Term of use

By accessing the website www.mypainmanagement.ca ((the “Portal”) developed and offered by the Université de Sherbrooke for the Quebec Pain Research Network (collectively “QPRN,” “us” or “our”) and by using all the other services linked to it (the “QPRN Services”), you accept all the terms of use of the Portal (the “Terms of Use”) as a User (as defined in paragraph 2.1). The QPRN and the Users are collectively referred to as the “Parties,” or individually a “Party.”

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU UNDERSTAND THAT USING THE PORTAL IS FORBIDDEN AND, IF YOU HAVE ACCESS TO IT, YOU MUST IMMEDIATELY CEASE SUCH USE.

  1. The Portal is a directory of information resources about education and training regarding pain management, which offers, in particular, a targeted search tool for categorized information according to the type of resource, user, knowledge sought and field of interest, as well as according to the desired medium and language. By accessing the Portal, you agree to do so on a voluntary basis, without any obligation or external constraint.
  2. The QPRN Services should not be used if you need immediate help (e.g., severe pain, sudden sharp pain, etc.) or in case of emergency. If you have a problem that requires immediate help or urgent assistance, you should:
    1. call the Info-Santé 811 telephone consultation services by dialling 811 to communicate with a nurse;
    2. call the information and support line of the Quebec Association of Chronic Pain by dialling 1-855-368-5387 and;
    3. for all emergencies, immediately call the emergency services by dialling 911 or go quickly to the emergency department of the nearest health institution.IF YOU ARE CONSIDERING SUICIDE OR IF YOU MAY BE DANGEROUS TO YOURSELF OR OTHERS, YOU MUST STOP USING THE QPRN SERVICES AND CONTACT THE EMERGENCY SERVICES IMMEDIATELY BY DIALLING 911 OR BY GOING TO THE EMERGENCY DEPARTMENT OF THE NEAREST HEALTH INSTITUTION.
  3. The Portal does not offer any medical advice nor does it claim in any way to be a substitute for the services offered by duly qualified professionals such as psychologists, psychiatrists, doctors, physiotherapists, nurses and/or any other healthcare professional. We recommend that you always seek the advice of a healthcare professional for any question regarding your health. In any case, you should never exclude, avoid or delay following the recommendations made by your healthcare professional because of information provided through the Portal.
  4. By using the Portal, you acknowledge that although the content of the information provided through the Portal and the QPRN Content (as defined in paragraph 3.1 below) may have been prepared and/or verified by the QPRN and more particularly by resources with professional qualification in the health field, the content of such information and the QPRN Content does not create any professional relationship between a professional and a patient and does not in any way constitute an opinion, a medical advice, a diagnosis, a treatment for a specific pathology, and is provided solely for the purpose of giving you information on pain management.
  5. The Portal may contain hyperlinks to third party websites (the “Third Party Websites”) and such Third Party Websites may be subject to different terms of use and different practices regarding the use of your personal information. Accordingly, the QPRN cannot be held responsible for the continued availability or accuracy of such Third Party Websites as well as for the content, products and services available thereon. In all cases, the QPRN reserves the right to add or remove hyperlinks to Third Party Websites at any time and without notice.
  6. Due to the nature of the Internet, the QPRN cannot guarantee the continuous, uninterrupted availability and accessibility of the Portal. The QPRN may temporarily suspend the availability of the Portal or certain parts or modules thereof if the QPRN deems, in its sole discretion, that modifications must be made to the Portal, to protect the security or integrity of its servers or to maintain or improve the Portal. You acknowledge and agree that the QPRN may improve, increase or modify the Portal or introduce or withdraw new QPRN Services from time to time.
  1. In order to access and use the Portal, you must be a natural person of at least thirteen (13) years old seeking to learn about pain and its management solutions for personal and non-commercial purposes whether as a patient, a caregiver or as a healthcare professional (collectively the “User,” “you,” or “your”).
  1. The QPRN allows Users to access and display any content that the QPRN may make available on or through the Portal such as texts, photos, videos or other materials and information, including content from the QPRN which is owned by it and any content licensed or authorized for the use of the QPRN by a third party (the “QPRN Content”).
  2. The Portal and the QPRN Content may, in whole or in part, be protected by copyright, trademark and/or other applicable laws of Canada and other countries. You acknowledge and agree that the Portal and the QPRN Content, including all intellectual property rights associated with it, are and shall remain the exclusive property of the QPRN and/or its licensors or third parties allowing such use. You shall not remove, alter or otherwise affect any copyright, trademark or other intellectual property rights incorporated in or accompanying the Portal or the QPRN Content. All trademarks, brands, logos, trade names and any other intellectual property of the QPRN, as the case may be, used or related to the Portal and the QPRN Content are trademarks or registered trademarks of the QPRN in Canada. You acknowledge and agree that the trademarks, service marks, logos, trade names and other third party intellectual property rights used or related to the Portal and/or the QPRN Content are used for identification purposes only and may be the property of their respective owners.
  3. 3.3. You shall not use, copy, adapt, modify, prepare, distribute, license, sell, transfer, publicly display, transmit or otherwise exploit the Portal and/or the QPRN Content. No licence or right controlled by the QPRN or its licensors, except for the licences and rights granted under these Terms of Use. subject to your compliance with these Terms of Use, the QPRN grants you a limited, non-exclusive, non-assignable, revocable, non-transferable licence to
    1. use the Portal; and
    2. access and view any content made available to you on or through the Portal, including the QPRN Content, and accessible for your personal and non-commercial use.
  4. The QPRN complies with all copyright laws and expects its Users to comply with them as well. If you believe that any content on the Portal infringes any third party intellectual property rights, please notify us at the following email address: mypainmanagement@qprn.ca.
  1. As a User of the Portal, you acknowledge that you are solely responsible for complying with all laws, rules, regulations and obligations that may apply to you in the context of your use of the Portal.
  2. As part of your use of the Portal, you agree not to:
    1. violate or circumvent any applicable law or regulation, any agreement related to the rights of employers, partners, third parties, or the Terms of Use, or the policies or standards adopted by the QPRN;

    2. use the Portal or the QPRN Content for commercial or other purposes that are not expressly permitted by these Terms of Use or in a way that falsely involves the QPRN or otherwise misleads third parties about your affiliation with the QPRN;
    3. copy, store or otherwise access or use any information, including any personal information about another User contained on the Portal, in any way that violates the privacy policy of the QPRN, accessible through the following hyperlink: http://www.gerermadouleur.ca/en/privacy-policy/ or these Terms of Use, or which otherwise violates the privacy of Users and third parties;
    4. use or display the Portal or the QPRN Content or any other individual item found within the Portal, the name of the QPRN, any trademark of the QPRN, the logo or any other intellectual property right or the design of any page contained on the Portal, without having obtained the prior written consent of the QPRN;
    5. dilute, affect or otherwise violate any trademark owned by the QPRN in any way including through unauthorized use of the QPRN Content by registering and/or using the QPRN name or derived terms in domain names, trade names, trademarks or others, or by registering and/or using domain names, trademarks or other identifiers which closely emulate or create confusion with the domain name or trademark of the QPRN;
    6. use any malware to access and/or collect any data on any User of the Portal and/or the QPRN Content found on the Portal;
    7. attempt to decipher, compile or reverse engineer or any similar action with respect to any software used to provide the Portal;
    8. take any action that could cause damage or affect the performance or proper functioning of the Portal; or
    9. violate or infringe the rights of any person or otherwise cause harm to any person.
  3. You acknowledge that the QPRN has no obligation to monitor the access or use of the Portal by any User or to review or modify any QPRN Content or to block the access of anyone but has the right to do so in the following circumstances: i) to operate, secure and improve the Portal; ii) to ensure compliance with the Terms of Use by Users; iii) to comply with any applicable law, order or requirement of a court or other government organization; or v) otherwise as more fully set forth in these Terms of Use. Users agree to cooperate and assist the QPRN in good faith and to provide the QPRN with any information and to take any action that may be reasonably required by the QPRN to comply with any investigation undertaken by the QPRN or by a representative of the QPRN in relation to the use or abuse of the Portal.
  1. The QPRN makes no representations or warranties regarding the proper functioning of the Portal, its suitability for use or the absence of errors or interruptions during its use.
  2. The QPRN makes no representations or warranties regarding the skills or representations of researchers and/or healthcare professionals who have contributed to the development of the QPRN Content, nor the quality or accuracy of the information provided. It is your responsibility, at all times, to consult healthcare professionals of your choice for any pain management issue as well as to validate their skills and experience.
  3. The QPRN makes no representations or warranties regarding the accuracy, veracity and representativeness, as the case may be, of the QPRN Content or any other content that the QPRN may make available on or through the Portal.
    1. Without limiting the generality of the foregoing, considering that the Portal contains hyperlinks leading to Third Party Websites and that the QPRN has no control over the content of those Third Party Websites, the QPRN makes no warranty and cannot be held responsible for the validity of the content, products and services offered, as the case may be, on the Third Party Websites, or for any compatibility problem of the Third Party Websites with your devices and computer systems, or for the contamination by computer viruses attributable to the use of Third Party Websites or inadequate data protection, as the case may be, on Third Party Websites, or for the collection of your personal information and its use and disclosure on those Third Party Websites. For any compatibility problem, we refer you to our accessibility policy which is accessible through the following hyperlink http://www.gerermadouleur.ca/en/privacy-policy/.
  4. THE PORTAL COMPONENTS, ITS CONTENT AND/OR THE QPRN SERVICES (AS THE CASE MAY BE) ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE QPRN DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR VERBAL, LEGAL OR CONTRACTUAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
  5. The QPRN cannot be held responsible for any damage resulting from your use of the Portal, the QPRN Content and/or the QPRN Services offered on the Portal. The QPRN makes no representations or warranties and expressly hereby disclaims any liability for any treatment or action based on information offered or submitted, directly or indirectly, as the case may be, through the Portal.
  6. The use of the QPRN Portal and QPRN Services is at your own risk.
  1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, THE OVERALL RISK ARISING FROM YOUR ACCESS AND USE OF THE PORTAL AND THE QPRN CONTENT, THE PROVISION OF QPRN SERVICES, OR THE USE OF ANY OTHER SERVICE OR ANY OTHER INTERACTION THAT YOU MAY HAVE, WHETHER IN PERSON OR ONLINE, REMAINS YOURS. NEITHER THE QPRN NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PORTAL OR THE QPRN CONTENT SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR INCIDENT, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, TRAFFIC, BUSINESS INTERRUPTION, COMPUTER DAMAGE, SYSTEM DEFECTS, REPLACEMENT COSTS OR FOR ANY DAMAGE OR INCONVENIENCE RELATING TO I) THESE TERMS OF USE, II) THE USE OF OR INABILITY TO USE THE PORTAL OR THE QPRN CONTENT, OR III) ANY COMMUNICATION, INTERACTION OR ENCOUNTER, AS THE CASE MAY BE, WITH ANY PERSON WITH WHOM YOU MAY COMMUNICATE, INTERACT OR ENCOUNTER AS A RESULT OF YOUR USE OF THE PORTAL (INCLUDING HEALTHCARE PROFESSIONALS AND RESEARCHERS), WHETHER BASED ON LEGAL WARRANTY, CIVIL AND EXTRACONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY LEGAL LIABILITY, AND WHETHER OR NOT THE QPRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  1. To the maximum extent permitted by any applicable law, you agree to release, defend (at the option of the QPRN), indemnify and hold the QPRN, including, without limitation, its officers, directors, employees and agents, harmless from and against any claim, liability, damage, loss and expense including, without limitation, all legal and accounting costs, resulting from or in any way related to:
    1. your violation of these Terms of Use or any other policy or standard of the QPRN

    2. your inappropriate use of the Portal or the QPRN Services,
    3. your violation of any law, regulation or third party right.

  1. The QPRN may collect personal information that you provide when you visit the Portal. Access to and use of personal information are subject to the terms and conditions of the privacy policy of the QPRN accessible through the following hyperlink: http://www.gerermadouleur.ca/en/privacy-policy/.
  2. The QPRN may provide hyperlinks to Third Party Websites on the Portal. Those Third Party Websites may contain terms and conditions and privacy policies that are different from those of the QPRN. The QPRN is not responsible for the personal information that is collected, used or disclosed by any Third Party Website and the QPRN expressly disclaims any responsibility related to such collection, use or disclosure.
  1. We reserve the right to modify these Terms of Use at any time and without notice. You can verify if these Terms of Use have been modified and updated by referring to the “Last Update” date indicated at the top of this document. In any case, your continued use of the Portal after any modification of the Terms of Use shall constitute your acceptance of such modification.
  1. These Terms of Use shall be governed by the applicable laws of the province of Quebec.
  2. If any provision of these Terms of Use is or becomes invalid or unenforceable, the Parties shall continue to be bound by the other provisions of these Terms of Use. In this case, the Parties shall replace the invalid or unenforceable provision with provisions that, to the greatest extent possible, have an effect similar to the provisions which have been invalidated or deemed unenforceable, considering the content and purposes of these Terms of Use.
  3. You agree that these Terms of Use and all the agreements which are an integral part thereof may be automatically assigned by the QPRN at its sole and absolute discretion, without any notice to you, subject to applicable laws.
  4. The headings in these Terms of Use are for reference purposes only and may not be used in any way to interpret such section. The words “included” and “including” are deemed to be followed by the words “without any limitation.”
  5. Failure of a Party to act following a violation by another Party shall not constitute a waiver of that first Party’s right in connection with subsequent or similar violations.
  6. These Terms of Use govern your use of the Portal and take precedence over any agreement and/or understanding, if any, between the Parties, whether verbal or written.
  7. Any notice to be sent under these Terms of Use, any question related to the Portal or the QPRN Services shall be sent to the QPRN at the following email address: mypainmanagement@qprn.ca.