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Terms and Conditions

The Extendicare Group
Website Terms of Use

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

Acceptance of these Terms of Use and any Revisions Thereto

Extendicare Inc. (“Extendicare”) and or its affiliates and subsidiaries (collectively, the “Extendicare Group”) provides this website (the “Website”) to you (“You”) subject to your acceptance of the following terms and conditions of use (these “Terms of Use”). By accessing or using the Website You agree to be bound by these Terms of Use without limitation or qualification. If You do not agree to be bound by these Terms of Use, You must not access or use the Website any further.

The Extendicare Group may, at any time, without notice or liability, revise these Terms of Use by updating this posting. You should periodically revisit this posting to review any revisions to these Terms of Use. If any revision is not acceptable to You, You must cease accessing and using the Website. If You continue to access or use the Website after any revisions are posted You will be deemed to have accepted those revisions.

Use and Restrictions

You may access and use the Website and the information, features and services thereon, including any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and the “look and feel” of the Website (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms of Use.

Subject to these Terms of Use, The Extendicare Group grants You a non-exclusive, non-transferable, revocable licence to use the Website and the Content solely for your own personal and non- commercial use provided You agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content.

Except as set forth herein, You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, display, post, disseminate, distribute, publish, broadcast, transfer, transmit, perform, create derivative works from, sell or sublicense the Content without the express written consent of Extendicare. These prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).

The Extendicare Group is not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, the Website or any Content rests with You. You further agree that The Extendicare Group shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Website or any Content.

Intellectual Property Rights

The Website is owned and operated by the Extendicare Group. The Website and all of the Content are, and at all times remain, the property of Extendicare, its affiliates or third-party licensors. The Website and all of the Content are protected by Canadian, United States and international intellectual property laws. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by The Extendicare Group may be subject to additional restrictions.

Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of the relevant member of the Extendicare Group (the “Extendicare IP”) or third parties (the “Third Party IP”). Each member of the Extendicare Group is, and at all times remains, the sole owner of the Extendicare IP of which it is the owner. The display of the Content, the Extendicare IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the Extendicare IP or the Third Party IP. Use of any of the Content, the Extendicare IP or the Third Party IP, without the prior written consent of Extendicare, is strictly prohibited.

Third Party Websites and Content Linked to the Website

The Website may contain links to third party websites or content posted on third party websites (the “Links”). The Extendicare Group provides the Links only as a convenience to help You identify and locate other Internet resources that may be of interest.

You acknowledge that in providing the Links Extendicare:

  1. does not endorse any third party website or content accessible via the Links;
  2. does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website or content;
  3. does not make any representation or warranty of any kind regarding the Links;
  4. s not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
  5. is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.

You agree that You are solely responsible for:

  1. taking all protective measures to guard against viruses and other destructive elements;
  2. abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
  3. evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.

Links to the Website on Third Party Websites

If You want to include a link to the Website on your website (the “Third Party Link”), You must:

  1. provide The Extendicare Group with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
  2. obtain the prior written consent of The Extendicare Group to establish the Third Party Link and abide by any terms and conditions required by The Extendicare Group as part of its consent.

The Extendicare Group may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to You. Upon exercise of this right by Extendicare, You must immediately remove all of your links to the Website. If You refuse or neglect to remove all of your links to the Website, You acknowledge that such refusal or neglect will result in immediate and irreparable damage to The Extendicare Group and that The Extendicare Group shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.

The Extendicare Group is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.

Registration, Account and Password

Access to certain Content on the Website may require registration or subscription. Should You choose to register or subscribe for any such Content, You agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.

You agree to be responsible for:

  1. maintaining the confidentiality of any passwords or other account identifiers which You choose or are assigned as a result of any registration or subscription process; and
  2. all activities that occur under your account or password.

You further agree to:

  1. notify The Extendicare Group immediately of any unauthorized use of your password or account; and
  2. ensure that You log out of your account and close your browser window upon completing your use of the Website.

The Extendicare Group shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms of Use.

Content Supplied by Users

The Website may provide various services that permit You and other users to submit, upload, post or otherwise make available, and/or store, Content on the Website and that may or may not be viewed by You or other users.

You agree not to upload, post, e-mail, store or otherwise transmit any Content that:

  1. defames, libels, abuses, harasses, threatens or otherwise violates the legal rights, including privacy rights, of third parties;
  2. constitutes, advocates or encourages conduct that would constitute a criminal offence or give rise to civil liability, violates these Terms of Use or is otherwise objectionable, offensive, inappropriate or unlawful, as determined by The Extendicare Group in its sole and absolute discretion;
  3. is protected by intellectual property rights owned by third parties without the express permission from the owner or rights holder;
  4. harvests, solicits or collects passwords or personal information;
  5. contains a virus or other harmful component or creates a virus or other harmful component;
  6. is false or misleading, impersonates another individual or entity or implies an affiliation with, or endorsement by, Extendicare;
  7. contains advertising or which engages in commercial activities and/or sales; or contains promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.

You agree that all communications sent by You or Content provided by You are on a non- confidential and non-proprietary basis. You acknowledge that the Website is not a secure medium for communication except where indicated. You agree that The Extendicare Group is free to use your communications and Content including, without limitation, any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing and/or marketing goods and services. You grant The Extendicare Group a sub-licensable, perpetual, non-exclusive, worldwide, royalty-free licence to link to, use, copy, display, disseminate, reproduce, transmit, modify and prepare derivative works of, any communications sent by You or Content provided by You. The Extendicare Group agrees to use all of your communications and Content in accordance with Extendicare’s Website Privacy Policy.

You agree not to assert any ownership right of any kind in your communications and Content (including, without limitation, copyright, trade-mark, patent, unfair competition, moral rights, or implied contract). You hereby waive the right to receive any financial or other consideration in connection with your communications and Content including, without limitation, acknowledgement of You as the source of such communications and Content.

You acknowledge that You, not Extendicare, have full responsibility for your communications and Content including but not limited to, its legality, reliability, appropriateness, originality and copyright ownership. You agree to pay for all royalties, fees, damages and any other monies owing any third party by reason of any posting and/or storage of Content by You on the Website.

The Extendicare Group may investigate, review or monitor Content that is posted and/or stored on the Website. However, The Extendicare Group is under no obligation to do so and will not assume liability or responsibility for any Content posted and/or stored by users on the Website. The Extendicare Group has the right to refuse, move or remove any Content that is posted and/or stored by users on the Website without notice, without cause and for any reason. The Extendicare Group may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Extendicare’s discretion, The Extendicare Group will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.

Disclaimers

You expressly understand and agree that:

  • The Content and the Links are provided for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
  • The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, either express or implied.
  • Extendicare, does not make any, and to the maximum extent permitted by law expressly disclaims all representations, warranties, covenants and conditions, express or implied by operation of law or otherwise, with respect to the Website, the Content and/or the Links, including, without limitation:
  • Warranties or conditions of title and non-infringement;
  • Implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
  • Warranties or conditions that the Content will be useful or meet your requirements or expectations that the Content or Website will be available, uninterrupted, timely, secure, error free, or free of defects, computer viruses or other harmful components;
  • Warranties or conditions as to privacy or security; and
  • Warranties or conditions arising from any course of dealing, course of performance or usage of trade, with respect to the website, the content or the links.
  • No advice or information, whether oral or written, obtained by You from the Extendicare Group, or from the Website, shall create any warranty not expressly stated in these Terms of Use.
  • Warranties or conditions of title and non-infringement;
  • Implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
  • Warranties or conditions that the Content will be useful or meet your requirements or expectations that the Content or Website will be available, uninterrupted, timely, secure, error free, or free of defects, computer viruses or other harmful components;
  • Warranties or conditions as to privacy or security; and
  • Warranties or conditions arising from any course of dealing, course of performance or usage of trade, with respect to the website, the content or the links.

Medical Advice

Nothing in this Website is not intended to be, or is, medical or personal advice.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL EXTENDICARE, OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

 

You expressly acknowledge that The Extendicare Group is entering into these Terms of Use and is making the Website, Content and Links available to You in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between You and Extendicare. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by The Extendicare Group of your use of, or access to, the Website.

Your Representations and Warranties

You represent and warrant that:

  1. You are an individual and have reached the age of majority in the jurisdiction in which You are resident.
  2. You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
  3. You will use the Website only for your personal and non-commercial use and only as authorized by these Terms of Use.
  4. You are fully able and competent to enter into, and abide by, these Terms of Use.
  5. You own all Content submitted to or stored on the Website or otherwise have the right to grant the licence to The Extendicare Group set forth in these Terms of Use with respect to your communications and Content.
  6. The posting and/or storage of your Content on the Website does not violate the privacy rights, publicity rights, trade-mark rights, copyrights, contract rights or any other rights of any third party.

Indemnity

You agree to defend, indemnify and hold harmless each of Extendicare, its affiliates and each of their respective directors, trustees, officers, employees, and agents from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:

  1. your breach of any of these Terms of Use; or
  2. your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links.

Choice of Law

You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of law principles. The Extendicare Group and You each agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

Privacy

Any of your personal information which The Extendicare Group collects via the Website is subject to Extendicare’s Website Privacy Statement which is available at http://Extendicare.com/website-privacy-statement and is incorporated by reference into these Terms of Use.

Use of Cookies

The Extendicare Group may use cookies to personalize interactions with the Website. You do not have to accept our cookies and may set your browser to restrict their use and may delete them after they have been placed on your computer or mobile devices. If you do not accept (or delete) cookies you may find that some areas of the Website may take more time to work or may not function properly. Before using our websites, you are advised to check your current browser settings to ensure that the settings reflect your consent for the Extendicare Group to place cookies on your devices.

The Extendicare Group may also collect additional information from your web browsers each time you visit the Website. The Extendicare Group may collect information about the pages that you visit and the time you spend on each web page or area of the Website, and other actions that you take while using the Website. This information may include your Internet Protocol (“IP”) address, the type of browser, the time that your browser was used to access our websites, and the referring website’s address.

Internet service providers may also use other standard web-based technologies to analyze the movements of you while accessing the Website. These technologies help the Extendicare Group ascertain the effectiveness of product and service campaigns and marketing programs, allow the Extendicare Group to customize the services offered on or through the Websites, and help determine the best use for website content, and product and service offerings. Some of this information, including the IP address, may be stored on the Extendicare Group’s Internet service provider’s server logs for extended periods of time.

General

These Terms of Use constitute the entire agreement between The Extendicare Group and You with respect to your use of the Website including, without limitation, any of the Content and/or any of the Links. These Terms of Use supersede all prior communications, representations or agreements, either oral or written, between Extendicare, and You with respect to the Website. Additional terms and conditions may apply when You use Content provided by any other user or third party or any of the Links.

If any section (or part thereof) of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of these Terms of Use, which shall remain in full force and effect. Extendicare’s failure to insist upon or enforce strict performance of any section of these Terms of Use or any right shall not be construed as a waiver of any such section or right.

These Terms of Use shall enure to the benefit of The Extendicare Group. The Extendicare Group may assign its rights and duties under these Terms and Conditions at any time without notice to You. You may not assign your rights and duties under these Terms of Use to any individual or entity at any time.

Changes & Termination

The Extendicare Group may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content, any of the Links, and these Terms of Use. The Extendicare Group reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.

Further, You acknowledge and agree that The Extendicare Group may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:

  1. your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
  2. any of your registrations or subscriptions with the Website.

Upon suspension or termination, The Extendicare Group may remove and discard any Content related to You or your use of the Website and You must discard any link You maintain from your website to the Website. You agree that The Extendicare Group will not be liable to You or any other individual or entity as a result of any such suspension or termination.

Financial Disclosures

All dollar amounts on this Website are expressed in Canadian dollars, unless otherwise indicated. This website includes forward-looking statements and information concerning anticipated financial events, results, circumstances, economic performance or expectations with respect to The Extendicare Group, including its subsidiaries, with respect to its business operations, business strategy and financial condition. All statements, other than statements of historical fact, are forward-looking statements.

Forward-looking statements can be identified because they generally contain the words “expect”, “intend”, “anticipate”, “believe”, “estimate”, “plan”, “objective” or other similar expressions. These forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties and other factors that may cause actual results, performance or achievements of The Extendicare Group to differ materially from those expressed or implied in the forward-looking statements.

In addition to the assumptions and other factors referred to specifically in connection with these statements contained on this Website, other risks, uncertainties and factors are identified in The Extendicare Group’s public disclosure documents filed with the Canadian securities regulatory authorities available at www.sedar.com, including The Extendicare Group’s most recent Annual Information Form, and include, but are not limited to, the following: changes in the health care industry in general and the long-term care industry in particular because of political and economic influences; changes in regulations governing the industry and the compliance by The Extendicare Group with such regulations; changes in government funding levels for health care services; changes in tax laws; resident care litigation, including exposure for punitive damage claims and increased insurance costs, and other claims asserted against The Extendicare Group; the ability to maintain and increase census levels; changes in foreign exchange rates; the ability to attract and retain qualified personnel; the availability and terms of capital to fund capital expenditures; changes in competition; and demographic changes. The forward-looking statements contained on this Website are expressly qualified by this cautionary statement. Given these risks and uncertainties, readers are cautioned not to place undue reliance on The Extendicare Group’s forward-looking statements. The Extendicare Group does not assume the obligation to revise or update the forward-looking information that may be contained on this Website, whether as a result of new information, future events or otherwise, except as may be required under applicable securities laws.

Contacting Extendicare

Any communications to The Extendicare Group in regards to these Terms of Use and/or the Website, may be made to:

Privacy_Officer@paramed.com

Extendicare Inc.