The Inventory of Gambling Situations Terms of Use


These Terms of Use are made between You and the Centre for Addiction and Mental Health ("CAMH"). The use of the Inventory of Gambling Situations is subject to the following terms and conditions. By clicking to accept the Terms of Use, You agree to be bound by the following:

1. INTRODUCTION
The Inventory of Gambling Situations together with the User's Guide and any and all documentation (the "IGS") is a clinical tool that allows addiction therapists and researchers to identify the situations in which clients with gambling problems are at risk for relapse. The IGS generates an individualized profile of a client's gambling behaviour by identifying situations associated with the client's gambling in the past year. The User's Guide provides full instructions on how to administer and interpret the IGS.

2. TERMS AND CONDITIONS
By using all or any portion of the IGS, You accept all the terms and conditions of these Terms of Use. Upon acceptance, these Terms of Use are enforceable against You and any other user to whom You provide access to the IGS.

If You are a physician or other health care provider submitting the IGS on behalf of a patient/client, this Agreement shall be binding upon You. Further, You represent, warrant, and covenant that You have the authority to enter into this Agreement on behalf of Your patient/client, and to that extent, this Agreement shall be binding upon such patient/client.

If You are an individual, patient or client submitting the IGS directly, the term "You" shall mean you as such individual, patient or client, and as such, this agreement shall be binding against You. 

CAMH reserves the right to alter these Terms of Use at any time with immediate effect by placing the amended terms and conditions on the Site. Your continued use of the IGS constitutes acceptance of the modified Terms of Use. If You do not agree to these Terms of Use, You should not use the IGS. 

3. RESTRICTIONS
Neither You nor any patient/client, or any other user, may: (i) make copies of, or distribute, the IGS; (ii) distribute the IGS to others on a commercial basis, or charge any fee or other amount, in relation to use of the IGS; or (iii) electronically or otherwise transfer the IGS to any person or entity. YOU MAY NOT, NOR MAY YOU AUTHORIZE OR PERMIT, ANY PERSON OR ENTITY TO, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, SUBLICENSE, ASSIGN, TRANSFER, LOAN, RESELL, DISPLAY, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE IGS OR ANY PART THEREOF.

4. INTELLECTUAL PROPERTY RIGHTS
CAMH is the owner of all rights in the IGS, including but not limited to, all rights under copyright and trademark laws. Neither You nor any client/patient or other user, shall take any action that would destroy or diminish CAMH's rights in the IGS trademark, including but not limited to, use of the IGS trademark or any mark or name confusingly similar thereto, for any purpose not authorized in writing by CAMH. Neither You nor any client/patient or other user, shall use the name or logo of CAMH or of any employee or staff member of CAMH in any advertising, promotional material, or publicity without the prior written approval of CAMH or the person whose name is to be used.

5. TERMINATION
CAMH reserves the right to improve, amend, or suspend Your use of the IGS at any time without notice to You. If You or any client/patient or other user, breach any provision of these Terms of Use, CAMH has the option, effective immediately, to terminate Your access to the IGS, in addition to seeking any other legal or equitable remedies available to CAMH, including but not limited to injunctive relief. Upon termination, You must cease use of the IGS, including all copies in any media. CAMH retains the right to use technological means to prevent Your access to the IGS after termination. 

6. DISCLAIMER OF WARRANTY
The IGS is provided strictly on an "as is" and "as available" basis. CAMH DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (WHETHER EXPRESS OR IMPLIED OR WHETHER ARISING BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE), INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CAMH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE IGS OR THAT ACCESS TO THE IGS WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE IGS OR THE SERVER WHICH STORES AND TRANSMITS MATERIALS TO YOU ARE FREE FROM ANY VIRUSES. You and any patient/client or other user agree to release CAMH, its trustees, appointees, employees and agents from any liability in connection with the use of the IGS or any derivative thereof, and You and any patient/client or other user agree to defend and indemnify CAMH and its trustees, appointees, employees and agents from any and all claims and damages in any way arising from the use of the IGS by You or by any other person or entity obtaining it from You.

7. LIMITATION ON LIABILITY
You shall use the IGS in accordance with the User's Guide and any and all documentation. IN NO EVENT SHALL CAMH BE LIABLE TO YOU, OR ANY PATIENT/CLIENT OR ANY OTHER USER FOR ANY DAMAGES OR OTHER AMOUNT ARISING OUT OF YOUR USE OF THE IGS, ANY PATIENT/CLIENT OR ANY OTHER USER'S USE OF THE IGS INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTIAL, INDIRECT DAMAGES, OR ANY LOSS, COSTS, EXPENSES OR ANY OTHER CLAIM FOR COMPENSATION, WHETHER OCCASIONED BY NEGLIGENCE OR OTHERWISE, WHICH ARISES OUT OF OR IN CONNECTION WITH THE IGS OR RESULTING FROM THE USE OF THE IGS, EVEN IF CAMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAMH'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE IGS, IF ANY.

8. NO RELIANCE ON INFORMATION
The IGS is for informational purposes only and as such should not be used as a self-diagnosis tool. The IGS should not be used in place of a visit, call, consultation or advice of a physician or other qualified health care provider. You should never disregard medical advice or delay in seeking it because of results suggested by the IGS.

If You are a physician or other health care provider, You are solely responsible for verifying the accuracy of all patient/client information, obtaining any necessary consent for use of patient/client information, and determining the data necessary to make medical, diagnostic and treatment decisions, as well as for complying with all laws, regulations and licensing requirements applicable to delivery of healthcare services. You acknowledge that the IGS does not make clinical, medical or other decisions and is not a substitute for competent, properly trained and knowledgeable staff who bring professional judgment and analysis to the information presented by the IGS.  

9. CONSENT TO THE COLLECTION OF STATISTICAL INFORMATION
The IGS information is collected in a manner that ensures Your anonymity. Most of the demographic information collected is optional (not required). You may provide Your consent to have Your questionnaire results used for statistical purposes by clicking on an opt-in button. This information is for quality assurance, quality improvement or research purposes only. No personal information is collected. You may use the IGS whether or not You click the box and allow Your results to be used for statistical purpose.

If You are a physician or other qualified health care provider and are completing the form for a patient or any other person, You hereby represent, warrant and covenant that You have first obtained the consent of the client to such data collection should You choose to opt-in. 
 
10. FORCE MAJEURE
CAMH shall not be liable to You, any patient/client, any other user or third party for non-performance or delay in performance caused by anything beyond its reasonable control, including without limitation, acts of God, acts or omissions by You, any patient/client, or any other user, acts of government, war, strikes, lockouts, embargoes, failure of communication networks, or denial of service/access attacks.

11. GENERAL
The Terms of Use, and Your relationship to CAMH under the Terms of Use, shall be interpreted according to the substantive laws of Ontario, regardless of the choice of law rules of any jurisdiction, and You agree to submit to the jurisdiction of Ontario courts. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby confirm their express agreement that these Terms of Use and all documents directly or indirectly related thereto be drawn up in English. LES PARTIES RECONNAISSENT LEUR VOLANTE EXPRESSE QUE LA PRESENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS QUI S'Y RATTACHENT DIRECTEMENT OU INDIRECTEMENT SOIENT REDIGES EN LANGUE ANGLAISE. These Terms of Use relate to use in Canada and CAMH reserves the right to restrict or prohibit access to any person not based within the jurisdiction of Canada and accept no liability if You access the IGS from outside this jurisdiction. If CAMH does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which CAMH has the benefit of under any applicable law), this will not be taken to be a formal waiver of CAMH's rights and those rights or remedies will still be available to CAMH.

Any provision of these Terms of Use which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and shall be severed from the balance of these Terms of Use without invalidating or affecting the remaining provisions of these Terms of Use in that or any other jurisdiction, which remaining provisions shall continue in full force and effect. These Terms of Use constitute the entire agreement and understanding between the parties with respect to the matters dealt with herein. All previous agreements, understandings, and representations, whether written or oral, between the parties have been superseded by these Terms of Use. No provision of these Terms of Use may be waived except in writing signed by the party providing the waiver.

If you have any questions, please contact: webmaster@problemgambling.ca