Terms and Conditions
Canadian Mental Health Association Website Terms of Use
The following terms and conditions (“General Terms”) apply to your use of the Not Myself Today and Canadian Mental Health Association (“CMHA”) websites, which include www.notmyselftoday.ca and www.cmha.ca and any other CMHA website you have accessed and to which these General Terms apply (“Websites”). As used herein, the terms “you”, “your” and “yours” refer to the client or registered user accessing the Websites. References to “Canadian Mental Health Association”, “CMHA”, “we”, or “ours” refers to the Canadian Mental Health Association (CMHA)/Association canadienne pour la santé mentale (ACSM). Your continued use of our Websites indicates you agree with these General Terms. CMHA may change these General Terms with notice posted on its Websites, and it is your responsibility to remain cognizant of any changes to these General Terms.
Content Created by CMHA – CMHA owns, licences, or has permission from third parties (“Third Parties”) to use all of the trademarks, copyright and other intellectual property, as well as all other content (referred to as “Content”, which includes all text, graphics, content, video, audio and the selection and arrangement of the Websites) that is included on our Websites, other than content posted by the users of the Websites (“User Content”). You must not copy or reproduce in any form whatsoever any of the graphics, logos or other Content on our Websites unless you request and receive CMHA’s express written permission.
Content Posted by You – CMHA allows you, as a user of the Websites, to post audio, video, photos, text and other content to the Websites. User Content is solely your responsibility, and you must make sure that you have the necessary rights to post that User Content (e.g. by obtaining permission of copyright owners if necessary).
Keeping our Website Safe – Every user must do his/her part to keep our Websites safe. Therefore, you must adhere to the following when using the Websites:
- You may not gather, extract, reproduce and/or display on any other non-CMHA website or other online service, any material on or from the Websites including other user data or content, with the use of spiders or other ‘screen scraping’ software or any other system or software used to extract data;
- You must not upload viruses or other malicious code to the Websites;
- You must not bully, intimidate or harass anyone;
- You must not post any User Content that infringes or violates someone else’s rights, or otherwise violates the law, or that is hateful, threatening, pornographic or violent.
In addition, you agree that you will not submit as part of any User Content any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant the CMHA all the license rights granted herein, or that contravenes any of the prohibited grounds of discrimination under provincial and federal human rights legislation.
The Canadian Mental Health Association does not endorse any User Content or any opinion, recommendation or advice expressed therein. You understand that by using or viewing the Websites, you may be exposed to content including User Content of other users that is offensive, indecent or objectionable. CMHA expressly disclaims any and all liability in connection with any User Content submitted by others.
Canadian Mental Health Association Disclaimer – The Websites contain Content prepared by CMHA or its suppliers. While the Content contained in the Websites has been presented with all due care, CMHA does not warrant or represent that the Content is free from errors or omissions.
Accuracy of Content
While the Content on the Websites is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the information. The Content may change without notice and the CMHA is not in any way liable for the accuracy of any information from the Websites printed and stored or in any way interpreted and used by a user.
Users
The Websites are not intended for use by children under the age of 13. If you are under the age of 13, you must immediately discontinue use of the Websites.
Links to Third-Party Sites
The Content contained on the Websites may include links to websites owned or operated by other entities which are not associated or affiliated with CMHA and that are neither endorsed nor supported by CMHA, and do not necessarily reflect the policies, procedures, standards or guidelines of CMHA.
CMHA takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the Websites provided by third parties to notmyselftoday.ca and cmha.ca and to Websites, nor for the accuracy, currency, reliability and correctness of links or references to information sources (including internet sites) outside of the Websites.
Links to other internet sites appearing on the Websites are for information purposes only. Due to changing internet content, it is the responsibility of the user to make his/her own investigations, decisions and enquiries about the information retrieved from internet sites. Providing these links does not imply any endorsement, non-endorsement, support or commercial gain by CMHA.
Privacy – You have read the CMHA Privacy Policy, the terms of which appear on the Websites at (“Privacy Policy”) which are incorporated into these General Terms, and you agree that the terms of that Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by CMHA in accordance with the terms of and for the purposes set out in the Privacy Policy.
Account and Passwords – In order to access some features of the Websites, you may have to or have the option to create an account (“Websites Account”). You may not use another’s account without permission. When creating your Websites Account, you must provide accurate and complete information. By creating a Websites Account, you represent and warrant that the information you provide is true and that you will keep it up to date.
Your Websites Account may be accessed only by logging in with your username and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of CMHA.
All login names and passwords remain the property of CMHA and may be cancelled or suspended at any time by CMHA without any notice to you or any other person. CMHA is under no obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify CMHA of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Although CMHA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for any losses incurred by CMHA or others due to such unauthorized use.
Abuse and Penalties – CMHA may, in its sole discretion, in addition to any other rights or remedies available by law, at any time and without notice remove or edit any User Content posted by you or prevent access by you to any of our Websites if you do not comply with these General Terms. Failure by CMHA to enforce all of its rights under these General Terms does not constitute a waiver of CMHA’s rights to enforce its rights in relation to any part of these General Terms at any time.
Liability Disclaimer – Except as explicitly provided in these General Terms as amended from time to time, CMHA makes no representations or warranties of any kind whatsoever, whether express or implied, regarding the Websites and/or any Content provided on the Websites. CMHA does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Websites or any of the Content found on the Websites.
CMHA is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
CMHA assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Websites or your downloading of any Content from the Websites.
CMHA endeavours to ensure that the Websites are available at all times, and will not be liable if, for any reason, the Websites are unavailable at any time or for any period of time.
In no event will CMHA be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract equity, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Websites or their Content, the operation of the Websites or any failure or delay in the operation of the Websites, even if advised of the possibility of damages.
Survival – The provisions that follow “Liability Disclaimer” will survive the termination of your access to the Websites.
Entities and Governing Law – these General Terms form an agreement between you and CMHA, subject to the laws of the Province of Ontario and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Websites and these General Terms.