers or List Managers (collectively “Community Managers”). These Community Managers will be authorized to refuse to post or delete any User Content if they believe, in their sole discretion, that the User Content violates these Terms or is objectionable for any reason. You agree that Patient Critical Co-op is not liable for the actions or omissions of Community Managers. You further agree that Patient Critical Co-op may transmit and give Community Managers access to User Content for the foregoing purposes.
When you submit your own User Content to be posted on our Site, you must follow these rules:
Your User Content must be appropriate and civil.
Your User Content must not:
violate any law; infringe on any third party’s legal rights or be capable of giving rise to legal action against you, us, or third parties; be obscene, indecent, or pornographic; infringe any copyright, trademark, or other intellectual property right; infringe any right of privacy or violate any confidentiality obligation; contain any negligent statement; incite the commission of a crime; be in breach of any contractual obligation owed to any person; be false, misleading, or knowingly inaccurate; contain any instructions, advice or other information that could, if acted upon, cause illness, injury, death, or any other loss or damage; constitute spam; be offensive, blasphemous, threatening, harassing, defamatory, discriminatory or inflammatory; be likely to cause annoyance, inconvenience or needless anxiety to any person; or link to a page containing material that would violate these prohibitions.
Creating an Account, Passwords, and Security
If you register and create an account on this or any other site or digital platform identified as a Patient-Critical Co-op property you must provide us with accurate information, and you will choose a password. You are responsible for maintaining the confidentiality of your password. You are not permitted to share your password with others, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. Patient Critical Co-op will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone else’s account.
You may choose to post information on the Community Discussion services or elsewhere on the Site about yourself or about someone else, such as a family member. If you post information about someone else, you must have that person’s prior permission.
If you choose to post information, whether about yourself or any other person, you understand and agree that all current and future users participating in Community Discussion will be able to view the information you share, and
You understand that, whether or not it is permitted, current or future users participating in Community Discussion might save or disclose your information in other places without your knowledge or consent. You agree that if that were to occur, neither you nor anyone else would have a remedy or claim against Patient Critical Co-op, as explained in the Warranty Disclaimer and Limitations of Liability section of these Terms. Therefore, please exercise discretion when deciding what information you choose to post.
Communications Between Us
For contractual purposes, you (a) consent to receive all communications from us, including any possible messages about security incidents, in electronic form via your account in the Site or via the email address you submit when you register, and (b) agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
You must not use our Site in any way that may damage, overburden, or impair the Site or its availability; or in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity.
You may not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or Patient Critical Co-op, including but not limited to using another person’s login credentials.
You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software.
You may not copy, modify, distribute, sell or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent.
You must not use our Site to send spam, surveys, or any unsolicited commercial communications.
You must not use our Site for any purposes related to marketing, research, or any other commercial or organizational purpose without our prior express written consent.
You are required to respect the confidentiality and trust of others in the Patient Critical Co-op communities you participate in. If users participating in Community Discussion share their username, picture, or other content in a way that reveals their identity or enables you to guess who they are, you are forbidden to share this on the Patient Critical Co-op website or anywhere else, unless it is to reply to their posts or refer to their username within Community Discussion.
Use of Materials and Information on the Site
You may view, save, and print pages from the Site for your own personal use, subject to the restrictions below and elsewhere in the Terms.
You must not republish or repost material from the Site (including on another website), except for User Content you have authored yourself or content specifically and expressly made available for redistribution; sell, rent, or sub-license material from the Site; or copy or otherwise exploit material on the Site for a commercial purpose.
We have no responsibility for any third-party websites not operated by us to which our Site may be linked.
Trademarks and Copyrights
Patient Critical Co-op and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Site are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.
Copyright Infringement Notice
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please report the suspected infringement to us at info@PatientCritical.com. We respond expeditiously to notices of claimed copyright infringement. If we become aware that a user is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate or block that user.
Patient Critical Co-op does not screen or censor information on its website.
You acknowledge that some of the information published on this Site or on related websites or online platforms is submitted by users. We do not warrant the completeness or accuracy of any information published on this Site, whether submitted by us or users. We do not warrant that the Site remains available or that the material on the Site is kept up-to-date.
WE PROVIDE THE SITE “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU CANNOT RECOVER ANY DAMAGES FROM US RELATED TO YOUR USE OF THE SITE, WHETHER IN STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.
CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
If you post content on the Site, you understand and agree that comments relating to your posts may be submitted by other users on our Site. You acknowledge that such comments may be critical, offensive, or defamatory, and you agree that you will not hold us liable for any such comments, regardless of whether we are aware or ought to have been aware of such comments.
Breaches of These Terms and Indemnification by You
If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may: send you one or more warnings; temporarily suspend your access to the Site; permanently prohibit you from accessing the Site; block devices using your IP address from accessing the Site; ask your internet service provider to block your access to the Site; suspend or delete your account; delete or edit your User Content; bring court proceedings against you seeking damages and/or injunctions; and/or report you to law enforcement authorities. If we suspend, terminate, or block your access to the Site, you agree not to take any action to circumvent our action (such as creating or using a different account.) If we bring a legal action against you, we agree that the jurisdiction and venue for such action will be the federal or state courts of the jurisdiction in which our principal place of business is located, and we further agree that a judgment in any such action may be enforced in other jurisdictions by suit on the judgment or ruling, or in any other manner provided by law.
Indemnification: You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.
Governing Law and Jurisdiction
All matters related to the Site will be governed by the laws of Ontario Canada, without regard to conflicts of laws provisions.
If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Site, you are encouraged to bring it to our attention. You may write to us at info@Patient Critical.Co-op, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site shall be submitted to confidential arbitration in Ontario Canada, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court.
Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the Canadian Arbitration Association, with each party being individually responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
Other Legal Provisions
Even if you do not register with or provide any Personal Information to Patient Critical Co-op, we collect Non-Personal Information about your use of the Site. “Non-Personal Information” means information that we cannot use to identify or contact you. We may also acquire Non-Personal Information about our users from external sources. While you may use some of the functionality of the Site without registration, many of the specific tools and services on the the Site require that you register.
If you have any concerns, inquiries, or complaints about the Site, including any actions taken by a Community Manager, please write to us at hello@Patient Critical.Co-op. We appreciate your input.
Thank you for using our Site, and we hope it is helpful to you.
Type of Information Gathered
How the Information Is Used
Patient Critical Co-op will not sell or forward to third parties any individually identifiable Personal Information, e.g., your e-mail address, name, etc., that you supply during the registration process. You can be assured that medical providers and insurers will not have access to your Personal Information unless you approve of such sharing.
We may use your email address to send updates and communicate about the Co-op. We will only send personally identifiable information about you to other companies or people only when: (1) we have your consent to share the information; (2) we respond to subpoenas, court orders or legal process or (3) we find that your actions on our web sites violate the Terms, or any of our usage guidelines for specific products or services.
The Site features or links to public and private online platforms where users can contribute information and share their insights. Information shared is open to the public and should not be considered private.
Any information (including Personal Information) you share in any online community area including comments or online discussion is by design open to the public and is not private. You should consider this before posting any Personal Information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.
If you mistakenly post Personal Information in our community areas and would like it removed, you can send us an email to request that we remove it by using the Contact Us link. In some cases, we may not be able to remove your Personal Information.
Individual Choice, Access and Links
You have choices in the collection, use, and sharing of your Personal Information:
If you do not want us to have your information, do not register with our website. Our website contains links to other sites. Please read the privacy statements of any websites that you visit. Patient Critical Co-op is not responsible for the privacy practices or the content of those websites. If you want to review and correct your Personal Information, please contact us and we would be glad to assist you (see Contact Information, below).
We are committed to maintaining the security of Personal Information. We use appropriate technical, administrative, and physical controls to protect Personal Information from unauthorized access, loss, misuse, or alteration. If we share Personal Information with others, we subject them to strict contractual and legal controls regarding the protection, use, and disclosure of the information. If we share anonymous or de-identified data with third parties, we will contractually require them to keep it in de-identified form and forbid them to make any attempt to re-identify the data or allow others to do so.
There is always some risk that unauthorized, wrongful, or illegal access to your information could occur or that data sent over the Internet could be intercepted. We urge you to take strong precautions to use secure networks and to protect your password.
At this time, children under the age of 18 cannot create Patient Critical Co-op accounts. Patient Critical Co-op does not knowingly collect Personal Information from any person under the age of 18. Parents may share information about their own children in accordance with the Terms of Service.
Contact Us/Opt Out
Please contact us if you have any questions or comments about privacy, about how any information you send us may be used, or if you want to opt out of receiving communications from us and our partners:
Any email we send to you will contain an easy automated unsubscribe link so that you can opt-out of the subscription. Simply follow the indications in the email.
If you do not consent, many of our website’s features could be unavailable to you.