Terms of Use

Updated: March 22, 2017

Welcome

Welcome to the web services of Canadian Men’s Health Foundation (“CMHF”). CMHF has developed its web Services, including the menshealthfoundation.ca website, the dontchangemuch.ca website, the canadianmenshealthweek.ca website, the YouCheck tool at youcheck.ca, the eShe tool at eShe.ca, and all other services offered on and through our websites (collectively the “Web Services”) as electronic resources to educate and build awareness about men’s and women’s health issues.The information on our Web Services is for educational purposes only, and should not be used as a substitute for consulting a medical practitioner. If you have specific concerns about a personal health matter you should consult an appropriately qualified health care professional.

Please read these Terms of Use (the “Agreement“) carefully. By accessing the Web Services, you agree that you acknowledge, accept and will comply with the Agreement.

Use of the Web Services is subject to the following terms and conditions and our Privacy Policy. We may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on the Web Services. You agree to review the Agreement regularly to be aware of such modifications, and your accessing or use of the Web Services constitutes your acceptance of the Agreement as it appears at the time of your access or use. Certain features or services available through the Web Services may be subject to terms and conditions in addition to those set out here. You may be required to enter into additional agreements, authorizations or terms before you can access such features or services.

Important Disclaimers

While we strive to keep all content current and correct, we make no representations or warranties
of any kind, express or implied, about the completeness, accuracy, reliability or suitability
of information, products, services, or related graphics contained in our Web Services.

The content, products and services offered in the Web Services are intended to educate consumers
on health and medical issues that may affect their daily lives. Nothing in the content, products
or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment.
The Web Services do not constitute the practice of any medical, nursing or other professional
health care advice, diagnosis or treatment. You should always talk to your health care provider
for diagnosis and treatment, including your specific medical needs. CMHF makes no representation
or warranty that any service or product offered through the Web Services is safe, appropriate
or effective for you. We advise users to always seek the advice of a physician or other qualified
health care provider with any questions regarding personal health or medical conditions. If you
have or suspect that you have a medical problem or condition, please contact a qualified health
care professional immediately.

We will not be liable in any way and to any person for the access or use of the Web Services, including,
but not limited to errors or omissions in any information provided. In no case can information
alone replace a medical diagnosis or evaluation by a physician or other qualified health professional.
You must not rely on the Web Services for any medical advice, diagnoses or treatment. Only qualified
health providers can provide health care by examining your health history, your physical, mental
and emotional condition, and use their expertise and experience to advise you. Put simply, advice
regarding your care should always include your physician and other qualified health providers.

Eligibility

YouCheck Tool

The research study being conducted with information collected from the men’s health risk assessment
tool located at youcheck.ca (the “YouCheck Tool”) is restricted to Canadian men eighteen (18) years of age
or older. Accordingly you must be a Canadian man eighteen years of ago or older to use and/or
register for use of the YouCheck Tool. The YouCheck Tool is not intended for use by children
under the age of 18 years. By accessing, using, and /or registering in the YouCheck Tool you
represent and warrant to CMHF that you are a Canadian man 18 years of age or older, that you
agree to be bound by this Agreement and that you will use the YouCheck tool consistent with this
Agreement and all applicable laws and regulations.

eShe Tool

The research study being conducted with information collected from the women’s health risk assessment
tool located at eShe.ca (the “eShe Tool”) is restricted to Canadian women eighteen (18) years
of age or older. Accordingly you must be a Canadian woman eighteen years of age or older to use
and/or register for use of the eShe Tool. The eShe Tool is not intended for use by children under
the age of 18 years. By accessing, using, and /or registering in the eShe Tool you represent
and warrant to CMHF that you are a Canadian woman 18 years of age or older, that you agree to
be bound by this Agreement and that you will use the eShe tool consistent with this Agreement
and all applicable laws and regulations.

Other Web Services

You must be nineteen (19) years of age or older to use or register for any of the other services
offered in the Web Services. Such Web Services are not intended for use by individuals under
the age of 19 years. By accessing and/or using any portion of the Web Services other than the
YouCheck Tool or the eShe Tool, you represent and warrant to CMHF that you are 19 years of age
or older, you have the right, authority and capacity to agree to and abide by the Agreement,
and you will use such Web Services in a manner consistent with any and all applicable laws and
regulations.

Limited Rights

By accepting the Agreement, you are given a limited right and permission to use the Web Services
subject to any limitations, conditions and restrictions established by us from time to time,
in our sole discretion. We may alter, suspend or discontinue any aspect of the Web Services at
any time, including the availability of any feature, database or content. We may also impose
limits on certain features and aspects of the Web Services or restrict your access to parts or
all of the Web Services without notice or liability and for any reason.

Contests

CMHF may, from time to time, run contests through the Web Services, alone or jointly with third party
sponsors. All such contests will be governed by their respective contest rules. Prior to entering
into a contest, you should read, understand and agree to the terms and conditions set out in
the applicable contest rules.

Use of Communication Services

The Web Services may contain bulletin board services, chat areas, news groups, forums, communities,
calendars, user content platforms, and/or message or communication facilities designed to enable
you to communicate with the public at large or with a group (individually a “Communication Service”,
collectively “Communication Services”). When using the Communication Services, you will be subject
to any posted code of conduct, terms or guidelines applicable to such services in addition to
those set out in this Agreement. Any posted code of conduct, terms or guidelines are hereby incorporated
by reference into this Agreement.

CMHF has no obligation to monitor the Communication Services. However, CMHF reserves the right to
review materials posted to a Communication Service and to remove any materials in its sole discretion.
CMHF reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.

You should consider all communication through the Communication Services to be public and not private
communications. Always use caution when giving out personally identifying information about yourself
in any Communication Service. CMHF does not control or endorse the content, messages or information
found in any Communication Service and, therefore, CMHF specifically disclaims any liability
with regard to such user submitted content, messages or information, or otherwise with regard
to the Communication Services and any actions resulting from your participation in any Communication
Service.

CMHF reserves the right at all times to disclose any information regarding your use of any Communication
Service as necessary to satisfy any applicable law, regulation, legal process or government request,
or to edit, refuse to post or to remove any information or materials, in whole or in part, in
CMHF’s sole discretion.

Acceptable Use and Restrictions

You agree to use the Web Services in accordance with the following Code of Conduct:

  1. You will not use the Web Services to engage in any form of harassment or offensive behaviour,
    including but not limited to the posting of communications, pictures or recordings which
    contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic,
    obscene, or otherwise offensive language.
  2. You will not post, promote or distribute information that unlawful, obscene, defamatory, threatening,
    harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
  3. You will not use the Web Services to infringe the privacy rights, intellectual property rights,
    or any other rights of any person.
  4. You will not use the Web Services in any manner that impersonates or otherwise misrepresents
    affiliation, connection or association with, any person or entity.
  5. You will not use the Web Services to distribute, promote or otherwise publish any material containing
    any solicitation for funds, advertising or solicitation for goods, gambling or similar activity.
  6. You will not use the Web Services to promote or enable illegal or unlawful activities, such as
    instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm
    or harass another person, obtain others’ identity information, create or disseminate computer
    viruses, or circumvent copy-protect devices.
  7. You will not forward chain letters, junk mail or spam e-mails through the Web Services.
  8. You will not use the Web Services in any manner intended to defraud, swindle or deceive any person
    or entity, including other users of the Web Services.
  9. You will not use the Web Services to access or disseminate another person’s personal Information.
  10. You will not use the Web Services to distribute or upload any virus, or malicious software of
    any type, or do anything else that might interfere with the proper functioning of the Web
    Services, or cause injury to CMHF, their computer network or systems, or any other users’
    systems in any way.
  11. You will not cause the Web Services to be accessed through any automated or robotic means, including
    but not limited to scripts, bots, other automated, or rapid access of the site as in a denial-of-service
    attack. Such restriction shall not apply to legitimate search engine activity that does not
    place an unreasonable burden on the Web Services.
  12. You will not harass, annoy, intimidate or threaten any employee or agent engaged in providing
    any portion of the Services to you.
  13. If you use any part of the Web Services requiring secure access, you are responsible for maintaining
    the confidentiality of your account and password and for restricting access to your computer,
    and you agree to accept responsibility for all activities that occur under your account or
    password.

Your Submissions

You declare that you have all the necessary rights, in particular, intellectual property rights,
to any material that you submit as a user of the Web Services to CMHF through a Communication
Service or otherwise.

You acknowledge and agree that you remain the holder of the copyright of all material you submit
as a user to CMHF. However, you acknowledge and agree that by submitting any materials or works
to CMHF, you grant CMHF an irrevocable non-exclusive worldwide licence to use, edit, modify,
delete, reproduce, publish, display, distribute, translate, create derivative works from, develop
ancillary products, adapt, communicate, perform in public, archive or index, and give sub-licences
to such materials or works, or otherwise do any other act that is subject to copyright protection
under the Copyright Act (Canada). You waive any moral right you may assert related to the integrity
of your work. The rights granted in this section are applicable to all media, including without
limitation all print media and digital or electronic media now known or hereafter created. The
licences granted by you herein are perpetual and non-revocable.

By posting, uploading, inputting, providing or submitting materials to us, through a Communication
Service or otherwise, you warrant and represent that: (i) you own or otherwise control all of
the rights to such materials including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit such materials; (ii) such materials shall not violate
the rights of any third party including, but not limited to, intellectual property and proprietary
rights; and (iii) such materials shall not violate any law, statute, ordinance, regulation, or
this Agreement.

By using the Web Services you agree that CMHF is not and may not be held liable for the accuracy,
legality or the compliance with intellectual property laws or with the conditions of use of any
materials provided by its users.

Personal Information Protection

We respect and uphold individual rights to privacy and the protection of personal information. We
know how important it is to protect your personal information and want to make every user experience
safe and secure. Our Privacy Policy describes the privacy practices of CMHF at our Web Services. Please refer to the Privacy Policy for more details.

By using the Web Services, you consent to our collection, use and disclosure of your personal information
in accordance with our Web Services Privacy Policy or any Privacy Statement applicable to a particular Web Service which may
be amended by us from time to time in our discretion.

Termination and Modification

You agree that CMHF, in its sole and absolute discretion, may terminate your password, account registration,
license applicable to any Content (as hereinafter defined), or use of any Web Services, and remove
and discard any materials submitted by you through the Web Services, for any reason, including
without limitation, if CMHF believes that you have violated or acted inconsistently with the
letter or spirit of this Agreement. CMHF reserves the right to remove any materials or other
content submitted by you to the Web Services without prior notice. CMHF may also in its sole
discretion and at any time discontinue providing the Web Services, or any part thereof, with
or without notice. We assume no responsibility whether before or after termination for storage
of any materials or data submitted by you to the Web Services, including, without limitation
your health survey responses. You agree that any termination of your access to the Web Services
under any provision of this Agreement may be effected without prior notice, and acknowledge and
agree that CMHF may immediately de-activate or delete your account and all related information
or other content in your account and/or bar any further access to such content or the Web Services.
On termination of your access to the Web Services or license for any Content, you must destroy
all Content obtained from the Web Services and all copies thereof whether made under the terms
of the Agreement or otherwise. You agree that CMHF shall not be liable to you or any third party
for any termination of your access to any Web Services. The provisions of this Agreement pertaining
to disclaimers, exclusion or damages, limitations of liability, indemnification and release shall
survive termination.

Indemnification

You agree that you will indemnify and hold harmless CMHF, its directors, officers, employees and
agents against any damages, losses, liabilities, judgments, costs or expenses (including reasonable
attorneys’ fees and costs) arising out of a claim by any person relating to materials you have
posted or other actions taken by you on the Web Services.

Intellectual Property

The content and design of the Web Services is protected by Canadian and international copyright,
trademark and other intellectual property laws. You may not copy, reproduce, republish, distribute,
upload, post, display, transmit or frame any of the content published on or otherwise accessible
through the Web Services (“Content”) including, without limitation, text, graphics, articles, photographs, images,
illustrations, audio recordings, videos, code, and software, except (i) as expressly authorized
by this Agreement; (ii) with prior written consent from CMHF; or (iii) as expressly authorized
in the Web Services with respect to specific Content using functionality provided in the Web
Services.

Permission is granted to view, download, display and print a single copy of the Content on a single
computer for personal, noncommercial transitory viewing only.

CMHF may make certain Content available in the Web Services for sharing through social media networks.
Permission is given to individuals, organizations and businesses to distribute, share and post
such Content through social media networks but only utilizing the share functionality provided
in the Web Services.

The foregoing permissions are a grant of license only, and under the license you may not alter or
modify the Content in any way; remove any copyright or other proprietary notices or disclaimers
from the Content or use any Content in a way that suggests an association with CMHF or an affiliated
CMHF entity. You understand and agree that nothing in this Agreement or in the Web Services assigns
or transfers any rights, title or interests to the Content to you or any other user.

Except as otherwise expressly set out above, Content and services contained or provided in the Web
Services including, without limitation, all Communication Services, are offered for your personal
use for non-commercial purposes, and it is prohibited to use anything contained in the Web Services
for commercial or advertising purposes.

All licenses will automatically terminate if you violate any of these restrictions and may be terminated
by CMHF at any time for any reason.

Except as may be expressly herein provided, nothing contained herein shall be construed as conferring
any license or right under copyright, trademark or any other intellectual property rights. All
rights not expressly granted herein are reserved.

No Representations or Warranties

YOU UNDERSTAND AND AGREE THAT THE WEB SERVICES AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE WEB SERVICES ARE PROVIDED ON AN “AS IS” BASIS. CMHF DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SERVICES. IN ADDITION, CMHF DOES NOT GUARANTEE THAT USE OF THE WEB SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

Limitations of Liability

THE USE OF THE WEB SERVICES IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL CMHF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SERVICES, OR SITES ACCESSED THROUGH THE WEB SERVICES, AND/OR CONTENT OR INFORMATION PROVIDED THEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEB SERVICES IS TO STOP USING THE SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEB SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to Third Party Websites

The Web Services may contain, and other users or third parties may provide, information on or links
to other World Wide Web sites or resources, including but not limited to third party sites that
may display the CMHF trade-marks (“Third Party Site,” or “Third Party Sites”). Third Party Sites
are not controlled by CMHF and these links are available for your convenience only. They are
intended only to enable access to these Third Party Sites and for no other purpose.

CMHF does not warrant or make any representation about the substance, quality, functionality, and
accuracy, fitness for a particular purpose, merchantability or any other representation about
any Third Party Site or its content. A link to a Third Party Site on the Web Services does not
constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. CMHF
makes no representation or warranty as to any products or services offered on any Third Party
Site. The conditions of use and privacy policy of any Third Party Site may differ substantially
from the conditions of use, legal notices and privacy policy that apply to your use of the Web
Services. Please review the conditions of use for all Third Party Sites for more information
about the terms and conditions that apply to your use of Third Party Sites.

No Linking, Framing, Mirroring, Scraping or Data Mining

Links to the Web Services without the express permission of CMHF are strictly prohibited. To request permission to link to our Web Services, please contact CMHF at info@menshealthfoundation.ca. The framing, mirroring, scraping or data mining of the Web Services or any Content in any form and by any method is strictly prohibited.

Entire Agreement

This Agreement represents the entire agreement between you and CMHF regarding the use of the Web
Services and supersedes any other agreement or understanding on the subject matter. There are
no representations or warranties or promises, express or implied, statutory or otherwise and
no collateral agreements other than as expressly set forth or referred to in this Agreement.

Governing Law

You agree that any dispute or claim (including personal injury claims) related to your use of the
Web Services is subject to the exclusive jurisdiction of competent jurisdiction within the Province
of British Columbia, Canada, and will be adjudicated pursuant to the laws of British Columbia
and Canada without the application of Conflict of Laws principles. This Agreement also applies
to anyone claiming on your behalf.

Contact information

If you have any questions about the Web Services, please contact us at:

info@menshealthfoundation.ca

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