Ontario COVID
Activity Risk Assessment

WEBSITE TERMS AND CONDITIONS OF USE

Last Updated: December 21, 2020

These terms of use (“Terms”) contain legal obligations and form an agreement between you and The Governing Council of the University of Toronto, represented by its Dalla Lana School of Public Health (the “University”, “we” or “us” or “our”) that apply to your access and use of the website located at www.COVIDActivityRisk.ca (the “Site”) operated by the University.

Please read these Terms carefully before accessing, browsing or otherwise using the Site.

If you have any questions or comments about these Terms, please contact ifp.dlsph@utoronto.ca.

Access and Use of the Site

By accessing, browsing or otherwise using the Site, you agree, without limitation or qualification, to be bound by these Terms and such other terms and conditions, rules and policies which you may be directed to or are displayed in connection with the use of the Site, all as amended from time to time.

You may not use the Site if you have not read, or do not understand, or do not agree to these Terms.

The Site is not intended for use by anyone under the age of 13. Please exit the Site if you are under the age of 13 years.

Access to the Site and the Content is not permitted where prohibited by law. If you choose to access the Site, you do so on your own initiative and are responsible for compliance with applicable laws.

Updates to the Terms

We may make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms. Any changes or modifications will be effective immediately upon posting the updated Terms on the Site. You are encouraged to periodically review these Terms to stay informed of updates. Your continued use of the Site after the posting of amended Terms will mean you accept those changes.

Privacy

We respect your privacy. Our Privacy Policy forms an integral part of these Terms.

No Medical or other Public Health Advice Given

The Site is intended to be used for personal informational, educational and research purposes by residents of, or visitors to, the Province of Ontario, Canada.

The Site and its Content (as defined below) of any type that is made available to you is provided for general information purposes only and is should not be taken as medical or health advice, diagnosis, or treatment recommendations. No Content of any type is intended to be a substitute for the professional care and advice provided by licensed health care professionals or requirements, guidelines or recommendations of Ontario Public Health Units or other governmental authorities.

Although Content is checked with trusted sources (e.g. Public Health Ontario, Health Canada, and the CDC), we are not responsible if any Content, medical or otherwise, made available on the Site is not accurate, complete, or current. All Content is provided for general information only and should not be relied upon or used for making decisions without consulting primary, more accurate, more complete, or more timely sources of information, including licensed health care professionals and the current requirements, recommendations or guidelines of Ontario Public Health Units or other governmental authorities.

Site Content

Except for any public domain material, all content and material displayed on and/or forming part of the Site from time to time, including all text, information, submissions, links, graphics, audio, video, animation, logos, trade-marks, prohibited marks, service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively, “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by us or our suppliers or licensors. We may remove or revise any Content at any time for any reason.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Site for the purpose set out herein in accordance with these Terms; and (b) access, view and print any Content, for your personal, non-commercial, informational, educational and research use only. The University may terminate this license and terminate your access to the Site at any time for any reason whatsoever.

All rights not expressly granted to you in these Terms are reserved solely for the University and any unauthorized use of Content is prohibited.

Risk of Use of Site Content

We do not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any Content. In no event will we be liable to you or anyone else for any decision made, or action taken or not taken by you or anyone else in reliance upon any Content.

You acknowledge and agree that you rely on any Content at your sole risk and that neither we nor the Site gives medical advice. You agree that we shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Content.

General Disclaimers

The Site and its Content are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. To the maximum extent permissible under law, we disclaim all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance.

We do not warrant that the Site or any of its Content will be uninterrupted or error-free, that errors or defects will be corrected, or that the Site or any server that makes it available will be free of viruses or other harmful components. We may suspend access to the Site in our discretion and are not responsible for any interruption or non-availability of this website due to acts of God, earthquake, labour disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

Linked Sites

We have no responsibility or liability to you in connection with third party websites accessible by links posted on the Site (“Linked Sites”). Access to Linked Sites is at your own risk and we are not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. We provide links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by us. You are strongly advised to check the terms of use and the privacy policies of Linked Sites before making use of them. You acknowledge that we may remove any links to Linked Sites at any time for any reason whatsoever.

Limitation of Liability

You agree that the University and each of its governors, officers, faculty, employees, agents, and contractors shall not be liable to you for any losses, damages, costs or expenses of any kind arising from these Terms or your use of the Site. You agree that this limitation of liability is comprehensive and applies to all losses, damages, costs and expenses of any kind, including but not limited to direct, indirect, special, incidental, consequential, or punitive damages.

Indemnity

You agree to indemnify and hold harmless the University and each of its governors, officers, faculty, employees, agents, and contractors from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees resulting from or related to: (a) any breach of these Terms; (b) your access to or use of the Site; (c) your use of or reliance on any Site Content; or, (d) your violation of any law or the rights of any third parties. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.

Prohibited Conduct

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Site or its Content if you breach these Terms. You agree that any suspension and/or termination of your access to the Site may be made without prior notice and that we will not be liable to you or to any other person as a result of any such suspension or termination.

General

These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against us in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction.

You and the University agree that these Terms and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en Anglais.

If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with the University’s prior written consent. the University may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

These Terms constitute the entire agreement between you and us in connection with your use of the Site and its Content. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and us other than that of independent contractors.

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and, (b) legally enforceable as a signed agreement.