Last Revised: October 6, 2014
SIM-one - Ontario Simulation Network (hereinafter referred to as “us”, “we” and/or “SIM-one”) welcomes you to the SIM-one website at www.SIM-one.ca (the “Site”).
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2. User Signup
You may use the Site only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.
Participating in certain portions of the Site may require you to register in SIM-one’s online community (“Registered User”). Should you choose to become a Registered User, you agree to provide accurate and current information about yourself as required by registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned, and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. SIM-one 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 failure to comply with this section.
3. Code of Conduct
Certain features and/or portions of this Site, may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”).
a. You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Content that:
- may, in the sole and absolute discretion of SIM-one, degrade, tarnish or deprecate SIM-one and/or the public image or standing in the community of SIM-one;
- is defamatory, trade libelous, pornographic or obscene. SIM-one reserves the right to remove and/or edit any content deemed to be defamatory, trade libelous, pornographic or obscene;
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual (with the exception of permitted Reviews, as defined below);
- is in any way disparaging, or might be seen to be disparaging, to SIM-one or any third party;
- infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
- contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials.
b. You hereby agree that you shall not use the Site to:
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;
- collect information about others without their consent; and/or
- upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
c. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or of SIM-one systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site. Please note that some areas of our Site, such as our Communities of Practice, Tip Listing or Find a Collaborator may allow you to upload or publish your User Content to a public area of the Site (“Posting”). Such Postings may be associated with your full name, and any Personal Information that you choose to include in your Posting will appear on the Site, and may be viewed by other visitors to the Site. If you choose to include Personal Information in a Posting you post on this Site, you consent to the public disclosure of the Personal Information you choose to post in this manner. If you do not wish to publish your Personal Information in this manner, please do not include it in a Posting you post to a public area of the Site.
4. Course or Event registrations
The Site may include various features that allow you to register for a course or event (“Registration”). By submitting a Registration, you agree to pay in full the stated price for your Registration, and any applicable taxes, using our selected on-line payment method. If a payment is required for the Registration you have selected, you will be required to provide your payment information to our third party payment processor, and payment will be facilitated on the external website of the third party payment processor. Your payment information will be used solely for the purpose of processing the Registration you have requested. SIM-one does not collect your payment information directly. If payment for a Registration that you make using this Site is not received by us, you agree to pay all amounts due upon demand by us, and/or your Registration will be cancelled. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.
Once your payment has been processed, the selected third party payment processor will send an email confirmation using the email address you provided. It is RECOMMENDED that you use the same email address that you provided to us. If for any reason the third party payment processor can’t complete the processing of your payment, any Registration for which a payment was required will not be processed.
5. Job Postings and Simulation Directory
Certain features and/or portions of this Site may permit you to upload or post a job posting (the “Job Posting”) or a entry in the Simulation Centre Directory that contains your (“Simulation Centre Directory”). You may only submit a Job Posting or Simulation Centre Directory entry if: (i) you are an authorized representative of the person or entity to whom the Job Posting or Simulation Centre Directory entry pertains; (ii) person or entity to whom the Job Posting or Simulation Centre Directory entry pertains is in the field of or related to healthcare simulation; and (iii) You are otherwise in compliance with these Terms. When you submit a Job Posting you will be informed of the length of time for which the posting may remain on the Site. SIM-one but reserves the right, in its sole and absolute discretion, to modify, edit or remove any Job Posting or Simulation Centre Directory entry, or to request a user to modify or edit his or her Job Posting or Simulation Centre Directory entry, if a complaint or notice of allegedly infringing materials is received with respect to such material, or for any other reason.
6. SIM Marketplace
This Site may permit Registered Users in the province of Ontario to create an electronic classified ad (“Classified Ad”) which they may post in the “SIM Marketplace”. The SIM Marketplace is intended to connect persons who would like to sell, lease, trade or share simulation-related equipment with interested persons.
To submit a Classified Ad, visit the SIM Marketplace at www.sim-one.ca/simmarketplace and follow the onscreen instructions. To submit a Classified Ad you will be required to log in to the SIM-one website, visit the SIM Marketplace webpage and complete a form that requires, among other things: your title, location, category of classified ad, and the price you are offering. By submitting a Classified Ad, you represent, warrant, and agree that:
- You are a legal resident of Ontario, above the age of 18.
- You have the legal right to offer the goods or services you advertise in your Classified Ad.
- Any goods or services offered through your Classified Ad comply with the applicable law in the jurisdictions in which you choose to offer them.
- No information you include in the Classified Ad is false, misleading, or deceptive.
- No information or other content you include in the Classified Ad is in violation of the Code of Conduct in clause 4 above.
Once a Classified Ad has been posted to the SIM Marketplace, it may be viewed by anyone who visits the SIM Marketplace. However, only Registered Users who have logged into their account will be able to respond to Classified Ads. The SIM Marketplace is only able to facilitate the initial contact between the person who placed the Classified Ad and a person who wishes to respond to it. Neither SIM-one, nor the SIM Marketplace are able to facilitate, complete or confirm any transaction that may take place following the posting of a Classified Ad. SIM-one is not a party to any transaction that occurs in relation to a Classified Ad, and both the person who posted the Classified Ad and any person that chooses to respond to it fully release SIM-one in respect to the Classified Ad, any transaction stemming from it, and any goods or services offered through it. Without limiting the generality of the foregoing, SIM-one cannot: accept or facilitate payment for material offered through a Classified Ad, arrange shipping, verify the identity of any person who posts or responds to a Classified Ad, or verify the description of any materials offered via a Classified Ad. You are solely responsible for complying with any legal requirements that apply to your Classified Ad or to the transaction contemplated in your Classified Ad, including, without limitation, and requirements under provincial Consumer Protection legislation, or the federal Competition Act.
SIM-one reserves the right not to post any Classified Ad, and to remove any Classified Ad at any time in its sole and absolute discretion. Without limiting the general release of liability in clause 14, SIM-one is not responsible for any claims made within a Classified Ad, for the performance of, or the use/misuse of any goods or services advertised through a Classified Ad, or for the transaction contemplated by a Classified Ad. By posting or responding to a Classified Ad, you agree to fully release the Releasees (defined below) from any and all liability related thereto.
7. SIM Company Directory
This Site may permit simulation companies to create a profile for their company, (“Company Profile”) and profile their products, and/or services in the "SIM Product Directory". To create a Company Profile, you will be required to provide, among other things: the name, website (if available), and the product/service categories of your company or organization. By creating a Company Profile, you represent, warrant, and agree, on your own behalf and on behalf of the company that is the subject of the Company Profile that:
- You are an authorized representative of the company that is the subject of the Company Profile.
- No information you include in the Company Profile is false, misleading, or deceptive.
- No information or other content you include in the Company Profile is in violation of the Code of Conduct in clause 4 above.
Once a Company Profile has been posted to the Site, it may be viewed by anyone who visits the Site. In addition, the Site may permit Registered Users to submit a review that reflects their experience with the company, and/or its products and services. Such reviews are public and may be viewed by other visitors to the Site.
SIM-one reserves the right to remove or edit a Company Profile at any time in its sole and absolute discretion. Without limiting the general release of liability in clause 14, SIM-one is not responsible for any Reviews posted in response to a Company Profile or for the content thereof. By creating a Company Profile, you, and the company you represent, agree to fully release the Releasees (defined below) from any and all liability related thereto.
8. Industry/Vendor Reviews
The Site may permit Registered Users to submit reviews (“Reviews”) of companies, products, and/or services that are the subject of a Company Profile as well as other companies, products or services with which they have direct experience. By submitting a Review, you represent, warrant, and agree that:
- Your Review reflects your true and honest experience with, and opinion of, the company, product, and/or service that is the subject of your Review.
- No information you include in a Review is false, misleading, or deceptive.
- No information or other content you include in a Review is in violation of the Code of Conduct in clause 4 above.
Such Reviews, including any information that you choose to include in a Review, are public and may be viewed by other visitors to the Site. Reviews may be posted in association with the Username you selected on registering for the Site, or you may choose to post an ‘anonymous’ Review, in which case only the ‘Type of Simulationist’, as indicated when you submitted the Review, will be publically associated with the Review.
SIM-one reserves the right to remove or edit any Review at any time in its sole and absolute discretion. Without limiting the general release of liability in clause 14, SIM-one is not responsible for any Reviews posted in response to a Industry Profile or for the content thereof. By posting a Review, you agree to fully release the Releasees (defined below) from any and all liability related thereto.
9. Intellectual Property Rights (Re: Site Content)
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of SIM-one or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by SIM-one are the property of their respective owners, and, where used by SIM-one are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with SIM-one ownership of, or any third party’s ownership of, the Trade-marks.
10. License Granted by Site Users to SIM-one
Certain features and/or portions of this Site may permit you to upload, post or otherwise transmit User Content, Job Postings, Classified Ads, Company Profiles, Reviews, and/or Simulation Centre Directory entries, (collectively, “User Materials”). By using any such features and/or portions and providing User Materials, you are giving SIM-one permission to forever use any User Materials you submit on or through the Site.
By using the Site and providing User Materials, you hereby grant and you represent and warrant that you have the right to so grant: (i) a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to SIM-one to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Materials (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all User Materials that you post on, upload or otherwise submit to or through, the Site in favour of SIM-one.
For greater certainty, this means that, among other things, SIM-one has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
11. User Waivers and Representations (Re: User Materials)
By using the Site and providing User Materials, you hereby acknowledge, agree, warrant and represent to SIM-one that any and all User Materials (in any format or media) you post on, upload to or otherwise submit to or through, the Site:
- are original to you and that you have obtained all necessary rights in and to the User Materials and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and
- do not violate any law.
Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to SIM-one that we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Materials.
12. Indemnification by User
13. Notice of Infringing User Materials
SIM-one is under no legal obligation to actively screen or edit User Materials, but reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Materials, or to request a User to modify or edit his or her User Materials, if a complaint or notice of allegedly infringing materials is received with respect to the User Materials, or for any other reason. To complain about any User Materials and/or to provide notice of allegedly infringing materials on the Site, please contact us at: info@SIM-one.ca
14. Disclaimer and Limitation of Liability
THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES; OR (VII) THAT ANY SERVICES OR FEATURES OFFERED ON THE SITE FOR FREE WILL REMAIN FREE IN THE FUTURE.
REVIEWS, COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF SIM-ONE. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
FULLEST EXTENT PERMITTED BY LAW, THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH ANY CLASSIFIED AD OR REVIEW. YOU EXPRESSLY ACKNOWLEDGE THAT SIM-ONE HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SIM-ONE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
15. Electronic Transmissions
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.
17. Accuracy and Changes
Facts and information provided by SIM-one on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult SIM-one for complete and up-to-date information.
18. Governing Law and Jurisdiction
22. Contact Us
If you need further assistance, or have any questions regarding this Site, please contact by writing to SIM-one Office 88 College Street, 2nd Floor, Toronto, Ontario M5G 1L4. You may also call us at 416-506-1433.