TERMS OF USE

IMPORTANT – PLEASE READ CAREFULLY:


Welcome to the McMaster Psychological Services Website (the “Website”).


PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF USE SET OUT BELOW AND IN MCMASTER PSYCHOLOGICAL SERVICES’ PRIVACY POLICY (collectively, the “Terms OF USE”) BEFORE USING THE WEBSITE. USING THIS WEBSITE INDICATES THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE AND REPRESENT THAT YOU UNDERSTAND AND CAN AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH THE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR TO USE THIS WEBSITE.


BY USING THIS WEBSITE YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT ON THE TERMS SET OUT BELOW.


Changes to the Terms. McMaster Psychological Services reserves the right at any time and for any reason to amend this Agreement and change the Terms of Use. The date of last revision is indicated at the bottom of the Terms. You should review the Terms regularly. It is your responsibility to make sure that you agree with the Terms at all times. If you do not agree with the Terms, you must cease accessing and using the Website.


Who does this Agreement apply to?

The Website is operated by McMaster Psychological Services. This website provides my profile, as well as articles, publications, information, data and other materials (the “Content.”). For the purposes of this Agreement,  “YOU” in this Agreement means any person or entity accessing this website, whether identified by its comments, e-mail, registration information or IP address. If You use this Website on behalf of your employer, organization, company, or society they shall also be bound by the terms of this Agreement.


Website content

McMaster Psychological Services owns all right, title and interest in all content on the Website. This includes, but is not limited to, all text, graphics, user interfaces, visual interfaces, photographs, sounds, computer code, programs, software, products, information, interactive features and documentation, as well as the design, structure, and arrangement of any content on the Website. All names, logos, and icons are proprietary trademarks of McMaster Psychological Services. The Website content and all intellectual property associated with the Website is provided to you for your information and personal use only. You are not authorized to use, copy, reproduce, distribute, sell, license, or otherwise exploit the Website content for any other purpose. Content found on or through the Website or paper publications which bear the name of or credit to a third party creator require the permission of that party for any reproduction or other use.


UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.


No Professional-Client Relationship Created and No advice provided

Your access to or use of the Website does not create a professional-client or fiduciary relationship. Any communications with McMaster Psychological Services through the Website do not create professional-client relationship or fiduciary relationship. The Content does not constitute legal or other professional advice and should not be relied upon for any reason. The information provided on the Website is general in nature and should never be substituted for information or treatment obtained from a Registered Psychologist or other licensed medical professional after considering your personal circumstances. You agree that you will not consider the Website’s content to be a suitable substitute for professional advice.


If you have any concerns about the contents of the Website, please contact me directly.


Websites linked to this site

Certain websites may be linked to this site. McMaster Psychological Services is not responsible for the contents of any linked websites and make no representations or warranties, and do not endorse, any website that is linked to this Website, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Website does not imply that McMaster Psychological Services endorses or is affiliated or associated with the entity that owns or is responsible for the website. Any links are provided for convenience only. If you decide to visit any linked websites, you agree that you do so at your own risk.


Forbidden actions 

You are not authorized to

  • Infringe the copyright of this Website

  • Tamper with or otherwise interfere or attempt to interfere with the functionality or proper working of the Website or to restrict access to the Website

  • Make illegal use of the Website or use it for purposes which are illegal

  • Attack the Website using malicious software, or use the Website for data mining

  • Otherwise to menace with the Website or its content.

No Representations, Guarantees or Warranties

While McMaster Psychological Services endeavors to provide reliable information and materials, it makes no guarantee regarding the accuracy of the content of the Website. In addition, it cannot guarantee that the Website will be accessible at all times. The Website is provided on an “as is” and “as available” basis and may include errors, omissions or other inaccuracies.

 

McMaster Psychological Services operates the Website from British Columbia, Canada, and makes no representations that materials in the Website are appropriate or available for use in other locations. MCMASTER PSYCHOLOGICAL SERVICES MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND with respect to the Website, the Content, it’s quality, accuracy, reliability, completeness, currency, timeliness, merchantability, fitness for a particular purpose or non-infringement of intellectual property or related rights. MCMASTER PSYCHOLOGICAL SERVICES ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMMISSIONS, OR INACCURACIES IN THE WEBSITE OR ITS CONTENT.
USE OF THE WEBSITE IS AT YOUR SOLE RISK.


Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW,  MCMASTER PSYCHOLOGICAL SERVICES DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL. IN NO EVENT SHALL MCMASTER PSYCHOLOGICAL SERVICES BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES, LOSSES, LIABILITIES OR OTHER COSTS OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, PERSONAL INFURY, PENALTIES, OR OTHER LIABILITIES THAT YOU MAY INCUR, SUFFER, OR BE LIABLE FOR AS A RESULT (DIRECTLY OR INDIRECTLY) OF YOUR USE OF OR THE INABILITY TO MAKE USE OF THE WEBSITE OR THE CONTENT.
To the extent links and external content are based on or displayed in connection with the Website, MCMASTER PSYCHOLOGICAL SERVICES SHALL NOT HAVE ANY LIABILITY OF ANY KIND IN CONNECTION WITH SUCH LINKS AND INFORMATION.
The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, strict liability or any other actionable claim, even if MCMASTER PSYCHOLOGICAL SERVICES had or should have had knowledge of the possibility of such damages or even if such damages were forseeable.


Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement.


Obligation to Indemnify

 You agree to indemnify, defend and hold McMaster Psychological Services harmless from and against any and all claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against McMaster Psychological Services, arising out of, related to or which may arise from your use of the Website and/or your breach of any term of this Agreement. In Québec, this will include judicial and extra-judicial costs and fees; elsewhere in Canada, legal fees on a solicitor and its own client basis.
Applicable Laws. This Agreement shall be governed by, construed, and enforced according to the laws of the Province of British Columbia. The use of this Website constitutes YOUR express consent to the exclusive jurisdiction of the provincial and/or federal courts of the Province of British Columbia.


Conflict and Severability

 If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, any invalid or unenforceable portion shall be severed and the remaining portions of this Agreement will remain in full force and effect.
Questions or Concerns. If you have any questions or concerns with regards to the Website, including content that may be available on the website, please contact McMaster Psychological Services. McMaster Psychological Services will endeavor to address your concerns.


Updated: October 2020