Disclaimer and Privacy Statement

Date Last Modified: March 24, 2009

Use of This Website

By accessing or using the Website of the New Brunswick Health Council (“NBHC” or “Site”), you are agreeing to the terms and conditions (“Terms and Conditions”) contained in this Disclaimer and Privacy Statement. Please read the Terms and Conditions carefully. If you do not accept these Terms and Conditions, please discontinue use of this Site immediately. The NBHC reserves the right to update this Site at any time, without notice. Visitors to this Site are responsible for reviewing this Disclaimer and Privacy Statement periodically for changes.

No Warranty

The NBHC is providing this Site and the information contained thereon on an "as is" basis without representations, warranties, guarantees or conditions of any kind, whether express or implied, statutory or otherwise. To the fullest extent permitted by law, the NBHC disclaims all warranties, representations and conditions, including but not limited to, the warranties of performance, merchantability, title, non-infringement of third parties’ rights, and fitness for a particular purpose. The NBHC makes no warranties about the availability, quality, accuracy, completeness, reliability, timeliness, usefulness, appropriateness, or suitability of the information available on this Site, or its services, software, text, graphics and links and connections. Without limiting the generality of the foregoing, the NBHC does not warrant that this Site will operate error free, that no typographical errors or other errors have been made or that the NBHC and its servers are free of computer viruses or other harmful and disruptive components. The NBHC assumes no obligation to update the information on this Site or to inform you on further developments concerning topics discussed.

Limitation of Liability

By accessing and using the NBHC’s Website, you acknowledge and agree that you are doing so at your own risk and that in no event will the NBHC and/or its employees, and agents, and/or the parties involved in the creation or delivery of this Site, including the contributors of information and materials to this Site, be liable to you or any third party for any claim, loss, cost, expense, or damage whatsoever, including any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with this Site, the use or misuse of information contained therein or the access to or use thereof. There limitations and exclusions apply even where NBHC has been notified of the possibility of such claim, loss, cost, expense or damage.

Links to Other Sites

This Site offers links to other Websites. Such links are provided to you for your convenience and reference only. The NBHC has not reviewed and does not expressly or implicitly endorse other Websites or any information or materials accessible via such links or guarantee that same will be accessible. As such, the NBHC is not responsible for the privacy practices, availability, and the functioning of other Websites and does not assume any responsibility for the accuracy or appropriateness of the information posted thereon. You visit third party Websites available through links and connections from this Site at your own risk. You may not create any links from other Websites to this Site, unless expressly permitted by the NBHC. To obtain such permission, please contact our administrator at: Pavillon J.-Raymond-Frenette, 55 Crowley Farm Road, Moncton, N.B., E1A 7R1.

Copyright / Limited License

You acknowledge that any and all information, content and material available on this Site, including without limitation, reports, data, databases, graphics, interfaces, web pages, text, files, images, illustrations, titles, layouts, images, designs, software, video clips, audio clips, trademarks, logos and trade names (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, is the property of the NBHC and/or its content contributors, or its licensors, as the case may be, and is protected by copyright and trademark laws of Canada and international treaties where applicable.

As a visitor to this Site, you are granted a limited, non-transferable and non-exclusive license to access, read or print one copy of the Content for personal, non-commercial use only; provided that all copyright and other proprietary notices are retained. Except for the limited license granted to you with respect to the Content, the NBHC does not grant any other express or implied license to you with respect to the Content, including any patent, trademark or copyright. You may not copy, modify, reproduce, store, display, translate, sell or distribute the Content or use it in any manner not expressly permitted by the Terms and Conditions without the prior written approval of an authorized representative of the NBHC and/or the third party to whom it belongs. Please address any request for reproduction to:

Communications Director
New Brunswick Health Council
Pavillon J.-Raymond-Frenette
55 Crowley Farm Road
Moncton, N.B., E1A 7R1.

Prohibited or Unlawful Use / Indemnity

You represent and warrant to the NBHC that you will not use the Site for any unlawful or prohibited purpose or contrary to the Terms and Conditions set out in this Disclaimer and Privacy Statement. You further agree that you will not use this Site in any manner whatsoever which may cause this Site to become disabled, damaged, overloaded, or impaired or interfere with another visitor's use and enjoyment of this Site. You acknowledge and agree that you are prohibited from obtaining or attempting to obtain any materials or information from this Site through any means not intentionally made available or provided through this Site by the NBHC. You agree at all times to indemnify, defend and hold harmless the NBHC, its officers, directors, affiliates, and employees against all actions, proceedings, costs, claims, damages, demands, liabilities, and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the NBHC, directly or indirectly, in respect of your use or misuse of the Content or this Site, including without limitation, infringement claims.

Privacy Statement

NBHC is committed to providing visitors with a Website that respects their privacy. This page summarizes the privacy policy and practices on this Site.

Collection and Use of Personal Information.

Personal information is any recorded information about an identifiable individual, such as your name, e-mail address, telephone number, age, IP address, etc. the NBHC does not automatically collect personal information from its visitors to its Site. Should you choose to provide personal information to us through email or by other means, the information will only be used for the specific purposes for which it has been provided (e.g. responding to a specific request, registering for our e-newsletter or application for employment) and as permitted by law. The personal information we hold is kept in our files during the period necessary to provide you with the services requested.

Disclosure of Personal Information.

Unless authorized by law, any personal information that you provide to us will not be disclosed to third parties and will only be shared internally to fulfill the specific purpose for which you provided the information. The NBHC may disclose personal information where permitted by law, for example, in connection with legal proceeding or claims of copyright infringement and other unlawful acts associated with a visitor’s use of this Site, or if express consent is obtained from you.

Your Consent.

When you ask to be added to our e-newsletter mailing list or apply for employment with NBHC through this Site, the fact that you are doing so provides the NBHC with implied consent to use personal information to fulfill your request. You may withdraw your consent at any time by contacting our administration department referenced under the “Contact Us” section below.

Use of Cookies.

The NBHC uses cookies only when you login to a secure section of the Site, such as our Extranet. A "cookie" is a piece of data stored by your internet browser on your computer’s hard drive without your knowledge and allows us to monitor your use of the Site. For example, when we use a cookie to identify you, you would not have to login a password every time you proceed to a different page within the secured part of this Site. Cookies are also used to help us measure the number of visits, average time spent, page views, and other statistics relating to your use of the secured portion of our Site. You are always free to decline our cookies, if your browser permits, although in that case you may not be able to use certain features on the secure portion of our Site and you may be required to re-enter your password more frequently while you are using our Site.

Security.

The personal information that the NBHC collects from you is confidential, and physical, administrative and technological measures are taken to ensure confidentiality. Within the NBHC, your personal information is accessible only to those of our employees who need it in order to perform their duties; that is, to provide you with the services you have requested. Access to your Personal Information. You have the right to consult the personal information we hold about you, subject to the restrictions provided by law, and as the case may be, to request that the information be corrected if it is inaccurate, ambiguous or collected in violation of the law. You can request access to your personal information stored by the NBHC. To contact us, please refer to the “Contact Us” section below.

Contact Us.

If you believe that the applicable laws relating to the protection of personal information or our commitment to confidentiality have not been respected, or if you have any questions or comments you may contact us at:

Communications Director
New Brunswick Health Council
Pavillon J.-Raymond-Frenette
55 Crowley Farm Road
Moncton, N.B., E1A 7R1
Telephone: 1.877.225.2521
E-Mail: info@nbhc.ca

Updates to these Terms and Conditions

The NBHC may modify, alter or otherwise update the Terms and Conditions applicable to this Site from time to time, without notice, and you agree to be bound by the Terms and Conditions in effect at the time you access this Site. The date of the last modification will appear at the top of this Disclaimer and Privacy Statement. You undertake to review the terms applicable to this Site each time you access and use this Site and you agree to be bound by the terms of use that are in effect at that time. Your access and use of this Site constitutes proof of your consent to be bound by these Terms and Conditions.

Severability

In the event that any part of a provision(s) of the Terms and Conditions set out in this Disclaimer and Privacy Statement is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by a court of competent jurisdiction, be applied to the fullest extent possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of the Terms and Conditions set out in this Disclaimer and Privacy Statement is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the Disclaimer and Privacy Statement. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

By accessing and using this Site, you agree and accept that these Terms and Conditions shall be governed by the laws of the Province of New Brunswick and the applicable laws of Canada, without reference to conflict of laws provisions. By using this Site, you submit to the exclusive jurisdiction of the Courts of the Province of New Brunswick, Canada, as the proper and most convenient forum for the final determination of any matter in dispute and waive any objections based on venue in any such claim, action and/or proceeding.

Copyright © New Brunswick Health Council, 2009
All rights reserved.
Any unauthorized reproduction, storage, transmittal or distribution,
in whole or part, is strictly prohibited.