TERMS OF USE

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

Acceptance of Terms of Use

PharmaCielo Foundation and its affiliates (“PharmaCielo”, “our”, “we”, “us”) owns and operates PharmaCielo Foundation’s website located at www.PharmaCieloFoundation.org (the “Website”). PharmaCielo is dedicated to providing visitors to the Website with a positive experience, while at the same time protecting our rights and the rights of our users.

This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Website. By accessing and using the Website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you are a minor, your parent or legal guardian has read and agreed to this Agreement on your behalf.

IF YOU DO NOT ACCEPT OR ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF PHARMACIELO IN OPERATING THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO EXIT THE WEBSITE.

PharmaCielo may revise this Agreement at any time by updating this post. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

This Agreement was last updated on October 7, 2015.

Ownership

All of the information, materials, content, services and software displayed on, transmitted through, or used in connection with the Website regardless of form, including without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software, code, trademarks, and marks (collectively, the “Content”), including the collective work and/or compilation, selection and arrangement of the aforementioned and the “look and feel” of this Website, are protected under copyright, trademark or other laws, and are owned by PharmaCielo, its licensors or the party accredited as the provider of the Content. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website.

PharmaCielo respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on this Website, please let us know by contacting the Service Contact below.

ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF PHARMACIELO.

Permitted Use

Solely for your personal, non-commercial use, you may use the Content online and download or print a single copy of any portion of the Content, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by PharmaCielo.

Subscription

PharmaCielo respects your privacy and may use the information you provide to PharmaCielo according to our Privacy Policy.

For some areas of the Website, you may have to complete a registration process or create a profile. You agree to provide accurate, current and complete information at all times. By providing PharmaCielo with your email address, you consent to our using the email address to send you information, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email messages, you may opt out by following the instructions at the end of every email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. We do not send unsolicited email. If you believe we may have done so in error, please let us know by contacting the Service Contact below.

Privacy and Information Security Policy (“Privacy Policy”)

Our Privacy Policy is part of this Agreement and is incorporated herein. DO NOT PROVIDE, OR ALLOW OTHERS TO PROVIDE, PERSONAL INFORMATION ABOUT ANYONE UNLESS YOU, ON YOUR OWN BEHALF AND ON BEHALF OF ANYONE WHOSE INFORMATION YOU PROVIDE: (A) HAVE REVIEWED AND AGREE WITH THE PRIVACY POLICY, AND (B) ARE AUTHORIZED TO, AND DO, CONSENT TO HAVE ALL DATA USED AND TRANSFERRED INTERNATIONALLY.

Linking

This Website may contain links to other sites. PharmaCielo does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, PharmaCielo is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that PharmaCielo is affiliated or associated with the same. PharmaCielo DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND ON, OTHER WEBSITES. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service, unless expressly stated otherwise.

Limitation of Liability and Disclaimers

THE WEBSITE AND ITS CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. It is not intended to provide or substitute any kind of advice. You should not act or rely upon the information to provide any advice. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND PHARMACIELO ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

IN NO EVENT WILL PHARMACIELO, ITS SUBSIDIARIES, AGENTS, LICENSORS, SUPPLIERS, CONTRACTORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES (COLLECTIVELY “PHARMACIELO PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF PHARMACIELO OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL PHARMACIELO PARTIES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF PHARMACIELO, EVEN IF PHARMACIELO OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL PHARMACIELO PARTIES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN ONE HUNDRED UNITED STATES DOLLARS (USD $100) EVEN IF PHARMACIELO OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

PHARMACIELO ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT ON THIS WEBSITE MAY BE CHANGED WITHOUT NOTICE TO YOU. PHARMACIELO IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. PHARMACIELO DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Indemnity

You agree to defend, indemnify and hold harmless PharmaCielo Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any provision of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) any claim or damages that arise as a result of any content that is submitted via your account or email address.

Termination

PharmaCielo may terminate your right to access and use the Website, or any part of the Website, at any time, without notice, in its sole discretion and without cause.

In this Agreement, the disclaimers, limitations on liability, ownership, termination, interpretation, your license to PharmaCielo, your warranty, the indemnity provisions, and all other provisions for which survival is equitable or appropriate, shall survive the termination or expiry of this Agreement.

Governing Law and Jurisdiction

By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and applicable laws of Canada. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to such matters.

General

This Agreement may be amended from time to time in accordance with the provisions of this Agreement, and any and all other legal notices and policies on this Website, constitute the entire agreement between you and PharmaCielo with respect to the use of this Website and the Content.

Any failure of PharmaCielo to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.

PharmaCielo may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign or transfer this Agreement or any right or obligation hereunder.

Service Contact

Please contact Info@PharmaCieloFoundation.org (the “Service Contact”) with questions, feedback or problems with the Website.