Website Terms & Conditions of Use
Last Revised: September 2020
1. Your Use of the Website
Access to the Website is permitted on a temporary basis, and Elvium reserves the right, in its sole discretion and without notice, to withdraw or modify the Website, in whole or in part, at any time. Elvium shall not be liable if, for any reason, the Website or any part of the Website is unavailable at any time or for any period.
You must not misuse the Website, including, without limitation, for purposes that include: infringing the rights of, or restricting or inhibiting anyone else’s use or enjoyment of the Website; disseminating any unlawful or objectionable material; obtaining unauthorized access to or interfering with Elvium’s computer systems; or, to otherwise breach applicable laws or regulations.
Accessing the Website from locations where its content is illegal is prohibited. Individuals who choose to access the Website from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws.
2. Intellectual Property
The Website is provided “as is” and “as available”. Your use of the Website is at your own risk, and you acknowledge that you are solely responsible for actions and communications undertaken or transmitted by you while using or otherwise in connection with the Website. The Website is not guaranteed to be error-free or uninterrupted. Elvium assumes no responsibility and provides no warranties, representations, guarantees, covenants or conditions, express or implied (either in fact or by operation of law) or statutory, including, without limitation, with respect to the quality, accuracy, reliability, currency, completeness, merchantability, fitness for a particular purpose, non-infringement, or continued availability of the Website.
4. Health Information
Any product or health information on the Website is provided for informational and educational purposes only, is not a substitute for professional advice or medical training, assessment or treatment, and its publication does not constitute the practice of any health profession. Such information is to be used in consultation with and/or under the supervision of qualified healthcare providers. You agree that you will bear all risks associated with the use of the Website, including any reliance placed on the availability, accuracy, currency, completeness, usefulness or appropriateness of product or health information on the Website. If you have a health or medical condition, please consult an appropriate healthcare provider.
5. Third Party Resources
The Website may provide links to other websites and resources over which Elvium has no control. You acknowledge and agree that Elvium is not responsible for the availability of such external sites or resources, does not endorse these, and is not responsible or liable for any content, advertising, information, products or other materials on or available from such sites or resources. You further acknowledge and agree that Elvium will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any external site or resource. If you decide to visit or use any external site or resource, you do so at your own risk and it is your responsibility to take all protective measures to guard against harm, including, but not limited to, computer viruses and other destructive elements.
6. Personal Information / Use of Information
You agree to the use and disclosure of any Personal Information that you may provide to Elvium through the Website, as described in the Elvium Pharma Canada Privacy Statement (the “Policy”) posted above, as amended from time to time. You also agree that any information that is not Personal Information (as defined in the Policy) that you choose to provide to Elvium through the Website, as well as any questions, comments or suggestions that you do not indicate are confidential, will be understood to be non-confidential information that Elvium will be free to reproduce, use, disclose and distribute in its sole discretion and without limitation, and that Elvium will have no obligation to you of any kind with respect to such information. Without limiting the generality of the foregoing, Elvium will be free to use any ideas, concepts, know-how or techniques included in information that you provide through the Website for any purpose whatsoever and you warrant that any such information does not infringe the intellectual property rights of any third party.
7. Limitation of Liability
Elvium will not be liable to you, in contract, tort (including negligence or gross negligence) or otherwise, for any loss or damage whatsoever, including, without limitation, damages for harm to business, loss of information, programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill, or for direct, indirect, special, incidental, consequential, punitive or exemplary damages, however caused or arising (even if Elvium has been notified of the possibility of such damage or loss or if such damage or loss was foreseeable).
Elvium will investigate any suspected fraudulent, abusive or illegal activity in connection with the Website, and may, in accordance with the Policy, contact, involve and co-operate with law enforcement authorities in taking action against users of the Website who are involved in such activities.
10. Entire Agreement
11. Waiver and Severability of Terms
12. Governing Law
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