1. Use of the Product User agrees to use the Product in a responsible manner and acknowledges that failing to use the Product correctly may result in the Product being defective. User agrees to refer to the Product’s package insert, label and/or instructions prior to using the Product and to install the Product in accordance with all such package insert, label and/or instructions. Over time regular use may cause the Product to be less effective and the User agrees to inspect the Product regularly and replace the Product with a new Product if there are any signs of wear. Weather and elements such as rain may cause the Product to be less adhesive and may impact the integrity of the bond between the Product and another surface and User agrees to inspect the Product regularly for any loss of adhesiveness.
Product is not a toy. Never allow children to play with the Product. Small parts may be a choking hazard.
Applying the Product to certain objects may affect the suitability of the object for its stated purpose and User agrees to consult all object packaging and instructions to determine if the Product may be applied safely to another object.
The Product is not a medical device.
2. Privacy User acknowledges that the Product may contain confidential information about the User and failing to the use the Product correctly may result in the confidential information being available to others (“Confidential Information Disclosure”). User agrees that Medical Data Carrier shall not be liable for any Confidential Information Disclosure.
3. Disclaimer MEDICAL DATA CARRIER SHALL NOT BE LIABLE FOR ANY INJURY THAT OCCURS DURING THE USE OF OR MISUSE OF THE PRODUCT.
MEDICAL DATA CARRIER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON ANY DEFECT, FAILURE OR MALFUNCTION OF THE PRODUCT, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THIS AGREEMENT BETWEEN MEDICAL DATA CARRIER AND USER.
OTHER THAN THE 30-DAY WARRANTY PROVIDED WITH THE PRODUCT, MEDICAL DATA CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM OR OTHERWISE.
User agrees to indemnify, defend and hold Medical Data Carrier and its shareholders, directors, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a User’s violation of this Agreement or use of the Product.
5. General This Agreement shall be deemed to be executed and performed in Ontario, Canada.
This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein and treated in all respects as an Ontario contract. The parties to this Agreement hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in this Agreement continues in full force and effect. Failure of Medical Data Carrier to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.