IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
The Early Years Check-In Website provides direct access to the Early Years Check-In Application and associated additional educational materials. The Website is maintained by McMaster University's Division of eLearning Innovation.
The Website aims to be a trusted source for information regarding the Early Years Check-In (EYCI) for parents, caregivers, early childhood educators and health care professionals and provides access to the Application, which facilitates a discussion about early child development between a parent/caregiver and an early childhood educator. All references below to the Website include all its pages, the Application and any educational information for early childhood educators, health care providers, parents and caregivers.
You understand that by accessing the Website, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements such as through the use of standard and updated virus scanning tools, and to ensure that you have a complete and secure backup of information and software on your computer or other devices that you may use to access the Website.
The Website may contain materials for download such as the completed Application output (the completed EYCI), the print version of the EYCI and other educational or promotional materials. Any materials downloaded or obtained by you through your use of the Website and the Content is done at your own risk and you are solely responsible for any damage to your computer system or device or loss of data that may result from the download and/or use of such material.
McMaster is not responsible for any additional charges that you may incur for accessing the Website or its Application, such as data or other telecommunications or internet or wireless service provider fees.
IMPORTANT LIMITATIONS OF THE WEBSITE.
Information made available on the Website in any form is for information purposes only. It is not intended to provide professional medical, legal or medicolegal advice, nor is it intended to be a substitute thereof. You should not use any information contained on the Website as a substitute for consultation with legal or health care professionals or other professional advisors. You should not act or abstain from acting based upon information obtained from the Website without first consulting appropriate professional advisors.
USE OF WEBSITE. Except where stated otherwise, you are prohibited from reproducing in any way any element of this Website. You may download on a single computer and print a single copy of portions of any content from this Website for noncommercial purposes only. The Website operations may be interrupted or suspended. Regardless of the reason, McMaster will not be liable for any damage arising out of changes to information, or the interruption or suspension of Website operations.
LINKS TO THIS WEBSITE. You may link to this Website for noncommercial purposes only, unless otherwise prohibited by this Agreement, provided that (i) the text of the link accurately describes the content as it appears on the Website, and (ii) each page within the Website is displayed in full, unaltered and with no additional frames, style features, designs, logos, branding, trademarks or other promotional materials. Unless otherwise expressly provided, McMaster shall not be considered associated or affiliated with, or to endorse or approve in any way, any third parties or sites that link to this Website. McMaster reserves the right to disable any links or frames at any time or revoke this permission. If you wish to link, cache or frame any part of this Website in a manner not authorized in this Agreement, you must obtain the prior written consent of McMaster University (see "Contact Us" below).
Reposting content or images from this Website on other websites, or framing pages from this Website within another website is not permitted (open in a new window instead). Links to this website are not permitted without providing appropriate credit. You may use the following lead-in sentence with your text link to this Website:
The Early Years Check-In is a resource that parents and caregivers can use to help guide discussions with an early childhood educator regarding their child's development.
CONTENT. All materials displayed or otherwise accessible through this Website, including but not limited to the Application, text, graphics, videos, photos, trademarks, logos and other materials (collectively, "Content") are protected by copyright and trademark laws, and are owned by McMaster and its licensors, or the party accredited as the provider of the Content. The material on this Website is covered by the provisions of the COPYRIGHT ACT (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Such provisions serve to identify the information source and, in specific instances, to prohibit reproduction of materials without written permission. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of McMaster. McMaster and its affiliated parties respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us to relay your concerns (see "Contact Us" below).
LIMITED LICENCE. Subject to the terms and conditions of this Agreement, you are hereby granted a limited revocable nonexclusive license to access, view and use the Website for your noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your noncommercial use, provided that you maintain all copyright and other notices contained in such Content.
FEES AND PAYMENTS. Users from Ontario currently have a free, nonexclusive license to use this Website. McMaster reserves the right to charge licensing, registration or user fees in the future for certain categories of users or types of use of this Website.
LIMITATION OF LIABILITY. Subject to applicable law, in no event shall McMaster and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if McMaster knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES. The Website and the Content is provided "as is" and "as available", without warranty or condition of any kind, either express or implied. McMaster expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law. While McMaster endeavours to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, McMaster provides no representation or warranty that (i) the Website or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Website will be uninterrupted or error-free, (iii) that defects or errors in the Website or the Content will be corrected, (iv) that the Website will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.
RELEASE AND INDEMNITY. You hereby agree to release McMaster and its partners, employees, consultants, agents and licensors from, and in no event shall any or all of McMaster and its partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website. You will indemnify and hold harmless McMaster and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold harmless McMaster and its partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Website or its Content.
If you do not want a cookie placed on your computer by McMaster, you may disable cookies in the web browser configuration options. Note that it is possible that some aspects of the Website may be unavailable to you if this option is chosen.
EXTERNAL SERVICE PROVIDERS. To effectively operate its websites, McMaster occasionally uses external service providers which may be located within Canada or outside Canada and may be outside your jurisdiction of residence. Such service providers are bound by contract with McMaster to treat any personal information they may receive in a manner that is consistent with the provisions of applicable privacy laws.
If you have any questions, concerns or complaints about how external service providers handle personal information, you may wish to direct them to email@example.com.
SECURITY. Any information sent or received over the Internet is generally not secure and may be intercepted, lost or altered. McMaster cannot guarantee the security of any communication to or from the Website. McMaster does not assume any responsibility or risk for your use of the Internet.
GOVERNING LAW AND JURISDICTION. The Website is operated by McMaster within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the nonexclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website.
TERMINATION. McMaster may, in its sole discretion, cancel or terminate your right to use the Website or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. McMaster shall not be liable to any party for such termination.
ENTIRE AGREEMENT. Except for any agreement in respect of Content, this is the entire agreement between you and McMaster relating to your access and use of the Website and the Content herein.
GENERAL. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force and effect without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. McMaster will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by McMaster. No delay or omission by McMaster in exercising its rights or remedies will impair McMaster's rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. McMaster's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of McMaster's right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.
CONTACT US. If you have any questions regarding the terms and conditions of this Agreement you may direct them to us by email at firstname.lastname@example.org.