Welcome to the website (the “Website”) of InnerVision Medical Technologies Inc. (“InnerVision”).
IMPORTANT: YOUR ACCESS TO THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (the “Terms”). PLEASE READ ALL OF THESE TERMS CAREFULLY – THEY LIMIT YOUR RIGHTS, AFFECT YOUR PRIVACY, CAUSE YOU TO GIVE UP THE RIGHT TO SUE INNERVISION AND CAUSE YOU TO ASSUME ALL RISK OF USING THE WEBSITE.
BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THESE TERMS. YOU ARE ALSO CERTIFYING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU HAVE NO PERMISSION TO USE, AND YOU MUST NOT USE, THE WEBSITE.
1. Changes to Terms and Conditions
InnerVision has the right, in its sole discretion, to modify part or all of these Terms at any time. Any change will be effective when notice of updated Terms is posted on the Website. Please review the Website frequently for updates. Your continued use of the Website after any such changes are posted will constitute acceptance of these changes.
2. Proprietary Rights
The Website and all works, content and materials on the Website, including, without limitation, all information, text, design, code, software, graphics, images, drawings and photographs (the “Materials”) and all organization and presentation of the Materials which form a part of the Website are the exclusive property of InnerVision or its licensors and are protected by intellectual property laws relating to copyrights, trade-marks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on the Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Terms.
The trade-marks, service marks, logos, slogans and Internet domain names on the Website are the exclusive property of InnerVision or its licensors. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
3. Permitted Uses
InnerVision agrees to provide you access to the Website solely in accordance with the Terms. In consideration for such access, you shall:
(a) not copy, reproduce, republish, upload, post, transmit, or distribute the Materials in any way whatsoever;
(b) use the Materials solely for lawful purposes;
(c) not reverse engineer, decompile, reverse compile, create derivative works from, exploit or modify the Materials in any way;
(d) not interfere with the security of, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website;
(e) only use the Website if you are legally able to make binding contracts under applicable law; and
(f) acknowledge that the unauthorized use of the Materials may cause irreparable harm to InnerVision and that in the event of an unauthorized use, InnerVision shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with InnerVision.
4. Viruses & Network Problems
InnerVision assumes no responsibility and shall not be liable to you or to any other party for any damages caused by any malicious code, viruses, “Trojan horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to or use of the Website.
InnerVision assumes no responsibility and shall not be liable to you or to any other party for any damages or other problems caused by network outages or interruptions.
5. No Warranties or Guarantees
InnerVision does not guarantee the accuracy or reliability of any of the Materials or information contained in the Website. You acknowledge and agree that any reliance upon any of the Materials or information on this Website shall be at your own risk and expense. InnerVision does not guarantee that use of the Website will be uninterrupted, accurate, or error-free or that the Website or its server will be free of viruses or other harmful components and InnerVision assumes no responsibility and shall not be liable for any damages to your computer equipment or other property on account of your access to or use of the Website or your downloading of any Materials.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNERVISION PROVIDES TO YOU THE WEBSITE AND THE MATERIALS “AS IS”, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, NON-INTERCEPTION, NON-INTERRUPTION OR QUALITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
6. Limitation of Liability; Waiver and Release
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNERVISION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, PARTNERS, OR SUCCESSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS OR OTHER ECONOMIC LOSS, EVEN IF SUCH PARTY(IES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND FUNDAMENTAL BREACH, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF INNERVISION IN CONNECTION WITH THE USE OF THE WEBSITE, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO $5.00 CANADIAN CURRENCY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY WHATSOEVER, WITH RESPECT TO THESE TERMS THE OBLIGATIONS AND LIABILITIES OF INNERVISION AND YOUR RIGHTS AND REMEDIES THAT ARE EXPRESSLY SET FORTH IN THESE TERMS ARE EXCLUSIVE AND IN SUBSTITUTION OF ANY OTHER OBLIGATIONS, LIABILITIES, RIGHTS OR REMEDIES WHATSOEVER WHETHER EXPRESS OR IMPLIED OR IN CONTRACT, LAW, EQUITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, NEGLIGENCE, FUNDAMENTAL BREACH OR FAILURE FOR ESSENTIAL PURPOSE). YOU HEREBY WAIVE, RELEASE AND RENOUNCE ALL RIGHTS, CLAIMS AND REMEDIES AGAINST INNERVISION THAT ARE NOT EXPRESSLY STATED IN THESE TERMS AND THAT MAY ARISE IN ANY WAY IN RELATION TO THESE TERMS.
7. Indemnity
You agree at all times to be liable to and to indemnify, defend and hold harmless InnerVision and its affiliates, agents, licensors, suppliers, and their respective directors, officers, employees and shareholders against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by InnerVision directly or indirectly in respect of your (or any party that you are responsible for or who accesses or uses the Website as a result of you) use or misuse of the Website or the Materials, including, without limitation, infringement claims and product liability.
8. Privacy
NOTICE: For information on our treatment of your personal information, including, without limitation, information respecting any personal information that you submit to InnerVision, please see our Privacy Policy.
9. General
(a) These Terms contain the entire agreement and understanding between InnerVision and you with respect to the Materials.
(b) The Website is controlled, operated and administered by InnerVision from within the Province of Alberta, Canada. These Terms and your use of the Website are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, and you irrevocably agree to attorn to the non-exclusive jurisdiction of the courts of the Province of Alberta.
(c) InnerVision’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(d) Should any part of the Terms be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms had been eliminated.
(e) The Terms shall inure to the benefit of and be binding on InnerVision and you, and InnerVision and your permitted successors and assigns.
(f) All rights not expressly granted herein are reserved.
