Terms of Use

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Effective Date of these Online Terms of Use: October 20, 2010

This Web site is owned by Iovate Health Sciences International Inc. (together with its affiliates referred to as “Iovate”), and is operated by Iovate and its contractors.

These Online Terms of Use govern your access to iovate.com (the “Iovate Web Site”). These Online Terms of Use do not apply to any third-party Web sites to which Iovate may link. Your use of the Iovate Web Site is subject to these Online Terms of Use and the Privacy Policy.

Without prejudice to your rights under applicable law, Iovate reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes, and good business practices. If Iovate changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes, and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the Iovate Web Site, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use, which you may view when accessing the Iovate Web Site. If you disagree with these Online Terms of Use, or are dissatisfied with the Iovate Web Site, your sole and exclusive remedy is to discontinue using this Iovate Web Site.

DISCLAIMERS

You acknowledge and agree that:

  1. Although we strive to provide on the Iovate Web Site the latest developments relating to our products and services, and other information about Iovate, we do not warrant the accuracy, effectiveness, and suitability of any information contained on the Iovate Web Site. Each person assumes full responsibility and all risks arising from use of the Iovate Web Site. The information is presented “AS IS,” and may include technical inaccuracies or typographical errors. Iovate reserves the right to make additions, deletions, or modifications to the information contained on the Iovate Web Site at any time without any prior notification.
  2. IOVATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE IOVATE WEB SITE. IOVATE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL IOVATE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE IOVATE WEB SITE, AND/OR THE INFORMATION OR CONTENT POSTED ON THE IOVATE WEB SITE, REGARDLESS OF WHETHER IOVATE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law.
  3. Iovate is not responsible, and provides no warranty whatsoever for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. These links are provided solely as a convenience to you and not as an endorsement by Iovate of the contents on such third-party Web sites, which are not under the control of Iovate. Except as otherwise provided on the Iovate Web Site, Iovate will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on the Iovate Web Site. Such information should, therefore, be considered as suspect and is not endorsed by Iovate.
  4. The Iovate Web Site may contain forward-looking statements that reflect Iovate’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected, and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Iovate intends to update the Iovate Web Site on a regular basis, but assumes no obligation to update any of the content.
  5. The information on the Iovate Web Site should not be used as a substitute for the advice provided by a physician or other healthcare professional, and must not be used to diagnose or treat a disease or condition. Always consult your physician or other healthcare professional for medical advice and services.

YOUR USE

You understand, acknowledge, and agree to the following:

  1. By using the Iovate Web Site, you agree not to disrupt or intercept our electronic information posted on the Iovate Web Site or on any of our servers. You also agree not to attempt to circumvent any security features of the Iovate Web Site. Violations of our system or network security may result in civil or criminal liability, and Iovate will investigate occurrences that may involve such violations, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
  2. By using the Iovate Web Site, you agree to abide by all applicable local, state, provincial, federal, and international laws, rules, and regulations. You agree that you will not use the Iovate Web Site in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others, and you will not post any material that is obscene, defamatory, profane, libellous, threatening, harassing, abusive, hateful, or embarrassing to another person or entity.
  3. You grant to Iovate the right to use all content you upload or otherwise transmit to the Iovate Web Site, subject to these Online Terms of Use and Iovate’s Privacy Policy in any manner Iovate chooses, including, but not limited to, copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it. To the extent allowed by applicable law, you waive any moral rights you may have to content you upload or otherwise transmit to the Iovate Web Site (if any).
  4. Except as expressly stated and agreed upon in advance by Iovate, no confidential relationship shall be established in the event that any user of the Iovate Web Site should make any oral, written, or electronic communication to Iovate (such as feedback, questions, comments, suggestions, ideas, etc.). If the Iovate Web Site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), Iovate shall obtain, use, and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Iovate shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use, or sale of products incorporating such information. The sender of any information to Iovate is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published on the Iovate Web Site (the “Information”) are the sole property of Iovate, except for information provided by third-party providers under contract to Iovate. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial, or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Iovate Web Site are used separate from accompanying text. Iovate is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark, or other proprietary right of Iovate.

No use of any Iovate trademark, trade names, trade dress, and products on the Iovate Web Site may be made without the prior written authorization of Iovate, except to identify the product or services of the company.

PRIVACY AND SECURITY

Iovate is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the Iovate Web Site. Our use of personally identifiable information is governed by our Privacy Policy, and by accessing and using the Iovate Web Site, you agree to be bound by that Privacy Policy.

You recognize and agree that when submitting your personally identifiable information to the Iovate Web Site, while Iovate has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, IOVATE SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF IOVATE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IOVATE DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Iovate, its officers, directors, employees, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of Iovate, arising out of or in connection with (i) your use of the Iovate Web Site, or any contracts entered into, or services or products offered, sold, or purchased as a result of any contract initiated on or through the Iovate Web Site, (ii) your breach of these Online Terms of Use, including any abusive or unlawful behaviour on the part of you or your dependents, or (iii) your infringement of any intellectual property or privacy rights of any person. This indemnification provision shall apply to third-party claims as well as claims between you and Iovate.

LIMITATION OF LIABILITY

Iovate does not assume any liability for the materials, information, and opinions provided on, posted to, or otherwise available through the Iovate Web Site. Reliance on these materials, information, and opinions is solely at your own risk. Iovate disclaims any liability for injury or damages resulting from the use of the Iovate Web Site, or the content contained therein.

THE IOVATE WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE IOVATE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL IOVATE OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS (HEREINAFTER “IOVATE PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE THE IOVATE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE IOVATE WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE IOVATE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY IOVATE AND WHETHER OR NOT IOVATE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Iovate Web Site or these Online Terms of Use more than one (1) year after such a claim or cause of action arose.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE IOVATE WEB SITE.

GENERAL

You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The Iovate Web Site was created and is operated under the laws of the Province of Ontario. The laws of the Province of Ontario will control the terms provided in these Online Terms and Conditions, to the extent that the laws of the Province of Ontario are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.

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