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Disclaimer

TERMS OF USE AGREEMENT

 

I – LEGAL NOTICE

The Thrombosis CanadaTM (hereinafter “TC“) website is produced and edited by TC, whose Head Office is located at:

128 Halls Rd
Whitby, ON,  L1P1Y8

Telephone:  647-528-8586
E-mail:  info@thrombosiscanada.ca

II – GENERAL TERMS OF USE

1 – Purpose of the Site

This site (hereinafter the “Site” or the “Website“) is a Website designed as a resource for the health care professional and accessible through the Internet and dedicated to providing general information, furthering education and research in the prevention and treatment of thrombosis.

The use of the Website by any individual regardless of the purpose of their visit (hereinafter the “User(s)“) is governed by these general terms of use.

2 – Personal Information

As the owner of a non-transactional site, TC does not collect any personal information.  In the hypothetical case that TC needs to gather personal information, the User will be advised through these general terms of use.

3 – Cookies

TC may use cookies and store them in the computers of Users who visit TC’s Website.  In general, cookies save information about a computer’s use of the Website. TC will be able to review cookies upon a User’s subsequent visits. Cookies are also intended to allow TC to collect information about the visits to its Website as well as to keep commercial statistics.

TC agrees not to use the information obtained through cookies except for the period of time needed to complete the above-mentioned activities.

The User can prevent cookies from being saved on his computer by modifying his browser preferences.  As each browser is different, the User must check his browser’s “Help” menu for details on how to opt out of accepting cookies.

In view of today’s fast-changing technology, particularly technology generally applied to telecommunications networks, TC cannot guarantee, without limitation thereof, the confidentiality, integrity or authentication of e-mails or voice messages the User may send to or receive from TC.

4 – Intellectual Property

4.1 – Website

Except as may be expressly authorized by TC, intellectual property rights on documents or any other data contained in the Website as well as all elements therein (images, illustrations, sounds, texts, graphic elements, maps, etc.) including software, databases and newsletters are the sole property of TC (hereinafter the “Content“) or that of third parties identified as such, and TC does not grant any licence or right other than the right to visit the Site.  Reproduction of all or part of the Content contained in this Website is intended for informational purposes and personal use only.  Any reproduction or use of copies for other purposes is expressly prohibited.

It is also prohibited to modify all or part of the Content or the software, or to use modified versions of software with a view to obtaining, without limitation, unauthorized access to the service or the Website through any means other than the interface provided by TC to this end.

4.2 – Use of Trademarks

TC’s trademarks and its logos are property of TC.  The User acknowledges TC’s exclusive rights on the trademarks and logos and agrees to refrain from using them and infringing upon TC’s intellectual property rights.  TC reserves the right to seek remedies and damages for copyright infringement and, in general, for infringement of any of TC’s intellectual property rights.  Moreover, the User agrees to refrain from infringing upon any of TC’s proprietary rights.

Except as may be expressly authorized by TC, all other brands or logos appearing on the Website are the property of TC or that of its service providers, partners or suppliers.  Any use, in any shape or form, of these trademarks and/or logos and/or any other Content is subject to TC’s express authorization or that of the holder of the intellectual property rights in question.

4.3 – Hypertext Links

TC’s Website contains links to or from other websites.  Since TC has no control whatsoever over such external sites and resources, TC is not to be held liable for making such websites and external resources available, and shall not be responsible for any content, advertisement, products, services or any other information or data available on or from such sites or external resources.  Moreover, TC shall not be responsible for any damage or loss caused or alleged to be caused as a result of or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or external resource.

The creation of links to TC’s Website and, more generally, the use of any component of the Website are subject to TC’s prior express authorization, which can be revoked at any moment at TC’s sole discretion.  TC reserves the right to remove any links to the Website that have not been or are no longer authorized and to seek remedies and damages in compensation for any damage sustained.

5 – Website Users’ Behaviour

Users must use the Internet in a responsible manner, with respect and courtesy to other users’ rights.

In connection therewith, when accessing the Website, the User agrees, without limiting the generality of the following, not to:

 

  • Upload, display, e-mail or transfer in any way unsolicited or unauthorized advertising or promotional materials, “printed advertising matter”, “deceptive information” or any other soliciting materials;
  • Upload, display, email or transfer in any other way any element containing software viruses or other codes, files or software created to interrupt, destroy or limit the functionality of any software or computer equipment or telecommunications equipment;
  • Disrupt or interrupt the Website or the servers or networks connected to the Website, or violate the requirements, procedures, rules or regulations of the networks connected to the Website;
  • Attempt to adversely affect the service of any user, hosting provider or network, including without limitation exposing the Website to virus activity, overloading, flooding the server, mail-bombing or tampering with any TCP/IP packet header or with any portion of the data contained in any e?mail header;
  • Access data not intended for the User or access a server/account the User is not authorized to access;
  • Attempt to probe, scan or test for system or network vulnerabilities, or breach security or authentication measures without proper authorization;
  • Assume someone else’s identity;
  • Engage in or induce a third party to engage in an illegal activity or in any other activity that may infringe the rights of TC, its suppliers, partners, distributors, sponsors or any other User;
  • Share or transfer (by any means whatsoever) information or software from the Site, particularly to other countries or to foreign nationals violating a national or international law or regulation.

On account of the global nature of the Internet network, all Users agree to respect all local and international rules and procedures regarding online behaviour and acceptable content.  Specifically, Users agree to comply with all applicable laws regarding the transmission of technical data.

At any time and for any reason, TC may, without prior notice, take any action to add a term to the Terms of Use Agreement of the Website or to any service provided by TC for any behaviour of the User that violates such Terms of Use Agreement, without detriment to any remedies and damages that TC may claim from the User, should the general terms of use of the Website be violated.

6 – Limitation of Liability

6.1 – Website Access and Operation

It is the responsibility of the User to implement the necessary information technology and telecommunications resources to access TC’s Website and to have the knowledge required to use the Internet and access the Website.  Moreover, the User shall pay for all connection fees and equipment associated to Internet access and to the use of TC’s Website.

Use of the Website is at the User’s own risk.  TC is not responsible for any direct or indirect damages regardless of their cause, origin, nature or consequence.

6.2 – Content

 The Website contains information from third parties and links to other websites, TC does not have any control over the accuracy of the information or the content of such sites.  Therefore, under no circumstances shall TC be held liable for any damage resulting from the use, access or failure to use such third party information or the content of other websites.

By using this Website, you expressly agree and understand that the opinions expressed on this Site do not necessarily reflect those of TC, and that the products or services advertised on the Site have neither been approved nor recommended by TC, unless explicitly stated otherwise.  Under no circumstances may TC be held liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages resulting from the use of this Site or for any damages related to the use of products or services mentioned on the Site. You also expressly agree and understand that under no circumstances may TC be required to provide you or a third party any compensation or further recourse.  By using this Website, you agree and understand that your sole and unique recourse consists of ceasing to access and use this Website.

Without limiting the generality of the foregoing, TC disclaims all warranties, whether express or implied, relating without limitation to the integrity, accuracy, topicality, non-infringement, availability, reliability or completeness of the information, products, accessories or services on the Website or to their fitness for a particular purpose intended by the User.

6.3 – Not Medical Advice

Please note that the recommendations contained on the Website must be viewed as general guidelines based on current knowledge.  Their application must be adapted to individual patients.

TC assumes no responsibility or liability arising from any error or omission or from the use of any information contained herein.

You must not rely on the information on this Website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare providers.

If you think you may be suffering from any medical condition, you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this Website.

6.4 – Security

Any information sent or received over the Internet is generally not secure.  The owner cannot guarantee the security or confidentiality of any communication to or from the Website.

7 – Indemnity

 

 You agree to indemnify, defend and hold harmless the owner and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Website, the Content or any Website to which the Website is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Website.

8 – General Considerations

TC reserves the right to modify and amend the Website Content, interrupt or suspend all or part of its functionalities, either temporarily or permanently, at any time, for any reason and without prior notice.  TC also reserves the right to modify and update the above-mentioned general terms of use without prior notice.  To remain informed about such changes, TC suggests that the User should review this legal notice regularly.