Last update: 04 Feb 2010

GENERAL POLICY ON TERMS OF USE
PERSONAL INFORMATION PROTECTION POLICY
 

1. Terms of use

Please read the following terms closely. These terms (herein “the terms”) govern the access of the user (herein “you”) to the FMOQ Web site (herein “the site”) as well as the extranet (herein “the services”) and the use you make of them.

The FMOQ reserves the right to modify or otherwise update these terms at any time and without prior notice.  

By using the site, you agree to abide by and respect these terms and any modification to them.
 

2. Description of services

The FMOQ maintains the site to provide information and communication tools on a wide range of subjects in health and medicine for its members and the general public.

The FMOQ also provides its members with information on a number of subjects related to various aspects of their medical and professional practice. As well, the FMOQ offers its members online services (herein “services”), which allows them to register for continuing professional development activities, access online training products and register for the FMOQ’s “Programme d’Autogestion de Développement Professionnel Continu” (Self-Managed Continuing Professional Development Program).
 
You are responsible for covering the fees required to consult the site and to use its services, particularly for Internet connection fees or for systems providing access to Internet content. You are also responsible for ensuring that you have the proper equipment to maintain this connection.

3. Notice of non-liability regarding the content of the present site

All content posted on the site is solely for consultation for informational and educational purposes. The information posted on the site is not to be used to make any decisions or conduct any transactions whatsoever.
In no event shall the use of the site replace consultation with a recognized professional. The FMOQ recommends that you always seek the services of a professional for answers to your questions, especially if they are medical, financial or legal in nature.
The decisions and transactions you make that are based on the information presented on the site are your entire responsibility. In no event shall the FMOQ be liable for any of these decisions or transactions nor can it be liable for any direct or indirect damages and losses arising from them.
 
In no event can the FMOQ, its directors and its administrators guarantee the accuracy or completeness of the information on the site, nor can they support any opinions expressed therein. The FMOQ, therefore is not responsible for any actions arising from the use of this information by physicians or other individuals.
 

4. Notice of non-liability regarding health questions

None of the content on the site may be used to make any medical decisions whatsoever (diagnosis, treatment, etc.). In no event shall the use of services replace consultation with a physician or any other health professional, nor shall the FMOQ be held liable for any decision based on such information.
 

5. Reliability of information

The health information and services offered on the site to FMOQ members are provided solely for informational purposes. This information comes from different sources and is subject to frequent updates. Consequently, in spite of their efforts to maintain the most up-to-date information possible, in no event shall the FMOQ, its directors, employees and associated partners/consultants be liable for the content or accuracy of the information posted, nor for the consequences or damages arising from any inaccuracy of information.
 

6. Identification

You agree that you are under no obligation to provide your identity information while consulting the site, except when accessing the on-line services the FMOQ offers its members.
 

7. Protection of personal information

The FMOQ personal information protection policy forms an integral part of the terms herein.

8. Links to other Web sites

The site includes links that allows users to access Web sites that are not managed or controlled by the FMOQ. The FMOQ provides these links for your convenience solely and is not responsible for the content of linked sites. The FMOQ neither exercises nor assumes any control or responsibility for the content posted (including right to display), links, products, goods, services or any other available material on these sites as well as their use, security and confidentiality practices.

It is your responsibility to exercise sound judgment when accessing these sites, especially with regard to a site’s pertinence, usefulness or completeness. In no event shall the FMOQ be liable for any direct or indirect damages or losses linked to the use of these sites or for their inaccessibility.

9. Electronic commerce

a. User name, password and security
  When you register for the services offered to FMOQ members, you must provide your identity information as well as a user name and password to allow you access to the site’s services.

You are entirely responsible for maintaining the confidentiality of your password as well as for any other activities that could result from your password use.

You are entirely responsible for immediately informing the FMOQ of any unauthorized use of your user name and/or password and/or any security breach, and for taking appropriate measures to ensure that use of these services occurs under optimal security conditions.

In no event shall the FMOQ be liable for any losses or damages arising from failure to respect the obligations outlined in this section.
 
b. Payment
You agree that you must provide a credit card number or other information that will be used to pay for products or services that the FMOQ provides to its members on the site. You verify that the information provided is accurate and complete. This information will be used to bill you for any products or services purchased on the site.

The FMOQ reserves the exclusive right to update, modify and adjust the services and prices offered, however and whenever, without prior notice.

All prices are in Canadian dollars and are subject to provincial and federal taxes.
 

10. Restrictions regarding use of content

All content published on the site or that is otherwise accessible via the site is protected by copyright. As a result, it is prohibited to:

•  falsify or manipulate the content of the site in any manner whatsoever
• download, post or send by e-mail or other medium any content from the site containing computer viruses or disruptive elements, without limiting the foregoing 
• impede, disrupt or use the site or connected servers or networks in a negligent manner or fail to respect the outlined terms, procedures, general rules or regulatory provisions applicable to networks connected to the site
• violate, intentionally or unintentionally, any national or international law or rule in effect as well as any other rule carrying force of law
• collect and store other users’ personal data
• sell, resell or operate for any business purposes whatsoever, any part of the site, any use of its services or any access rights to the site.

11. Copyright

All content published on the site or otherwise accessible via the site is protected by copyright. The content and content copyright are owned or controlled by the FMOQ or its content providers.

Without the express permission of the FMOQ, it is prohibited to:

•  copy, modify, rent, borrow, sell, distribute or create derivative works based in whole or in part on the content of the site
•  tamper with the design or layout, or in any other manner attempt to find the source code (with the exception of cases prescribed by law), sell, allocate, sub-license or transfer in any manner whatsoever, any rights related to the content of the site
• modify the content of the site or use modified versions of the site in any manner; including, but not limited to, obtaining unauthorized access to services
• access services offered by any other means than the interface provided by the FMOQ

12. Trademark

The FMOQ name and logo are registered trademarks in Canada and are the property of the FMOQ. It is prohibited to use or disseminate them in any manner whatsoever without written consent of the FMOQ.

13. Modification or interruption of service

The FMOQ reserves the right to modify or temporarily or permanently interrupt the site and services offered at any time. In no event shall the FMOQ be held liable for any modification, suspension or interruption of the site or the services offered, nor for any direct or indirect damages or losses arising from it.

14. Cancellation

The FMOQ reserves the right to terminate, in whole or in part, user name and password access rights as well as delete your user name and password.

The FMOQ also reserves the right to remove or move content, for any reason whatsoever, particularly, due to lack of use or should the FMOQ have sufficient reason to believe that you have violated the terms of use. Any termination of access will occur without prior formal notice.
 
The FMOQ also reserves the right to deactivate or delete at any moment and with immediate effect, any folder or file present in this folder and/or prohibit any future access to these files or services.

In no event shall the FMOQ be liable for the termination of access to services for you or for any third party.
 

15. Warranty

All content on this site is provided “as is”, without any express or implicit warranty, at your own risk.

The FMOQ provides no warranty as to the accessibility, pertinence, security, integrity, quality, timeliness and compatibility of the site or specific linked sites, nor to the non-infringement of terms by other users.
 
You are responsible for any direct or indirect damage or loss to your computer or any other computer equipment or for any loss of data arising from the use of the site.

In no event shall any advice or information, whether oral or written, obtained from the FMOQ be used as a warranty not expressly provided for in this notice.

Regarding the use of the site, you hereby accept to protect the FMOQ, its managers, representatives, employees, successors and right holders and to indemnify, defend and protect them against any claim, legal proceedings, losses and fees and assume full responsibility for them.
 

16. Choice of law in the event of litigation

The present agreement is governed by the laws of Québec and is considered a contract, irrespective of conflict of law principles.

All litigations, disagreements or claims pertaining to the site are subject to the exclusive judgment of competent tribunals in the province of Québec, in the judicial district of Montréal.

17. Language

You hereby agree that the French version of the terms takes precedence over the English version in the event of any discrepancy.
 

18. Miscellaneous

The terms as well the FMOQ policy regarding confidentiality and privacy constitute the full agreement between the FMOQ and you regarding use of the site. Failure by the FMOQ to enforce strict abidance of the measures herein cannot be considered a renunciation of these rights. In the event one of the conditions of the following terms be declared void, invalid or otherwise unenforceable by a court of law, none of the other measures herein shall be affected.

PRIVACY AND DATA PROTECTION POLICY

The FMOQ takes all matters concerning the protection of personal information and confidentiality very seriously. Accordingly, it takes the appropriate measures to ensure the confidentiality of personal information related to the user (herein “you”).
 

19. Protection of personal information

By personal information, it is agreed all information about you that you voluntarily provide which allows us to identify you.

Personal information gathered by the FMOQ on the extranet is confidential: only personnel authorized to follow up on requests for which it has been provided have access to it. This information will never be rendered public, sold or shared with a third party without your consent, except to maintain quality service.

The FMOQ cannot guarantee the security or the confidentiality of any communication to or from the site. In fact, e-mails and forms that you send the FMOQ are not, as a general rule, secure during sending. It is therefore important that you do not include any personal or confidential information in them.
 

20. Collection of personal information on the extranet

The personal information collected on you from the extranet is used exclusively to follow up requests for online services or products that the FMOQ offers its members.

21. Use of cookies

The extranet uses cookies. These files allow us to identify your Web browser from visit to visit and page to page during a session in order to facilitate your extranet access and browsing. Cookies can only be read by the Web site that transfers them to your computer. When you reach the transactional module of the site (online purchases or other), a cookie is automatically created in your computer. Our server can access this cookie, which stores information that identifies you and facilitates your browsing. If cookies are deactivated, some functionalities cannot be executed.  

22. Links to third-party Web sites

For your convenience, the site proposes links to entire or parts of third-party sites. The FMOQ does not exercise any control over the content or operation of these sites, nor their confidentiality practices.
 
As a result, any personal information that you provide via these sites is subject to the privacy protection policy of the latter. It is your responsibility to stay informed and ensure that your information is protected.

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