Terms of Use

Terms of Use

1. Agreement

The Canadian Psychiatric Association (CPA) is responsible for the operation of this website and all pages that collectively comprise this website (hereafter referred to as the “site”). The information and services available through this site are subject to the following terms and conditions (Terms of Use). These Terms of Use are an agreement between the CPA and you (the terms ‘you’ and ‘your’ are defined to include your parent/legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence). In return for the CPA providing information and/or services through this site, you agree to be legally bound by and comply with these Terms of Use. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, DO NOT ENGAGE IN FURTHER ACCESS OR USE OF THIS SITE.

The CPA reserves the right to change these Terms of Use at any time without prior notice and will not be liable for any loss or inconvenience which may result. If we change the Terms of Use, we will post the changes on this site and will indicated at the top of this page when they were last revised. Your continued use of this site following any modification to the Terms of Use constitutes your agreement to follow and be bound by these revised Terms of Use. For this reason, the CPA recommends that you review the Terms of Use each time you use this site, and that you print a copy for your records.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

2. Authorized Use of the Site

You may access and use the site for your personal, non-commercial use, provided that you do so only in accordance with these Terms of Use.

3. Member-Specific Areas of the Site and Account Security

Certain features and/or portions of this site are password-protected and require you to be a member in good standing with the CPA. If you are a member of the CPA and you have a Member ID and password permitting access to these password-protected areas of the site, it is your responsibility to keep the Member ID and password provided to you or created by you confidential and secure. In the event that your Member ID or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at webmaster@cpa-apc.org. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account.

4. Site Does Not Provide Medical Advice

This site does not provide medical advice. The content provided on this site is for informational purposes only and should not be relied upon or be interpreted as a recommendation for any specific treatment plan, product or course of action. The content is not to be considered or used as a substitute for any kind of professional medical advice, diagnosis or treatment. It is your duty to obtain medical consultation from a qualified health or medical professional to meet your health and medical needs. You should not act or rely on any of the information without seeking advice from a qualified professional. If you suspect that you are ill or may have a medical emergency, you should contact a physician or a health professional or dial 911 immediately. The CPA, its licensors and its suppliers do not recommend or endorse any of the information provided, including without limitation any specific tests, products, procedures, or opinions or other information that may be mentioned on the website.

5. Offensive or Sexually Explicit Materials

The website may contain health- and/or medically-related materials that you may find sexually explicit or otherwise offensive. The CPA, its licensors and its suppliers accept no responsibility for such materials. You are responsible for compliance with the laws of accessing such sexually explicit materials applicable to your country of residence. Accessing the content from countries where it may be illegal is prohibited. Parents / legal guardians are responsible for ensuring that minors for which they are responsible do not access information available on the site that is illegal, inappropriate or harmful given the minor’s age and maturity level.

6. Ownership of Site and Materials

The site and all written, graphical and other materials on the site or made available through the site, including without limitation graphics, text, video and audio material (the Content), is the property of the CPA and/or its licensors and is protected by copyright, trademark and other laws. Certain names, logos, graphics, designs or other Content within the site are trade names or trademarks owned by or licensed to the CPA. Without prejudice to the rights of third party licensors and to the extent permitted by law, the CPA hereby grants you permission to copy, distribute, download, and/or transmit single copies of items comprising CPA Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content, and provided that such permission does not include the right to reproduce the site as a whole (or a substantial part thereof) or to create derivative works. No other right or license to the site or the Content is hereby granted.

7. Privacy Policy

Without limiting the generality of these Terms of Use, your use of the site is also subject to the terms of CPA’s Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the site, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

8. User Content

Certain features and/or portions of this site may (or may in the future) permit you to upload, post or otherwise transmit content created by you (the “User Content”).

a. You hereby agree that you shall not use the site to upload, post, communicate or otherwise submit or transmit through, or to, the site any User Content that:

  • i. may, in the sole and absolute discretion of CPA, degrade, tarnish or deprecate CPA and/or the public image or standing in the community of CPA;
  • ii. is deemed, in the sole and absolute discretion of CPA, to be defamatory, trade libelous, pornographic or obscene;
  • iii. is deemed, in the sole and absolute discretion of CPA, to contain, depict, include, discuss or involve, without limitation, any of the following: crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, solicitations or advertisements for products or services; any identifiable third party products, trade-marks, brands and/or logos (unless necessary to address or discuss health- or medical-related topics); conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by CPA in its sole and absolute discretion;
  • iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
  • v. is in any way disparaging, or might be seen to be disparaging, to the CPA;
  • vi. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  • vii. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • viii.contains (in any format or media) any copyright protected materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials.

b. You hereby agree that you shall not use the Site to:

  • i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the site;
  • ii. collect information about others without their consent; and/or
  • iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

c. You hereby agree that you shall not engage in prohibited or unauthorized use of the site or of CPA systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the site.

d. By using the site and providing User Content, you hereby acknowledge, agree, warrant and represent to CPA that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the site:

  • i. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the site and to provide CPA a licence to use the User Content pursuant to the grant of licence provided under subparagraph 8.f. herein;
  • ii. does not violate any law; and
  • iii. complies with these Terms of Use.

e. Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to CPA that:

  • i. you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the site;
  • ii. we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
  • iii. we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the site.

f. You hereby

  • i) grant the CPA a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted licence to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from any and all User Content that you post on, upload or otherwise submit to or through the site; and
  • ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the site in favour of CPA. For greater certainty, this means that, among other things, CPA has the right to use any and all materials you submit, including the ideas expressed therein, in any manner CPA chooses, without any notice or obligation to you whatsoever.

g. The CPA is under no legal obligation to actively screen or edit User Content, but reserves the right, in their sole and absolute discretion, to modify, edit or remove any User Content if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

To complain about User Content and/or to provide notice of allegedly infringing materials on the site, please contact us at: cpa@cpa-apc.org.

9. Third Party Links

For your convenience, the CPA may provide links to websites that are owned or operated by third parties. Such sites are independent of the CPA. The CPA has no control over the content of such third-party sites nor does the CPA endorse these sites, approve their contents, or guarantee the accuracy or timeliness of such third-party information. It is your responsibility to ensure that you review the terms and conditions applicable to such third-party sites before using them.

10. Indemnification, Disclaimer and Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY USING THIS SITE, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD THE CPA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS AND LICENSORS (THE RELEASEES) HARMLESS FROM ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, DAMAGE, COST AND EXPENSE ASSERTED BY ANY ENTITY RELATING IN ANY WAY TO YOUR USE OF THE SITE, THE INFORMATION AND MATERIALS THEREON, USER CONTENT, AND/OR BREACH OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION ANY AND ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER CAUSE OF ACTION.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES; OR (VII) THE SITE, CONTENT OR USER CONTENT WILL BE ACCURATE, CURRENT OR RELIABLE.

COMMENTS OR OPINIONS EXPRESSED IN USER CONTENT ARE THOSE OF THE RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF THE RELEASEES. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT THE CPA HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CPA. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Without limiting the generality of the foregoing, the CPA is not responsible for any content or information that you may find undesirable or objectionable.

11. Governing Law

The CPA, this site and the Content (excluding linked sites) are physically located within the province of Ontario, Canada. Except where prohibited by Quebec law, these Terms of Use will be governed by the laws of the province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to the exclusive jurisdiction of the Ontario courts. You and the CPA expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time.

12. Copy of Agreement in French

Click here to view these Terms of Use in French.

13. Entire Agreement

These Terms of Use constitute the entire agreement between you and the CPA with respect to the use of this site and the Content and shall inure to the benefit of and be binding upon each of you and the CPA and their respective successors and permitted assigns. Failure by the CPA to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any of the provisions of these Terms of Use are deemed to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.