TERMS OF USE
Last updated on August 19, 2016.
Acceptance of Terms of Use
These Terms of Use (the “Terms”) govern your access to and use of this website and all services, information, resources, materials, content and reports provided through or in connection with this website (collectively, the “Mammography Decision Aid”).
By accessing or using the Mammography Decision Aid, you agree to be bound by these Terms. If you do not agree with these Terms you may not use the Mammography Decision Aid and must immediately exit from this website.
We may modify these Terms at any time. If we modify these Terms, we will post the modification on our website or via the Mammography Decision Aid, or provide you with notice of the modification. We will also update the “Last updated” date at the top of these Terms. By continuing to use the Mammography Decision Aid, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must stop using the Mammography Decision Aid.
About Us
The Mammography Decision Aid is provided by the Canadian Breast Cancer Foundation, having an address at 301-375 University Avenue, Toronto, Ontario, M5G 2J5 (“CBCF”, “we”, “us” or “our”). References to CBCF in these Terms include its directors, employees, agents and other representatives.
Purpose and Limitations of the Mammography Decision Aid
The purpose of the Mammography Decision Aid is to assist women in making informed decisions about breast cancer screening by providing information about organized screening programs and the benefits and limitations of breast cancer screening.
The Mammography Decision Aid is intended for informational purposes only. It is not intended as, and therefore should not be interpreted as, medical advice, professional diagnosis, or medical opinion and should not be relied on in any such regard.
The Mammography Decision Aid is not a substitute for medical services. Information provided through the Mammography Decision Aid is intended for informational purposes only. It is not intended as, and therefore should not be interpreted as, medical advice, professional diagnosis, or medical opinion and should not be relied on in any such regard. The information provided through the Mammography Decision Aid is not a substitute for medical services and you should not use the Mammography Decision Aid in place of a consultation with your physician or other healthcare provider. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Never disregard professional medical advice or delay in seeking it based on information you obtain through the Mammography Decision Aid.
The Mammography Decision Aid does not predict whether you will get breast cancer. It outlines known risk factors associated with developing breast cancer and the benefits and limitations of mammography, and detailed information on provincial and territorial screening programs. The Mammography Decision Aid is not meant to be used by people living outside Canada, those under age 40, or people who have had cancer.
Cancer is a complex disease and not all factors that may affect a person’s risk are known or can be measured. The Mammography Decision Aid is not exhaustive and does not incorporate every known risk factor for breast cancer.
No physician-patient relationship will exist between you and CBCF, regardless of any use you make of the Mammography Decision Aid.
The Screening Guide
The Mammography Decision Aid may provide you with a personalized report (the “Screening Guide”), which will be based on the information you provide to us.
The information included in the Screening Guide is limited by the accuracy of the information you provide to us, and is current only at the time we first make it available to you. We have no obligation to update the Screening Guide in the future.
As the Screening Guide is personalized, the information in it will apply to you only. You must therefore not share it with anyone else, other than your physician or other healthcare provider.
Permissible Use of the Mammography Decision Aid
You may use the Mammography Decision Aid only for your personal, non-commercial use.
The information, materials and other content provided through the Mammography Decision Aid (including without limitation the Screening Guide) may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of CBCF, except that you may download one copy of such information, materials and other content for your personal, non-commercial home or archival use only, provided you do not delete or change any disclaimers or any copyright, trademark, or proprietary notices contained therein.
The Mammography Decision Aid may be used for lawful purposes only. You agree to comply with all applicable laws and regulations governing your access to and use of the Mammography Decision Aid.
If we believe you may be using the Mammography Decision Aid for illegal or unlawful purposes, we may provide information regarding your use to law enforcement authorities.
Except as expressly permitted above, no portion of the Mammography Decision Aid may be used, reproduced, distributed, transmitted or "mirrored" in any form, or by any means, without the prior written permission of CBCF. You may not access or use the Mammography Decision Aid in order to design or create a product or service that uses similar ideas, features, functions or graphics as the Mammography Decision Aid.
Protecting your Privacy
CBCF will collect certain information about you through your use of the Mammography Decision Aid. This information includes: your province of residence, your age, and other information regarding your risk factors, attitudes and actions regarding breast cancer and mammography. In addition, you may elect to provide CBCF with your email address and postal code, but you will be able to use certain features of the Mammography Decision Aid without providing this information. While CBCF does not collect your name (unless it is a part of your email address) or take any steps to link the data that we do collect to any named individual, we treat the information that you provide through your use of the Mammography Decision Aid as personal information. We will treat this information in accordance with our privacy policy.
CBCF may use the personal information collected through the Mammography Decision Aid for research and statistical analysis, including to better understand how and by whom the tool is used. We may also publish information relating to the usage of the Mammography Decision Aid and summaries of the information collected through the tool. Personal information used for these purposes will be anonymized and/or aggregated and will not identify you individually.
The Mammography Decision Aid may offer you the option to download an electronic version of the Screening Guide or receive it by email. If you select either of these options, you acknowledge that the Screening Guide may not be encrypted in transmission, and there is therefore a small possibility that your personal information included in the Screening Guide could be intercepted or otherwise accessed by a third party.
If you save an electronic version of your Screening Guide or print a hard copy, we suggest that you take precautions to keep it confidential, for example by storing it in a secure location, and permanently deleting or shredding it when you no longer need it.
Third Party Resources
You may have the opportunity to access other websites or services (“Third Party Resources”) in connection with your use of the Mammography Decision Aid.
CBCF does not sponsor nor endorse any Third Party Resources or the services, products, policies or practices relating to such Third Party Resources. We do not guarantee that any information available from any Third Party Resources will be accurate, complete or error free, and any views expressed on the Third Party Resources do not necessary reflect the views of CBCF. Your use of any Third Party Resources may be subject to the terms of use and privacy policies of the applicable providers, which may be different from our own.
Accordingly, (a) CBCF shall not be responsible for the services, products, policies or practices of Third Party Resources, (b) your use of or access to any Third Party Resources is at your own risk, and (c) you shall not and may not make any claim against CBCF arising out of your use of or access to any Third Party Resources.
Intellectual Property
You will retain ownership of any information, materials and content that you provide to us in connection with your use of the Mammography Decision Aid (“Your Content”), but you give us (and those we work with) a non-exclusive, perpetual, irrevocable, royalty-free license to use, copy, modify, display and transmit Your Content to the extent reasonably required in connection with our provision of the Mammography Decision Aid (as it may evolve) and any other products and services that we may offer.
You are not required to provide any feedback, suggestions or ideas to us relating to the Mammography Decision Aid or any other services offered by CBCF. However, if you choose to do so, you acknowledge and agree that we may freely use such feedback, suggestions and ideas without any obligation to you.
The information, materials and content provided through the Mammography Decision Aid are protected by Canadian and other national and international copyright, trademark and other laws. CBCF and its licensors retain all copyright, trademark and all other rights in all such information, materials and content (other than Your Content). Except as expressly specified in these Terms, we do not grant you any licenses or rights in respect of the Mammography Decision Aid or any such information, materials or content.
You are advised that CBCF will enforce its intellectual property rights to the fullest extent of the law, which may result in civil and criminal penalties.
Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MAMMOGRAPHY DECISION AID REMAINS WITH YOU.
THE MAMMOGRAPHY DECISION AID IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. CBCF EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE MAMMOGRAPHY DECISION AID AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO QUALITY, ACCURACY, AVAILABILITY, COMPLETENESS, LEGALITY, CURRENCY, RELIABILITY, EFFICACY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CBCF DOES NOT REPRESENT OR WARRANT THAT THE MAMMOGRAPHY DECISION AID WILL BE AVAILABLE AT ALL TIMES, WILL BE ERROR-FREE, OR WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBCF AND ITS CONTENT PROVIDERS SHALL HAVE NO LIABILITY, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL, RELATED TO OR ARISING FROM THE MAMMOGRAPHY DECISION AID OR YOUR ACCESS TO OR USE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBCF WILL NOT BE LIABLE FOR ANY INJURY, DISEASE OR DEATH TO YOU OR ANY OTHER PERSON THAT IS CAUSED OR CONTRIBUTED TO BY THE MAMMOGRAPHY DECISION AID OR YOUR ACCESS TO OR USE THEREOF.
YOU AGREE TO INDEMNIFY CBCF AND ITS CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM YOUR ACCESS TO OR USE OF THE MAMMOGRAPHY DECISION AID.
How to Contact Us
If you have any issues or questions with respect to the Mammography Decision Aid, these Terms or our Privacy Policy, please contact:
Alison Staples
Privacy Officer
Canadian Breast Cancer Foundation
Toll-free number: 1-844-263-7990
Phone number: 416-263-7990
privacyofficer@cbcf.org
You should not email or otherwise contact us with any questions relating to your Screening Guide. We will not be able to provide medical advice or answer any questions of a medical nature. If you have any questions relating to your Screening Guide or questions of a medical nature you should speak to your physician or other qualified healthcare provider.
Jurisdiction and Governing Law
The Mammography Decision Aid is provided for the use of Canadian residents only. CBCF makes no representation or warranty that the Mammography Decision Aid is appropriate or available for use in other jurisdictions. Anyone accessing or using the Mammography Decision Aid from other jurisdictions does so at their own risk and assumes sole responsibility for compliance with local laws.
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario. All claims you bring against CBCF arising out of or relating to these Terms or the Mammography Decision Aid may be brought only in the courts located in Toronto, Ontario, Canada, and you consent to personal jurisdiction in those courts and waive any right to seek redress in any other forum.
Miscellaneous
These Terms constitute the entire agreement between CBCF and you pertaining to your use of the Mammography Decision Aid. Should any provisions of the Terms be determined to be invalid or unenforceable under any law, rule or regulation, that determination will not affect the validity or enforceability of any other provisions of these Terms.
We may elect to make changes to the Mammography Decision Aid in the future, and we may suspend or stop providing the Mammography Decision Aid altogether. We may suspend or terminate your access to the Mammography Decision Aid at any time without notice, for any reason or for no reason at all, including if we believe you have violated these Terms.
You may not assign or transfer any of your rights under these Terms, by operation of law or otherwise, without our prior written approval. Any attempt by you to assign or transfer these Terms, without such consent, will not be effective. We may assign or transfer these Terms, in our sole discretion, without restriction.
If we fail to enforce any right or provision of these Terms it will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly specified in these Terms, any remedies specified in these Terms will not limit any other remedies that may be available to us.