These Terms of Use (“Agreement”) govern (a) your access to, and use of, the Goal Management Training (“GMT”) website (the “Website”) and (b) your participation in Goal Management Training programs and services (including both free programs and services for which there is a fee) (the “Programs”). In these Terms of Use, the terms “we”, “us”, “our” and “Baycrest” refer to Baycrest Centre for Geriatric Care (“Baycrest”).

Acceptance of Terms of Use

The Website is a hub primarily for therapists. Use of the Website and the Programs are offered to you by Baycrest on condition that you accept this Agreement. This Agreement should be read with our Privacy Policy, which governs the collection, use and disclosure of information from users of the Website and the Programs. Any terms present in this Agreement that are not otherwise defined have the same meaning as in the Privacy Policy.

By accessing and using the Website and the Programs, you are indicating that you accept the terms and conditions of this Agreement, and any other notices posted on the Website and via the Programs. If you do not accept all of these terms and conditions, you must not access or use the Website and the Programs. The Website and the Programs are only available for use by those who may lawfully enter into contracts with us under applicable law. If you do not qualify, you are not permitted to access or use the Website or the Programs.

Baycrest reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time without prior notice or liability to you. Using the Website and the Programs following such changes means that you accept all such amendments.

Services

GMT is an evidence-based cognitive rehabilitation program designed to help individuals with impairments in executive functioning to improve their planning and ability to achieve goals. Therapists may choose to register on a training platform and for live training workshops to equip them with the knowledge and resources required to run GMT through telemedicine.

Informational Purposes of the Website and the Programs

The Website and the Programs, including any text, information, pictures, videos, data and displays is provided for informational purposes only. Nothing in the Website or the Programs should be considered, or used as a substitute for, medical advice, diagnosis or treatment or as a substitute for your own clinical judgement as a healthcare professional, nor as a substitute for your employer’s policies and procedures. You agree to evaluate and independently verify the information and results provided by the Website and the Programs against your own professional judgement.

GMT therapists should have experience in psychological or rehabilitation interventions. GMT is typically run by occupational therapists or clinical psychologists. However, those with training and experience in psychology. or allied mental health professionals may run GMT provided they are practicing within professional standards of their own jurisdiction. They should also have, at a minimum, exposure to principles of mindfulness. Optimally, the therapist will have significant direct experience with individual and group mindfulness practice, either as a participant or a leader. The therapist should be versed in basic neuropsychological theory of executive control, working memory and frontal functions, as provided in the GMT training materials. You agree that you use GMT at your own risk.

Accuracy

The Website and the Programs should not be relied upon for making decisions without consulting primary, more accurate or more timely sources of information. We do not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information provided through the Website and the Programs. The Website and the Programs may contain certain historical material, which may not be current and is provided for your reference only. We reserve the right to modify the Website and the Programs at any time, without notice or liability to you, but we have no obligation to update the Website and Programs and you bear the entire risk of relying in relying on either.

Baycrest hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use the Website and the Programs. If you are an organization, the personal license granted to your organization may be limited to a specific number of individual users or may be enterprise-wide.

You acknowledge and agree to not sublicense, assign or otherwise transfer this license. Without limiting the foregoing, you may not reproduce any part of the Website, the Programs for sub-licensing, resale, or distribution other than providing it to your patients/clients. You agree and warrant that you shall not cause or permit any person to reverse engineer, decompile, disassemble or otherwise attempt to determine source code or protocols from the Website or the Programs.

Baycrest operates the Website and the Programs using a platform licensed by LearnWorlds (CY) Ltd (“LearnWorlds”). Baycrest or LearnWorlds may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of the Website or the Programs, including the availability of any and all of its features, at any time, in its sole discretion without notice or liability to you.

In connection with your use of the Website and the Programs, you agree that you are strictly prohibited from: (i) committing unauthorized intrusions into any part of the Website and the Programs or related systems which are restricted from general access; (ii) circumventing security provisions in order to improperly access the Website and the Programs; (iii) uploading, posting or transmitting through or on the Website and the Programs any viruses or other harmful, disruptive or destructive files; or (iv) using the Website and the Programs in any other manner so as to interfere with the access to and/or usage of the Website and the Programs by another user.

The Website and the Programs are intended for use by Ontario residents. If you choose to access the Website and the Programs from a location outside of Ontario, you will be solely responsible for ensuring that any use of the Website or the Programs complies with all local laws of such other jurisdiction.

Account Registration

To access and/or use certain areas and features of the Website and the Programs, you are required to create an account. Upon registering for an individual account for the first time, you agree to: (i) provide accurate, current and complete information as may be prompted by any registration forms; (ii) maintain the security of your password; (iii) maintain and promptly update any registration data and any other information you provide; and (iv) accept all risks of unauthorized access to the registration data and any other information you provide. You are responsible for all activity under your account.

We reserve the right to charge fees in our sole discretion, in accordance with the Payment Terms, as they may change from time to time .

[https://gmt.learnworlds.com/payment-terms]

Copyright and Trademarks

The Website and the Programs are protected by Canadian and other international copyright, trademark and other laws. The content of the Website and the Programs are copyrighted and owned by Baycrest, its licensors, or the provider of the content, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the, its contents, whether in whole or in part, is prohibited without Baycrest’s express prior written consent. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL ON THE WEBSITE OR IN THE PROGRAMS IS PROHIBITED. Baycrest grants you a non-exclusive, non-assignable and non-transferable license to provide a copy of the content of the Programs to your patients/clients provided that you preserve all copyright notices and other notices contained therein. You may not sublicense, assign or otherwise transfer the contents of the Programs other than to your patient/client for purposes described herein, and no title has been or will be transferred to you. You agree not to alter, disassemble, decompile, reverse engineer or otherwise modify any of the contents of the Website and Programs without the prior written consent of Baycrest.

All suggestions, ideas and other information (other than your personal information) communicated to Baycrest through the Website and the Programs will become the property of Baycrest unless otherwise noted.

Privacy and Personal Information

The collection, use, disclosure, retention, destruction, and disposal of information related to your use of GMT and any personal information (including personal health information) you provide to us is governed by our Privacy Policy. By agreeing to the terms and conditions of this Agreement, you agree to our Privacy Policy.

Disclaimer and Limitation of Liability

THE WEBSITE AND THE PROGRAMS ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND (TO THE FULLEST EXTENT UNDER APPLICABLE LAW), EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT THE WEBSITE AND THE PROGRAMS WILL BE UNINTERRUPTED, ERROR FREE OR CORRECTED IN THE EVENT OF A DISCOVERY OF ANY ERRORS, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER BAYCREST NOR ANY AUTHORS OR CO-OWNERS OF ANY OF THE CONTENT OF THE WEBSITE AND PROGRAMS NOR FUNDERS IS RESPONSIBLE OR LIABLE FOR ANY BREACH OF SECURITY OF OR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE AND THE PROGRAMS.

IN NO CASE SHALL ANY OF THESE PERSONS, OUR SUPPLIERS OR FUNDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OR MISUSE OF THE WEBSITE, THE PROGRAMS OR THE MATERIAL EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU ARE DISSATISFIED WITH WEBSITE AND THE PROGRAMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE PROGRAMS.

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the authors, co-owners and funders, our other suppliers and each of their respective directors, officers, employees, affiliates, agents and contractors from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website and the Programs or your breach of this Agreement or any documents they incorporate by reference, or your violation of any law or the rights of a third party.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse or limit your indemnity obligations. No settlement shall be made by you of any matter subject to indemnification by you without our prior written consent, acting reasonably.

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced in the Website or the Programs in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

2. Identification of the copyrighted work claimed to have been infringed.

3. Identification of the material in the Website and the Programs that is claimed to be infringing or to be the subject of infringing activity.

4. The address, telephone number or email address of the complaining party.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent by email to goalmanagementtraining@research.baycrest.org.

We may, in our sole discretion, terminate your access to the Website and the Programs, or any portion of the Website and the Programs, without notice. Such action is in addition to, and not in lieu or limitation of, any other right or remedy we may have available at law. We shall not be liable to you or any third party for any such termination or discontinuance.

Use Prohibited Where Contrary to Law

Use of the Website and the Programs is unauthorized in any jurisdiction where the Website and the Programs may violate any laws or regulations. You agree not to access or use the Website and the Programs in such jurisdiction(s). You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.

This Agreement shall be subject to, governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws. If there is any claim or action by you relating to the Website and the Programs, you irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.

Waiver

Any consent by Baycrest, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.

If any provision of this Agreement is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No waiver of any provision of this Agreement by Baycrest shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement.

This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this agreement to any affiliate or successor of Baycrest without notice thereof to you.

If you have any questions or comments about this Agreement, please contact goalmanagementtraining@research.baycrest.org. Please do not include personal information (including personal health information) in the email.

Please send any requests for support for an individual account to goalmanagementtraining@research.baycrest.org.