1. Use of this Website
This Website is the exclusive property of Biomed Pharma (referred to as “Biomed Pharma”) and has been made available for your personal non-commercial use and information. By accessing and browsing this Website you recognize and agree to be bound by and to abide by the following terms and conditions of this Website, the Privacy Policy, and by all applicable laws (the “Terms of Use”). Your acceptance of the foregoing is made without limitation, restriction or qualification. If you do not agree with any of the terms and conditions contained herein, please do not use this Website and disregard the information contained therein.
2. Medical Information
The content of this Website is not intended to replace or substitute the advice of your physician or other qualified healthcare professional. You should speak to your own healthcare professional who is the best source of information regarding your health-related questions. No information contained on this Website should be construed as replacing your physician’s or other qualified healthcare professional’s advice.
3. Exclusion of Warranties
Biomed Pharma makes no representations or warranties, express or implied, as to the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted, that it will be error-free, or free from viruses or other harmful components that may damage your computer system. BY ACCESSING THIS WEBSITE YOU EXPRESSLY RECOGNIZE THAT ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU ON A “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. Biomed Pharma DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You expressly recognize that the above mentioned exclusions are in addition to and not in lieu of any specific exclusion provided elsewhere in the Terms of Use. To the extent that the jurisdiction to which you are subject to does not allow the exclusion of certain warranties, such exclusions shall not apply.
4. Limitation of Liability
BY ACCESSING THIS WEBSITE OR ANY SITE LINKED TO IT, YOU EXPRESSLY RECOGNIZE THAT BIOMED PHARMA WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY SITE LINKED TO IT, OR ANY ERRORS OR OMISSIONS IN THE CONTEXT THEREOF, OR ANY OTHER CAUSE AND EVEN IF CAUSED BY BIOMED PHARMA NEGLIGENCE, OR IF BIOMED PHARMA HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR BOTH. You expressly recognize that your sole and exclusive remedy is to cease using and accessing this Website. Should the jurisdiction to which you are subject to disallow any part of such limitation, then such part will not apply.
5. Ownership and Confidentiality
Unless otherwise provided for in the Terms of Use, all images and information contained in this Website are owned by or otherwise provided to Biomed Pharma. Biomed Pharma makes no representation or warranty as to the fact that such material does not infringe the rights of third parties. Unless otherwise provided for herein, the trademarks, logos and service marks (collectively, “Marks”) displayed on this Website are registered or unregistered Marks of Biomed Pharma or of third parties and may not be used without having obtained the written permission of Biomed Pharma or of the respective owners of such Marks. You acknowledge and recognize that any information or material which you provide to us, including but not limited to feedback, questions, comments, suggestions, or the like, such information shall be deemed to be non-confidential and Biomed Pharma shall have no obligation of any kind with respect to such information. You acknowledge that such information and/or material may be used in any manner by Biomed Pharma. As such, you expressly grant to Biomed Pharma the right to reproduce, retransmit and/or publicize such information and/or material. Biomed Pharma shall be free to use any ideas, concepts, know-how or techniques contained in such information and/or material for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information and/or material.
6. Control of Access to and Monitoring of this Website
Biomed Pharma reserves the right to monitor and control access to this Website at all times and to take all necessary measures to prevent or restrain any unauthorized or prohibited access or use of this Website, including without limitation, taking legal action, or suspending or terminating your access to the Website without notice. By accessing this Website you expressly consent to any such control and monitoring by Biomed Pharma.
7. Links
By browsing this Website you will be able to access links and references to other websites. Those links and references are provided for your convenience only. Biomed Pharma does not warrant that the information and/or material contained in those links, or the accessibility thereof, is accurate and exhaustive. Biomed Pharma assumes no responsibility for any such other websites, or for the information or material posted thereon, nor does it assume any responsibility for products or services offered thereon. Your linking to a third party website is entirely at your own risk and subject to the terms and conditions of such websites. Unless you have been expressly authorized to in writing by Biomed Pharma, you may not create links from other websites to this Website.
8. Accuracy of Information
Notwithstanding the fact that Biomed Pharma updates the information contained in its Website, such information may prove to be inaccurate. Biomed Pharma does not warrant that the information and/or material contained in this Website is up-to-date, accurate, error-free or complete.
9. Errors, Viruses and others
Biomed Pharma does not represent or warrant that the information or materials, accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components and that no damage will be caused to your computer system as a result thereof, or that any such problems which are discovered will be corrected. You should take all precautionary measures when accessing this Website.
10. Damage to third parties
You are solely responsible for any material you submit to this Website, Nonetheless, you are strictly prohibited from interfering with other users’ use of this Website and from introducing into or through this Website any information and/or material which may be harmful to others. Without limiting the generality of the foregoing, you are strictly prohibited from transmitting any files which may contain viruses, or other contaminating or destructive properties, from including, knowingly or otherwise, any information and/or material which may constitute libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
11. Reserve of Rights
Biomed Pharma reserves all of its rights and resources which are not expressly defined herein. Nothing contained in the Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trademark or other intellectual right of Biomed Pharma or any other person or entity.
12. Governing Law
The terms and conditions of use of this Website shall be construed by and interpreted in accordance with the laws of the Province of Quebec and the applicable laws of Canada, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Quebec related to the interpretation or application of the terms and conditions of use of this Website.
13. Changes to Terms
Biomed Pharma may at any time and without notice, alter and/or modify and/or otherwise update at its absolute discretion the Terms of Use. You expressly agree to be bound by such terms as are in effect at the time at which you access this Website. Your continued access and use of this Website confirms your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly.
14. Jurisdiction
This Website is operated by Biomed Pharma from Montreal, Quebec, Canada or by a third party operating the Website on behalf of Biomed Pharma from the state of Vermont, United States of America. Biomed Pharma makes no representation that materials on this Website are appropriate or available for use in other locations. It is incumbent upon those who choose to access this Website from other locations to comply with local laws, if and to the extent local laws are applicable.
15. Survival of Obligations
The terms and conditions of use of this Website shall apply while you are accessing the Website and shall survive thereafter. Notwithstanding the fact that access to this Website may no longer be feasible, the provisions set out in section 3, 4 and 5 of the terms and conditions of this Website shall survive.