2. Copyright The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited. The User does not acquire ownership rights to any Site Material obtained through the Site.
3. Limited Right to Use The viewing or downloading of Site Material grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale or other use. No part of any Site Material, content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use.
4. Editing, Deleting and Modification Medical Data Carrier reserves the right in its sole discretion to edit or delete any Site Material, documents, information or other content appearing on the Site.
5. Indemnification 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 Site.
6. Disclaimer (1) THE SITE MATERIAL IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT. MEDICAL DATA CARRIER AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER’S USE OF SITE MATERIAL OR USER’S USE OF THE PRODUCT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MEDICAL DATA CARRIER AND THE AFFILIATED PARTIES ARE NOT 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 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. THIS SITE AND THE SITE MATERIAL WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(2) The Site Material may not be appropriate under the circumstances for any particular situation or event. The specifics of a given situation may require provisions not contemplated in the Site Matieral. No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any Site Material or the application of such Site Material to a particular situation.
(3) The Site Material should not be considered a substitute for professional legal analysis or medical advice. The Site is provided with the understanding and agreement that Medical Data Carrier and its Affiliated Parties are not engaged in rendering legal, medical or other professional services. If medical or other expert assistance is required, the services of a competent professional should be sought. User assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any Site Material.
(4) All responsibility or liability for any damages caused by using the Site are disclaimed.
8. Third Party Services This Site contains links to other websites. Medical Data Carrier is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Medical Data Carrier. Inclusion of any linked website does not imply approval or endorsement of the linked website by Medical Data Carrier. Medical Data Carrier is providing these links to User only as a convenience. If User decides to leave the Site and access these third party websites, User does so at User’s own risk.
9. Miscellaneous 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. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. 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.