Last updated: November 18, 2024
These Terms of Use form an electronic contract that establishes the legally binding terms you must accept to access and/or use the Toronto Cognitive Assessment (“TorCA”).
By accessing or using TorCA you agree and acknowledge that you have read, understood and agree to be bound by these terms. If you are acting on behalf of an organization, you agree that the organization will be bound by these terms. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the TorCA.
What is the TorCA?
The English Language TorCA is validated for use as a supplemental tool to assist physicians with information related to early detection of single and multi-domain amnestic mild cognitive impairment (aMCI). The TorCA is not, and should not be considered, a substitute for medical advice from a physician or other licensed health care professional. It is intended as a tool to provide supplemental information to a physician in order to give pattern and severity of different cognitive deficits, and to assist in diagnosis of clinical endophenotyping.
Who Owns Rights to the TorCA?
University Health Network, Sunnybrook Research Institute, Centre for Addiction and Mental Health, Unity Health Toronto (formerly, Providence St. Joseph’s and St. Michael’s Healthcare), and Baycrest Centre for Geriatric Care share rights in the TorCA. These institutions have agreed to perform research together, from time to time, under the academic coalition known as the Toronto Dementia Research Alliance (“TDRA”). These Institutions, either together or each individually are referred to herein as “TDRA Institutions”.
TorCA Results are Intended for Physicians and Healthcare Researchers
The TorCA is not intended to be accessed or used by patients directly. Only medical professionals may obtain rights to TorCA under these Terms of Use. If you are accessing TorCA as a patient, you are not licensed to use it under these Terms of Use and should not rely on the results of TorCA. You should speak to your doctor about diagnosis and treatment, including, without limitation, information regarding which treatment may be appropriate for you.
IF YOU ARE A PATIENT AND IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
TorCA cannot, nor is it intended to, replace the relationship the physician has with his or her patient.
The TorCA must be administered and interpreted by a trained medical professional. The TorCA itself cannot be used to diagnose a specific condition and any diagnosis must be made by a physician or trained medical professional in conjunction with other additional information as required.
Copyright and Limited License to Use
Medical professionals are granted, through these Terms of Use, a non-exclusive, non-commercial, limited personal license to administer TorCA on paper for informational purposes, including for academic research, but excluding use in industry-sponsored clinical trials, electronic patient records, or other commercial purposes. No rights to sublicense are granted. TorCA may not be incorporated into any product or service made available to a third party for purposes of consulting, sale, lease, license, or transfer without prior written permission from TDRA Institutions.
You agree to acknowledge TDRA and the authors of TorCA in any academic publications that incorporate research using TorCA, and each such publication shall include the following statement: “The Toronto Cognitive Assessment (TorCA) was used under license. © 2018, Baycrest Centre for Geriatric Care, Sunnybrook Research Institute, University Health Network, Centre for Addiction and Mental Health, St. Michael’s Healthcare and Providence St. Joseph’s.
Other than the limited license to TorCA granted here, no material from the TorCA web site (the “Site”) may be copied, reproduced, republished, posted, transmitted or distributed in any way. You may print, in hard copy, portions of the Site but only for your personal use. You may not post, republish, broadcast or otherwise broadly disseminate that material. The use of any such material for any other reason, or the modification, distribution or republication of TorCA or TorCA related material and/or results without prior written permission from TDRA Institutions, is strictly prohibited.
Permissions and requests for use of TorCA in industry-sponsored clinical trials, within electronic patient records, other commercial purposes, expanded use and/or academic publications involving TorCA should be directed to:
Regular health care providers will retain primary responsibility at all times for ongoing medical care of patients and follow-up outside of the TorCA. The TorCA does not, nor is it intended to, replace or overrule the judgment or diagnosis of a physician or licensed health care professional and must not be used as the basis for making any diagnosis or treatment decision except by and to the extent determined by a physician or other licensed health care professional.
Disclaimers & Limitation of Liability
TDRA Institutions make no representation or warranty that any particular treatment you receive information about on, from or through the TorCA is safe, appropriate, or effective.
TDRA Institutions make efforts to secure network and the systems under each of their institution’s control, but cannot warrant or represent that you will not suffer any loss or damage to your device or other data stored to your device if you download or use the TorCA.
TDRA Institutions cannot warrant or represent that the TorCA will be available on a continuous and uninterrupted basis, and do not assume responsibility for third party hardware, software and systems, and services beyond TDRA Institutions control, including, without limitation, your device, device carrier, device network or other third parties responsible for the transmission or receipt of communications to and from your device and physician or other licensed health care professionals.
You acknowledge and agree that you will not rely on the TorCA to make health decisions, and that none of the feedback or data provided in the TorCA or pursuant to your use of the Services will be interpreted as providing any medical or psychological diagnosis.
THE TORCA, AND ALL INFORMATION, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE), MATERIALS, CONTRIBUTED CONTENT, AND ANY OTHER CONTENT CONTAINED IN, OR THAT CAN OTHERWISE BE OBTAINED ON, FROM, OR THROUGH, THE TORCA, ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, REPRESENTATIONS, OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, OR NON-INFRINGEMENT.
TDRA Institutions ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OMISSIONS, OR INACCURACIES IN PROVIDING OR MAKING AVAILABLE THE TORCA, INCLUDING, WITHOUT LIMITATION, ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT OR OTHER INFORMATION MADE AVAILABLE ON, FROM, OR THROUGH THE TORCA; OR (B) ANY LOSS, DAMAGE OR INJURY THAT MAY BE SUFFERED OR INCURRED BY YOU IN CONNECTION WITH OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE TORCA, OR THE CONTENTS OR INFORMATION OBTAINED BY YOU ON, FROM, OR THROUGH THE TORCA.
TDRA Institutions AND OUR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, FELLOWS, MEDICAL AND PROFESSIONAL STAFF, APPOINTEES, STUDENTS, TRAINEES, CONTRACTORS, AGENTS, SERVANTS, SUCCESSORS, HEIRS AND ASSIGNS, WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY MANNER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE TORCA OR ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE TORCA (INCLUDING, WITHOUT LIMITATION, ANY CONTRIBUTED CONTENT) IS AT YOUR SOLE RISK.
Release of Claims
To the maximum extent permitted by applicable law, you hereby release and waive all claims against TDRA Institutions and each TDRA Institution’s respective directors, officers, trustees, employees, fellows, medical and professional staff, appointees, students, trainees, contractors, agents, servants, successors, heirs and assigns, from any and all liability for claims, costs, and expenses (including, without limitation, litigation costs and lawyer’s fees) of any kind and nature arising from or in any way related to the use of TorCA.
Indemnification
You agree to indemnify, defend and hold TDRA Institutions, and each of their respective directors, officers, trustees, employees, fellows, medical and professional staff, appointees, students, trainees, contractors, agents, servants, successors, heirs and assigns, harmless from and against any and all loss, expense, liability, claim, or demand, including, without limitation, reasonable litigation costs and lawyer’s fees, arising out of, resulting from or in connection with: (a) your use or misuse of the TorCA; or (b) any contributed content or user data used or provided by you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Jurisdiction & Governing Law
All legal proceedings related to these Terms of Use will be commenced in the province of Ontario, Canada. The Courts of Ontario will have exclusive jurisdiction to entertain any complaint, demand, claim or cause of action arising out of these Terms of Use.
Contact Us
If you have any questions about these Terms, please contact us.