Pathways Community Service Directory Terms of Use

These Terms of Use (the "Terms") are a legal agreement between you, on your own behalf or, if applicable, on behalf of your organization ("you") and the Pathways Patient Referral Association (the "Association").

The Pathways Community Service Directory (the “Directory”) is a web-based resource designed to provide information about community and health authority services to the general public. These Terms apply to the Directory. The Association may offer other online services, which may be subject to a separate agreement or terms and conditions supplementary to these Terms. Your acceptance of that separate agreement or those supplementary terms and conditions will be a condition of your use of the applicable service.

You may not copy or otherwise use the Directory and/or the content available on the Directory (or any portion thereof) (the "Content") without agreeing to these Terms. If you copy or otherwise use the Directory and/or the Content (or any portion thereof) you are deemed to have agreed on your behalf or on behalf of your organization to be bound by these Terms.

1. Subject to your acceptance of these Terms, the Association grants you a non-transferable, non-exclusive license to copy the Content and use the Directory.
2. If the Directory (including the Content) or these Terms are modified by the Association, your continued use of the Directory will constitute your acceptance of such modifications and your agreement to be bound by the modified Terms. The current Terms will be posted on the Pathways website. To stay informed of any changes, please review the most current version of these Terms on the website. Your right to use the Directory and copy the Content depends upon your agreement to be bound by these Terms and any modification to these Terms. If you do not agree to be bound by these Terms, you may not use the Directory.
3. You acknowledge and agree that the Association makes the Directory and the Content available through the Directory as a convenience to you. The Content is for informational purposes only. The Association does not recommend or endorse any programs, products, procedures, opinions, or other information that may be mentioned in the Content. Reliance on any information provided by the Association in the Content is solely at your own risk.
4. You shall use the Directory and the Content in accordance with all applicable local, provincial, federal and international laws and regulations, including laws governing privacy and personal information. You represent and warrant that, with respect to all information, including patient information, you provide through the Directory that: (a) you have obtained all necessary rights, consents and permissions to provide such information and to grant the rights granted to the Association in these Terms; and (b) all information and its transfer to and use by the Association as authorized by you under these Terms do not violate any laws, regulations, or rights of any third party, including any intellectual property rights, rights of privacy, rights of publicity or rules or policies of the Association published from time to time, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.
5. The Association may at its discretion make use of anonymized and/or aggregate data from the system used to provide access to the Directory for research and analysis purposes (including by providing such information to third party service providers and sharing the research and analysis results with any third party). Note that no personalized information of any kind is used in such activity.
6. The Association may permanently or temporarily stop providing, or may modify the Directory, any feature or the Content included in the Directory, or the availability of the Directory and/or the Content on any particular device, at any time and without notice to you. The Association may immediately terminate your right to use the Directory and copy the Content should a third party make an intellectual property infringement claim relating to the Directory and/or the Content.

7. The Directory contains links to other websites and information from third parties ("Third Party Content"). Third Party Content is not under our control and the Association is not responsible for anything on Third Party Content. Please review the terms and conditions and privacy policies, if any, of third party sites. The Association does not endorse the products or services of anyone else, including any third party products or services mentioned or referred to in or through any information, comments or material in, or linked from or to the Content. References to any such products or services are not endorsements or approval of such products or services.

   Because some websites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in Third Party Content and you hereby irrevocably waive any claim against us with respect to Third Party Content.

8. You shall defend, indemnify and save the Association and its directors, officers, employees, agents, affiliates, members or any combination thereof harmless from any claims, costs (including settlement and legal or other professional fees on a solicitor and own client basis), damages, expenses, losses, and liability arising out of or relating to, either directly or indirectly:

   • Your use of the Directory and/or the Content;
   • Your violation or breach of these Terms;
   • Your violation of any third party right, including any intellectual property right;
   • Your violation of the law of any relevant jurisdiction; or
   • Any claim that your use of the Directory and/or Content caused damage or harm to any person including, without limitation, personal injury or death.

   This indemnity obligation will survive the termination or expiration of your use of the Directory and these Terms.

9. You agree that your use of the Directory is at your sole risk and that the Directory and the Content is provided on an "as is" and "as available" basis. The Association, partners, and their respective affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, the Association, its partners, and their respective affiliates make no warranty that (a) the Directory and/or the Content will meet your requirements; (b) your use of the Directory and/or the Content will be timely, uninterrupted, secure, or error-free; (c) any information obtained by you as a result of the Directory and/or the Content will be accurate or reliable; and (d) any defects or errors in the Directory and/or the Content will be corrected.

   Any of the Content downloaded or otherwise obtained through the use of the Directory is accessed at your own discretion and risk, and you will be solely responsible for any damage or harm that results from the download and use of any such Content. You further acknowledge that the Content is not intended or suitable for use in all instances that could lead to death, personal injury, or severe physical damage.

10. To the fullest extent permitted by law, in no event shall the Association be liable for any damages suffered or incurred by you or any other person or entity including, without limitation, any special, incidental, indirect, direct, punitive, or consequential damages whatsoever, damages for loss of business profits, loss of revenue, business interruption, loss of information or data (including personal information, such as patient or referral information), or any other pecuniary loss arising out of the use or of inability to use the Content or the Directory, even if the Association has been advised of the possibility of such damages.

    Please note that some jurisdictions do not allow the type of limitation listed above, so some of these limitations may not apply to you.

11. You acknowledge and agree that the limitations of liability set out herein are fair and reasonable in the circumstances of these Terms and that the Association would not have provided you access to or use of the Directory or the Content but for your agreement to limit the Association's liability in the manner, and to the extent, provided for herein.

12. The Association may terminate your right to use the Directory and copy the Content at any time, including where you violate these Terms.

13. PATHWAYS and the PATHWAYS & Design mark are trademarks of the Directory Patient Referral Association and may not be used or displayed without the written approval of the Directory Patient Referral Association.

14. The Association is located within the Province of British Columbia, Canada. These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. You and the Association agree that the Courts of the Province of British Columbia shall have exclusive jurisdiction to hear and make any judicial determination on any issue arising with respect to these Terms.

15. These Terms will be for the benefit of and binding upon your heirs, executors, representatives, administrators, successors and permitted assigns.

16. These Terms constitute the entire understanding between you and the Association and supersede all previous communications, representations and understandings, oral or written, between you and the Association, with respect to the subject matter of these Terms.