Power Over Pain – Terms of Use

About the POP Portal | Third-party Service Providers | Intellectual Property | Permitted Uses | Prohibited Uses | Termination or Restriction of Access | Disclaimer and Limitation of Liability | Indemnification | Governing Law and Jurisdiction | Data Use and Privacy | Miscellaneous Terms

This page describes the Terms of Use (“Terms”) that apply to your use of the Power Over Pain website (“Portal”). The Portal is operated through the Ottawa Hospital Research Institute (“OHRI”), the research arm of The Ottawa Hospital (“TOH”), referred to herein as “Operator”. Power Over Pain (“POP”) is an OHRI project funded by Health Canada and as such has certain obligations to Health Canada.

These Terms are a legal agreement between you and the Operator. Please review the Terms regularly as they may be updated from time-to-time. Your use of the Portal indicates your agreement to be bound by these Terms. If you do not agree with these Terms, please do not use the Portal.

1. About the POP Portal

The Portal provides access to free resources and services for pain management, mental health and substance use health support, including videos and articles, self-guided programs, peer support, and one-on-one counselling through POP. The Portal also provides a self-assessment tool intended to help you track your pain, mood, functioning, and substance use.

The Portal is not a healthcare provider. If you are in danger, or are experiencing a crisis or emergency with your physical or mental health, call 911 or contact your local emergency services.

2. Third-party Service Providers

The resources and services available through the Portal are provided by third-party service providers. If you engage with any of the service providers, for example, for peer support or one-on-one counselling, you create a relationship with that service provider that does not involve the Portal, and your relationship with the service provider is governed by any terms or agreement that the service provider may have with you. Please review our Privacy Policy for the policy regarding these third-party service providers.

3. Intellectual Property

The Portal and the content accessible through the website, including but not limited to text, graphics, audio, video, user interfaces, and software, is protected by copyright, trademark and other law and is the exclusive property of its respective owners. You are permitted to use the intellectual property on the Portal for personal, non-commercial use only. You may not copy, scrape, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any software used to provide or maintain this site.

4. Permitted Uses

You are permitted to access and use the Portal and the content accessible through this website for your personal use only. You are permitted to use the Portal for lawful purposes only and in accordance with these Terms. You are responsible for any wireless charges associated with the mobile use of the Portal.

5. Prohibited Uses

You may not access or use the Portal or the content accessible through this website to build a competitive site or service. You agree not to use the Portal in any way that violates these Terms or any applicable federal, provincial/territorial, local or international law or regulation, or in any manner that could disable, overburden, damage, or impair the Portal or interfere with any other party’s intellectual property, privacy rights or other rights or use of the Portal. Without limiting the generality of the foregoing, you may not use the Portal in a manner that:

  • transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information to the site;
  • gains or enables unauthorized access to the site or any of its features or functions, other users’ accounts, names, passwords, personal information or other computers, websites or pages, connected or linked to the site; or
  • modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the site or the use and enjoyment of the site by any other person.

6. Termination or Restriction of Access

Your access to and use of the Portal may be terminated or otherwise restricted at any time if, in the sole discretion of Operator, you violate these Terms or if deemed necessary to protect the Portal, POP, the Operator, or any other person.

7. Disclaimer and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR LIABILITY CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Your use of the Portal is at your own risk. The Portal, including any content made available on or through the Portal, is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, the Operator and our service providers expressly disclaim all representations, warranties and conditions of any kind, express, implied or collateral, including, without limitation, any representation, warranty or condition: (a) of merchantability, fitness for a particular purpose or non-infringement; (b) regarding the accuracy or completeness of any content accessed through the Portal; (c) that the Portal will meet your requirements; (d) that the Portal or any content will be available or that your use of the Portal will be uninterrupted, timely, secure, or error free; (e) that defects will be corrected; or (f) that the Portal is free of viruses or other harmful components.

In no event will the Operator or the service providers be liable for any damages whatsoever, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages arising out of the use, inability to use, or the results of use of the Portal, any sites linked to the Portal, any external resources or services referred to or linked to on the Portal, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. To the greatest extent permitted by law, in no event will the Operator, the service providers, or any other party involved in creating, producing, or delivering the Portal or any content, features, resources or services available through the Portal, be liable to you in any manner whatsoever, including without limitation, for any design made or action or non-action taken by you in reliance on the content, features, resources or services provided through the Portal.

8. Indemnification

You agree to defend, indemnify and hold harmless the OHRI, TOH, their affiliates, their service providers and any other party involved in creating, producing, or delivering the Portal, POP, or any content, features, resources or services available through the Portal and each of their respective officers, directors, employees, agents and representatives, including without limitation all third parties referenced or mentioned on the Portal, from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms; (b) your access to, use of, or reliance on the Portal, the content of the Portal, or any features, resources or services available through the Portal; or (c) your infringement of any intellectual property, privacy rights or other rights of any person.

9. Governing Law and Jurisdiction

Except if you are residing in Quebec, these Terms are governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario, unless the laws of the Canadian jurisdiction in which you reside require that the laws of such jurisdiction apply, in which case the laws of such jurisdiction shall apply. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario, unless required otherwise by applicable laws of your Canadian jurisdiction of residence. If you reside in Quebec, these Terms are governed by and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable in the Province of Quebec and you irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Quebec.

10. Data Use and Privacy

All uses of data will be in accordance with the Privacy Policy.

11. Miscellaneous Terms

These Terms, together with the POP Privacy Statement, contain the entire understanding and agreement between you and the Operator and supersedes any and all prior or inconsistent understandings relating to the Portal and your use of the Portal. These Terms cannot be changed or terminated orally and may not be modified except as described in these Terms. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to enforce its meaning shall survive the termination of these Terms. The section titles in these Terms are for convenience only and do not have any legal effect.

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