Use of Site. BionX authorizes you to view and download the materials on this Site for personal use only, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use for any public or commercial purpose, any of the materials or data presented in this site. For purposes of these Terms, any use of these materials on any other Internet site or networked computer environment for any purpose is prohibited without our prior written permission. The foregoing prohibitions expressly include, but are not limited to, “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any materials or data on the Site, such as in order to obtain lists of users or other information. The materials on this Site are copyrighted and BionX reserves the rights to all material on this Site with regard to any copyright, trademark, or other laws.
User Submissions. Other than personal information, which is covered under the Online Privacy Statement, any material, information or other communication you send to us, transmit, or post to this Site such as feedback, comments or suggestions, will be considered non-confidential and non-proprietary (“Communications”). When you send, transmit or post your Communications, you grant us and our designees a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes without restriction or compensation to you.
Disclaimer. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE, THE MATERIALS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR WARRANTIES AGAINST INTERFERENCE OR INFRINGEMENT ARISING FROM THE COURSE OR DEALING OR COURSE OF PERFORMANCE. BionX further does not warrant that the Site will be secure, that the server that makes the Site available will be virus-free or the accuracy and completeness of the materials or services at this Site. BionX may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and BionX makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult BionX for information regarding the products, programs and services that may be available to you. If you download content from this Site, you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Site shall create any warranty of any kind. In no event will BionX be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability & Indemnity. To the maximum extent permitted by law, BionX and its respective directors, officers, representatives and suppliers will in no circumstance, be liable for any damages whatsoever arising out of the use of this Site, information, data or services contained on this Site or any site linked to this Site, (including, without limitation, those resulting from lost profits, lost data or business interruption), whether such damages are based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. All use is at your own risk, and you assume all costs of such risk.
You agree to indemnify, defend and hold BionX and its respective directors, officers, representatives, and suppliers harmless from any damages, loss, liability, costs and expenses (including reasonable lawyer’s fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of this Site and/or breach of these Terms or your violation of any law or the rights of such third party.
Links to Other Websites. Links to other, non-BionX Internet sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. BionX has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. BionX does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. Use of third party sites is entirely at your own risk.
Termination. BionX may, in its sole discretion, terminate or suspend your access to all or part of this Site, the content and/or any products or services offered through the Site for any reason, including, without limitation, your breach of these Terms.
Applicable Laws. This Site is administered by BionX. BionX makes no representation that materials or services at this Site are appropriate or available for use outside the Dominion of Canada. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation Canadian export laws and regulations. If you choose to access this Site from outside the Dominion of Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of laws.
Miscellaneous. Any cause of action or claim you may have with respect to these Terms or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. BionX reserves the right to seek all remedies available at law and in equity for violations of these Terms and/or the rules and regulations set forth on the Site, including without limitation the right to block access from a particular internet address. If any provision of these Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and BionX in connection with your use of this Site.