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
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 email@example.com. 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.
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;
- 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
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: firstname.lastname@example.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 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
12. Copy of Agreement in French
13. Entire Agreement