Please read the Terms of Access and Disclaimer for Research Use (these “Terms”) carefully before using this website (this “Site”). By accessing the Sinclair Compassion Questionnaire (the “Questionnaire”), you agree to be bound by these Terms, which govern your access to and use of the Questionnaire and Derivative Work(s) (defined below) made by you (the Questionnaire and Derivative Work(s) are together the “Services”) and create a binding legal agreement that can be enforced by the owners of the Services – UTI Limited Partnership (“the Owners”) against you in the event of a violation.

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1. Use of the Services: Subject to your compliance with these Terms, as a user, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Questionnaire and to create and use the Derivative Work(s) (provided that such creation and use of the Derivative Work(s) is permitted as set out herein) for the following non-commercial, informational, educational and/or research purposes only:

1. Use by students and academic researchers in non-industry sponsored research;
2. Use by clinicians for collecting patient-experience feedback;
3. Use by non-profit organizations for collecting patient-experience feedback; or
4. Any other use that is permitted by the Owners in their sole discretion where the user has obtained prior written permission from the Owners for such use.

(the “Permitted Purposes”)

“Derivative Work(s)” means any work based upon the Questionnaire such as: (i) a revision, modification, abridgement, condensation, expansion, collection, compilation, or any other form in which the Questionnaire may be recast, transformed, or adapted, and (ii) any translation of the Questionnaire into another language.

You may only create Derivative Work(s) if you have the prior written consent of Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca). If you create Derivative Work(s), you must provide the Owners (at ipm@innovatecalgary.com) and Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca) with such Derivative Work(s) within thirty (30) days of its completion. The Owners and Dr. Shane Sinclair reserve the right to adjust the formatting of any Derivative Work(s), including the copyright notification described below. Further, you must assign all your right, title, and interest in the Derivative Work(s) to the Owners and waive your moral rights therein.

You may only use the Derivative Work(s) for the Permitted Purposes if you have the prior written consent of Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca).

The Permitted Purposes listed above are the uses which are allowed, but such list does not constitute an endorsement, guarantee, representation, or warranty by the Owners as to the suitability of the Services for such purposes or uses. The Services are experimental in nature and are in no way intended to provide certainty with respect to a diagnosis, to recommend a particular product, treatment, or therapy or to otherwise substitute for the clinical judgment of a qualified professional. You are solely responsible for assessing the suitability of the Services for your own purposes and for your use or misuse of such information in connection with your determinations and accept the risk of doing so. The Owners make no representation or warranty regarding the legal compliance of the Services, and you are solely responsible for compliance with all laws and standards of professional practice applicable to you.

By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.

The Owners may, but are not obligated to do any or all of the following without notice:

1. Pre-screen or record User Content (defined below) submissions;
2. Investigate your use of the Services as they deem appropriate to comply with any applicable law, regulation, government request or legal process;
3. Remove User Content which the Owners believe does not comply with these Terms; and
4. Terminate access to this Site upon determination that you have violated these Terms.

All rights not expressly granted within these Terms are reserved.

2. Restrictions: You agree that you will not do any of the following without prior written permission of the Owners:some text

1. distribute, sell, lease, transfer, assign, trade, rent, publish, republish, print, reprint, post, present, or license the Services, in whole or in part, to others; or
2. copy or use the Services, in whole or in part, for any purpose, other than for the Permitted Purposes and as set out herein.

3. User Content: As part of the Services, users may submit content which may include, without limitation, name, institution name, institution address, purpose of use of the Services and other data (“User Content”). You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant the Owners the rights in such User Content as is necessary to provide the Services or as otherwise specified in these Terms. You are solely responsible for ensuring that the User Content you make available through the Services complies with applicable laws including, without limitation, those relating to privacy and best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual. You are solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.

You agree that you will not use the Services to make available User Content that:

1. You do not have the right to make available under any contractual or fiduciary agreement or law;
2. Infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
3. Results in the violation of any applicable law or regulation, including but not limited to FOIP or HIA (defined below) or any other applicable privacy laws;
4. Is fraudulent, false, misleading, or deceptive; or
5. Contains viruses or other harmful computer code designed to interrupt, destroy, or limit the use of any computer software or hardware.

4. Commercial Use: A license fee will apply to the use of the Services for any commercial purposes, including, but not limited to, use of the Services:some text

1. in clinical trial by a company;
2. in industry sponsored research studies; or
3. in for-profit organizations.

If you wish to use the Services for any purpose other than the Permitted Purposes, including any commercial use, then prior to using the Services for such purpose, you must contact the Owners (at ipm@innovatecalgary.com), and Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca), to determine the applicable license fee, and any additional terms of use.

5. Intellectual Property Rights: The Services are protected under copyright, trademark, and trade secret rights (the “Intellectual Property Rights”). You agree that the Services and any related Intellectual Property Rights in the information, including all text, code, multimedia clips, images, graphics, icons, branding, and other content on this Site are owned by the Owners and you will not infringe such Intellectual Property Rights or contest or challenge the ownership thereof.

6. Publications and Acknowledgement: Any publications that result from your use of any of the Services must clearly state that the publication includes information that was collected using the Sinclair Compassion Questionnaire, the Services created by Dr. Shane Sinclair, et al., as described in Sinclair et al 2021, Development and validation of a patient-reported measure of compassion in healthcare: the Sinclair Compassion Questionnaire (SCQ).

7. Notation of Ownership: You may not remove any copyright notation on the Services. The Questionnaire must carry the copyright notification: (Copyright @ UTI Limited Partnership, 2020. All rights reserved; written permission for commercial use is required; compassionmeasure.com) and the Derivative Work(s) must carry the copyright notification: (Copyright @ UTI Limited Partnership, [INSERT YEAR]. All rights reserved; written permission for commercial use is required; compassionmeasure.com), with the year to be inserted being communicated to you by the Owners.

8. Use of Names: Except as specifically permitted in these Terms, you shall not use any names or trademarks of the Owners or the University of Calgary in any news release, advertising, publicity, endorsement, promotion, or commercial communication unless the Owners have provided prior written consent for the particular use contemplated. The terms of this section survive the termination, expiration, non-renewal, or rescission of these Terms.

9. Disclaimer: The Services are provided “as is” without warranties, conditions, or representations of any kind, either express or implied, and the Owners expressly disclaim any warranties or conditions, express or implied, statutory or otherwise, including, without limitation, any warranty as to merchantability, correctness, accuracy, reliability, or otherwise, or that the Services (a) shall correspond with a particular description, (b) are of merchantable quality, (c) are fit for a particular purpose; (d) will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (e) do not and will not infringe any copyright, patent, trademark, trade secret or other intellectual property or other proprietary right of any third party.

The Owners do not assume any responsibility for screening any user of this Site or the Services nor do they verify or take responsibility for User Content. The Owners do not provide medical advice and do not recommend or endorse any specific products, product users, therapies, tests, physicians, health care professions or opinions. The Owners make no warranty as to the accuracy, timeliness, completeness, or reliability of any content contained in the Services. No information provided through the Services or by the Owners in oral or written form will create any warranty not expressly made herein. Your reliance upon the content obtained or used by you through the Services is solely at your own risk. The Services are not intended to replace consultations with professional advisors or to provide legal, medical, or professional advice or diagnosis whatsoever and are not to be relied upon for those purposes.

10. Acceptance of Risk: You understand and agree that your access to and use of the Services is your own decision, and at your own initiative and risk. We do not provide any guarantee of results or success, and we disclaim any warranties or guarantees whatsoever, whether express or implied. The Owners, its affiliates, partners, board members, officers, employees, contractors, and agents, and the University of Calgary, its board members, officers, employees, faculty, students, appointees, invitees, contractors, and agents are not liable to you for your use of the Services. Without limiting the generality of the foregoing, the Owners do not assume responsibility for any harm or damage you may experience or incur by sending personal or confidential information over the Internet, as the Internet is not a secure medium.

11. Third Party References or Links: Our correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services.

12. Limitation of Liability: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST THE OWNERS, ITS AFFILIATES, PARTNERS, BOARD MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND THE UNIVERSITY OF CALGARY, ITS BOARD MEMBERS, OFFICERS, EMPLOYEES, FACULTY, STUDENTS, APPOINTEES, INVITEES, CONTRACTORS, AND AGENTS. IN NO EVENT WILL THE OWNERS ITS AFFILIATES, PARTNERS, BOARD MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND THE UNIVERSITY OF CALGARY, ITS BOARD MEMBERS, OFFICERS, EMPLOYEES, FACULTY, STUDENTS, APPOINTEES, INVITEES, CONTRACTORS, AND AGENTS BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH, LOST PROFITS OR BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF THE SERVICES, OR THE PERFORMANCE OR ACCESSIBILITY OF THIS SITE, OR ANYTHING DOWNLOADED, ACCESSED, AVAILABLE, OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnity: You agree to defend, indemnify, and hold harmless the Owners its affiliates, partners, board members, officers, employees, contractors, and agents, and the University of Calgary, its board members, officers, employees, faculty, students, appointees, invitees, contractors, and agents from and against any claims, suits, actions, demands, judgments (including reasonable legal fees and expenses incurred in association therewith), liabilities, damages, losses or expenses, resulting from, or alleged to result from, your access or use of the Services or this Site, or your violation of these Terms.

14. Insurance: You shall, at your sole cost and expense, procure and maintain commercial general liability insurance on such terms and in such amounts that are reasonable and customary in the industry in which you are engaged.

15. Modifications and Termination: The Owners reserve the right to modify, terminate, suspend, or discontinue the Services, your access to the Services or this Site, modify these Terms, or change or remove any content on this Site, at any time without notice, at their sole discretion. By continuing to access or use the Services after these Terms have been modified, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using this Site and the Services.

16. Interruption: The Owners may, from time to time, interrupt the availability of this Site, without prior notice, for routine maintenance or other reasons.

17. Privacy: This Site does not use cookies and we do not disclose information to any public bodies, trustees, agencies, or individuals. We are committed to maintaining confidentiality and privacy of your personal information in accordance with the Freedom of Information and Protection of Privacy Act of Alberta (FOIP) and your personal health information in accordance with the Health Information Act of Alberta (HIA). We only collect information that is necessary for the operation and security of this Site. The Web server automatically collects your Internet domain name or Internet Protocol (IP) address. The information is collected and maintained solely for statistical reports on site and page traffic. While you may be identified depending on the “naming standards” followed by your Internet Service provider, individuals are not otherwise identified. The collection of this information is in accordance with FOIP. This information is not used for any other purpose.

18. Governing Law: The law of the Province of Alberta applies to these Terms, and the courts of the Province of Alberta will be the exclusive forum for the resolution of any disputes under these Terms without regard to choice of laws principles.

19. Complete Agreement: These Terms constitute the entire agreement between you and the Owners with respect to your access and use of this Site and the Services. These Terms replace all prior oral or written understandings or agreements in relation thereto.

20. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the Owners prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Owners may assign or transfer these Terms at their sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

21. No Waiver: The Owners’ failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms, or otherwise. 

22. Miscellaneous Terms: Collaborations on the Services’ research and validation are welcome -- please contact us for details. The Owners can be contacted at ipm@innovatecalgary.com, and Dr. Shane Sinclair can be contacted at compassionresearchlab@gmail.com or sinclair@ucalgary.ca.

Please read the Terms of Access and Disclaimer for Individual Use (these “Terms”) carefully before using this website (this “Site”). By accessing the Sinclair Compassion Questionnaire (the “Questionnaire”), you agree to be bound by these Terms, which govern your access to and use of the Questionnaire and Derivative Work(s) (defined below) made by you (the Questionnaire and Derivative Work(s) are together the “Services”) and create a binding legal agreement that can be enforced by the owners of the Services – UTI Limited Partnership (“the Owners”) against you in the event of a violation.

1. Use of the Services: Subject to your compliance with these Terms, as a user, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Questionnaire and to create and use the Derivative Work(s) (provided that such creation and use of the Derivative Work(s) is permitted as set out herein) for the following non-commercial, informational, educational and/or research purposes only:

1. Use by students and academic researchers in non-industry sponsored research;
2. Use by clinicians for collecting patient-experience feedback;
3. Use by non-profit organizations for collecting patient-experience feedback; or
4. Any other use that is permitted by the Owners in their sole discretion where the user has obtained prior written permission from the Owners for such use.

(the “Permitted Purposes”)

“Derivative Work(s)” means any work based upon the Questionnaire such as: (i) a revision, modification, abridgement, condensation, expansion, collection, compilation, or any other form in which the Questionnaire may be recast, transformed, or adapted, and (ii) any translation of the Questionnaire into another language.

You may only create Derivative Work(s) if you have the prior written consent of Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca). If you create Derivative Work(s), you must provide  the Owners (at ipm@innovatecalgary.com) and Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca)  with such Derivative Work(s) within thirty (30) days of its completion. The Owners and Dr. Shane Sinclair reserve the right to adjust the formatting of any Derivative Work(s), including the copyright notification described below. Further, you must assign all your right, title, and interest in the Derivative Work(s) to the Owners and waive your moral rights therein.

You may only use the Derivative Work(s) for the Permitted Purposes if you have the prior written consent of Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca).

The Permitted Purposes listed above are the uses which are allowed, but such list does not constitute an endorsement, guarantee, representation, or warranty by the Owners as to the suitability of the Services for such purposes or uses. The Services are experimental in nature and are in no way intended to provide certainty with respect to a diagnosis, to recommend a particular product, treatment, or therapy or to otherwise substitute for the clinical judgment of a qualified professional. You are solely responsible for assessing the suitability of the Services for your own purposes and for your use or misuse of such information in connection with your determinations and accept the risk of doing so. The Owners make no representation or warranty regarding the legal compliance of the Services, and you are solely responsible for compliance with all laws and standards of professional practice applicable to you.

By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.

The Owners may, but are not obligated to do any or all of the following without notice:

1. Pre-screen or record User Content (defined below) submissions;
2. Investigate your use of the Services as they deem appropriate to comply with any applicable law, regulation, government request or legal process;
3. Remove User Content which the Owners believe does not comply with these Terms; and
4. Terminate access to this Site upon determination that you have violated these Terms.

All rights not expressly granted within these Terms are reserved.

2. Restrictions: You agree that you will not do any of the following without prior written permission of the Owners:some text

1. distribute, sell, lease, transfer, assign, trade, rent, publish, republish, print, reprint, post, present, or license the Services, in whole or in part, to others; or
2. copy or use the Services, in whole or in part, for any purpose, other than for the Permitted Purposes and as set out herein.

3. User Content: As part of the Services, users may submit content which may include, without limitation, name, institution name, institution address, purpose of use of the Services and other data (“User Content”). You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant the Owners the rights in such User Content as is necessary to provide the Services or as otherwise specified in these Terms. You are solely responsible for ensuring that the User Content you make available through the Services complies with applicable laws including, without limitation, those relating to privacy and best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual. You are solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.

You agree that you will not use the Services to make available User Content that:

1. You do not have the right to make available under any contractual or fiduciary agreement or law;
2. Infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
3. Results in the violation of any applicable law or regulation, including but not limited to FOIP or HIA (defined below) or any other applicable privacy laws;
4. Is fraudulent, false, misleading, or deceptive; or
5. Contains viruses or other harmful computer code designed to interrupt, destroy, or limit the use of any computer software or hardware.

4. Commercial Use: A license fee will apply to the use of the Services for any commercial purposes, including, but not limited to, use of the Services:some text

1. in clinical trial by a company;
2. in industry sponsored research studies; or
3. in for-profit organizations.

If you wish to use the Services for any purpose other than the Permitted Purposes, including any commercial use, then prior to using the Services for such purpose, you must contact the Owners (at ipm@innovatecalgary.com), and Dr. Shane Sinclair (at compassionresearchlab@gmail.com or sinclair@ucalgary.ca), to determine the applicable license fee, and any additional terms of use.

5. Intellectual Property Rights: The Services are protected under copyright, trademark, and trade secret rights (the “Intellectual Property Rights”). You agree that the Services and any related Intellectual Property Rights in the information, including all text, code, multimedia clips, images, graphics, icons, branding, and other content on this Site are owned by the Owners and you will not infringe such Intellectual Property Rights or contest or challenge the ownership thereof.

6. Publications and Acknowledgement: Any publications that result from your use of any of the Services must clearly state that the publication includes information that was collected using the Sinclair Compassion Questionnaire, the Services created by Dr. Shane Sinclair, et al., as described in Sinclair et al 2021, Development and validation of a patient-reported measure of compassion in healthcare: the Sinclair Compassion Questionnaire (SCQ).

7. Notation of Ownership: You may not remove any copyright notation on the Services.  The Questionnaire must carry the copyright notification: (Copyright @ UTI Limited Partnership, 2020. All rights reserved; written permission for commercial use is required; compassionmeasure.com) and the Derivative Work(s) must carry the copyright notification: (Copyright @ UTI Limited Partnership, [INSERT YEAR]. All rights reserved; written permission for commercial use is required; compassionmeasure.com), with the year to be inserted being communicated to you by the Owners.

8. Use of Names: Except as specifically permitted in these Terms, you shall not use any names or trademarks of the Owners or the University of Calgary in any news release, advertising, publicity, endorsement, promotion, or commercial communication unless the Owners have provided prior written consent for the particular use contemplated. The terms of this section survive the termination, expiration, non-renewal, or rescission of these Terms.

9. Disclaimer: The Services are provided “as is” without warranties, conditions, or representations of any kind, either express or implied, and the Owners expressly disclaim any warranties or conditions, express or implied, statutory or otherwise, including, without limitation, any warranty as to merchantability, correctness, accuracy, reliability, or otherwise, or that the Services (a) shall correspond with a particular description, (b) are of merchantable quality, (c) are fit for a particular purpose; (d) will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (e) do not and will not infringe any copyright, patent, trademark, trade secret or other intellectual property or other proprietary right of any third party.

The Owners do not assume any responsibility for screening any user of this Site or the Services nor do they verify or take responsibility for User Content. The Owners do not provide medical advice and do not recommend or endorse any specific products, product users, therapies, tests, physicians, health care professions or opinions. The Owners make no warranty as to the accuracy, timeliness, completeness, or reliability of any content contained in the Services. No information provided through the Services or by the Owners in oral or written form will create any warranty not expressly made herein. Your reliance upon the content obtained or used by you through the Services is solely at your own risk. The Services are not intended to replace consultations with professional advisors or to provide legal, medical, or professional advice or diagnosis whatsoever and are not to be relied upon for those purposes.

10. Acceptance of Risk: You understand and agree that your access to and use of the Services is your own decision, and at your own initiative and risk. We do not provide any guarantee of results or success, and we disclaim any warranties or guarantees whatsoever, whether express or implied.  The Owners, its affiliates, partners, board members, officers, employees, contractors, and agents, and the University of Calgary, its board members, officers, employees, faculty, students, appointees, invitees, contractors, and agents are not liable to you for your use of the Services.  Without limiting the generality of the foregoing, the Owners do not assume responsibility for any harm or damage you may experience or incur by sending personal or confidential information over the Internet, as the Internet is not a secure medium.

11. Third Party References or Links: Our correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services.

12. Limitation of Liability: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST THE OWNERS, ITS AFFILIATES, PARTNERS, BOARD MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND THE UNIVERSITY OF CALGARY, ITS BOARD MEMBERS, OFFICERS, EMPLOYEES, FACULTY, STUDENTS, APPOINTEES, INVITEES, CONTRACTORS, AND AGENTS. IN NO EVENT WILL THE OWNERS ITS AFFILIATES, PARTNERS, BOARD MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND THE UNIVERSITY OF CALGARY, ITS BOARD MEMBERS, OFFICERS, EMPLOYEES, FACULTY, STUDENTS, APPOINTEES, INVITEES, CONTRACTORS, AND AGENTS BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH, LOST PROFITS OR BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF THE SERVICES, OR THE PERFORMANCE OR ACCESSIBILITY OF THIS SITE, OR ANYTHING DOWNLOADED, ACCESSED, AVAILABLE, OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnity: You agree to defend, indemnify, and hold harmless the Owners its affiliates, partners, board members, officers, employees, contractors, and agents, and the University of Calgary, its board members, officers, employees, faculty, students, appointees, invitees, contractors, and agents  from and against any claims, suits, actions, demands, judgments (including reasonable legal fees and expenses incurred in association therewith), liabilities, damages, losses or expenses, resulting from, or alleged to result from, your access or use of the Services or this Site, or your violation of these Terms.

14. Insurance: You shall, at your sole cost and expense, procure and maintain commercial general liability insurance on such terms and in such amounts that are reasonable and customary in the industry in which you are engaged.

15. Modifications and Termination: The Owners reserve the right to modify, terminate, suspend, or discontinue the Services, your access to the Services or this Site, modify these Terms, or change or remove any content on this Site, at any time without notice, at their sole discretion. By continuing to access or use the Services after these Terms have been modified, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using this Site and the Services.

16. Interruption: The Owners may, from time to time, interrupt the availability of this Site, without prior notice, for routine maintenance or other reasons.

17. Privacy: This Site does not use cookies and we do not disclose information to any public bodies, trustees, agencies, or individuals. We are committed to maintaining confidentiality and privacy of your personal information in accordance with the Freedom of Information and Protection of Privacy Act of Alberta (FOIP) and your personal health information in accordance with the Health Information Act of Alberta (HIA). We only collect information that is necessary for the operation and security of this Site. The Web server automatically collects your Internet domain name or Internet Protocol (IP) address. The information is collected and maintained solely for statistical reports on site and page traffic. While you may be identified depending on the “naming standards” followed by your Internet Service provider, individuals are not otherwise identified. The collection of this information is in accordance with FOIP. This information is not used for any other purpose.

18. Governing Law: The law of the Province of Alberta applies to these Terms, and the courts of the Province of Alberta will be the exclusive forum for the resolution of any disputes under these Terms without regard to choice of laws principles.

19. Complete Agreement: These Terms constitute the entire agreement between you and the Owners with respect to your access and use of this Site and the Services. These Terms replace all prior oral or written understandings or agreements in relation thereto.

20. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the Owners prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Owners may assign or transfer these Terms at their sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

21. No Waiver: The Owners’ failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms, or otherwise.

22. Miscellaneous Terms: Collaborations on the Services’ research and validation are welcome -- please contact us for details. The Owners can be contacted at ipm@innovatecalgary.com, and Dr. Shane Sinclair can be contacted at compassionresearchlab@gmail.com or sinclair@ucalgary.ca.

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