Medicure Inc. Web Site User Agreement
Please review this Web Site User Agreement (“Agreement”) carefully. This Agreement governs your use of the Medicure Inc. web site. This Agreement exempts Medicure Inc. (“Medicure”) and other persons from liability or limits their liability and contains other important provisions to which you should review. Every time you access the web site you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. We ask that you not use the web site if you do not agree with any of the provisions of this Agreement each time you access it. Every time you access the web site, the text of this Agreement as it then reads will govern your use. Accordingly, we ask that you review any changes since the last revision each time you access the web site.
Acceptance of this Agreement
This Agreement is between you and Medicure and governs your use of the web site. Each time you access the web site you signify your acceptance and agreement, as well as the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes any type of incorporated or un-incorporated entity), without limitation or qualification, to be bound by this Agreement and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to accept this Agreement or you do not have the legal authority to agree to accept this Agreement, you may not use the web site.
Revisions to this Agreement
You are not entitled to change, supplement, or amend this Agreement in any manner whatsoever. Medicure may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the web site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the web site.
Permitted Users and Access
Persons may not use the web site in jurisdictions where access to or use of the web site or any part of it may be illegal or prohibited. The web site is not to be used by children under the age of thirteen (13) and may only be used by persons under the age of majority under prescribed state/provincial law with the consent of the parent/guardian of the user. It is solely your responsibility to determine whether your use of the web site is lawful, and you must comply with all applicable laws.
Misprints, Errors and Uncertainties
Medicure strives to provide current and accurate information on the web site. However, misprints or other errors may occur. Accordingly, Medicure reserves the right to change the content on the web site at any time and from time to time without any notice or liability to you or any other person. In addition, statements contained on the web site, including those pertaining to scientific and clinical research, commercialization plans, strategic alliances, and intellectual property protection, other than statements of historical fact, may be forward looking statements subject to a number of uncertainties that could cause actual results to differ materially from statements made. These include, among other things, risks associated with the success of research and development programs, the regulatory approval process, competition, and financing capability.
No Advice or Solicitation
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING MATTERS ADDRESSED, ADVICE OR RECOMMENDATIONS, OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
Medicure strives to make your use of the web site an enjoyable experience. Nevertheless, Medicure and its service providers (“Providers”) do not accept any liability for your use of the web site. For this reason, the following provisions apply to your use and access of the web site: YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY MEDICURE AND THE PROVIDERS TO THE FULLEST EXTENT PROVIDED BY LAW. YOU (AND NOT MEDICURE OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND MEDICURE’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE COMPLETELY ELIMINATED.
MEDICURE IS UNDER NO OBLIGATION WHATSOEVER TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. MEDICURE IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEDICURE AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: THE WEB SITE WILL BE COMPATABLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; CERTAIN OR OTHER RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND MEDICURE AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
MEDICURE AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, LOSS OF REPUTATION, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNATIVE DAMAGES, ADVERSE HEALTH EFFECTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONG DOING BY MEDICURE OR ANY PROVIDER OR ANY PERSON FOR WHOM MEDICURE OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT MEDICURE OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL THE TOTAL LIABILITY OF MEDICURE OR ANY OF ITS PROVIDERS TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR FAULT OR WRONGDOING BY MEDICURE OR ANY PERSON FOR WHOM MEDICURE IS RESPONSIBLE, EXCEED $25.00 (CDN) OR THE AMOUNT YOUR PAID TO MEDICURE FOR THE USE OF THE WEB SITE, WHICH EVER IS LESS.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF MEDICURE AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXISTS, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF MEDICURE AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY THE INDEMNIFIED PARTIES ) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY MEDICURE OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
Termination of this Agreement and the Website
If you breach any provision of this Agreement, you may no longer use the web site. Medicure, in its sole discretion, may change, suspend, terminate, temporarily or permanently, the web site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. Medicure may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the web site, all without any notice or liability to you or any other person. If this Agreement, or your permission to use the web site, is terminated by you or by Medicure for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the web site.
Ownership and Permitted use of the Web Site
The web site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the web site are the property of Medicure, its Providers and/or others, and are protected by domestic and international copyright, trademark, and other laws. Your use of the web site does not transfer to you any ownership or other rights in the web site or its content. You may only use the web site in a manner described specifically in this Agreement.
The web site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the web site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Medicure. You may not use any of the software that is used in the operation of the web site except while you are using the web site. You may not reproduce, copy, duplicate, sell, or resell any part of the web site (including the software used in the operation of the web site) or access to the web site.
The web site is made available to you for your lawful use only. You may access and browse the web site using commercially available, SSL-capable web browser software. You may print or download the pages of the web site for your personal use provided that you do not modify any of the web site pages or other content and you do not remove or alter any visible or non visible identification, marks, notices, or disclaimers.
Personal Information Privacy
Trade Mark Information
Medicure is a trade-mark and trade-name owned by Medicure Inc. Other product and company names and logos appearing on the web site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively the “Marks”) displayed on the web site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the web site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the web site.
Third-Party Web Sites
The web site may include advertisements for, and links to, other web sites or resources and businesses operated by third-parties. Third-party web sites are independent from Medicure, and Medicure has no responsibility or liability for or control over third-party web sites, their business, goods, services, or content. Links to third-party web sites are provided solely for your convenience. Medicure does not sponsor or endorse any third-party web sites or their content or the goods or services available through those other web sites. Your use of third-party web sites and your dealings with the owners or operators of third-party web sites is at your own risk, and you shall not make any claim against Medicure arising out of your use of any third-party web site or your dealings with the owners or operators of any third-party web site.
Linking and Framing the Web Site
Links to the web site without the express written permission of Medicure is strictly prohibited. To request permission to link to the web site, please contact email@example.com. Medicure reserves the right to cancel and revoke any permission it may give to link to the web site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the web site or any of its content in any form and by any method is strictly prohibited.
Postings and Unsolicited Submissions
Medicure does not want you to, and you should not, send any confidential or proprietary information to us via the web site and/or e-mail. You agree that any information or materials that you or individuals acting on your behalf provide to Medicure will not be considered confidential or proprietary. By providing any such information or materials to Medicure, you grant to Medicure an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Medicure is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Medicure. You further recognize that Medicure does not want you to, and you warrant that you shall not, provide any information or materials to Medicure that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. You may not use technologies in connection with your use of the web site to post comments, communications, or any other data of any kind to or on the web site with the intention that such postings may be viewed by other users of the web site.
Governing Law and Dispute Resolution
The web site is controlled by Medicure from Winnipeg, Manitoba, Canada. This Agreement, your use of the web site, and all related maters are governed solely by the laws of the Province of Manitoba, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Medicure and you or any other person arising from, connected with or relating to the web site, this Agreement or any related matters must be resolved before the Courts of Manitoba sitting in the City of Winnipeg, Manitoba, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the web site, this Agreement, or any related matter must commence in a Court of competent jurisdiction in the City of Winnipeg, Manitoba, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
Medicure can be contacted using any of the following methods:
2 – 1250 Waverley Street
Winnipeg, Manitoba R3T 6C6
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will ensure to the benefit of and be binding upon each of Medicure and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Medicure, which may be withheld in Medicure’s sole discretion. Medicure may assign this Agreement and its rights and obligations under this Agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any proceeding or subsequent breach or default. You and Medicure are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the web site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui sy rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to Medicure.