|
Welcome
Welcome to caninecardiology.com
(the "Site"), a web site owned and operated
by Merial Canada Inc. ("Merial"). The Site
provides services such as Health Improvement Chart
and Prescription Renewal Reminder, as well as information
on dog cardiology. The Site may also offer other services
from time to time (the Health Improvement Chart, Prescription
Renewal Reminder and other services are referred to
collectively as the "Services") and may
provide data and information on topics of interest
to dog owners (the "Content").
Terms and Conditions
The Site, the Content and the
Services are provided to you subject to your agreement
to be bound by these terms and conditions of use ("Terms
and Conditions"). BY ACCESSING OR USING THE SITE
OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE
OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE
THE SITE OR THE SERVICES. Any special terms and conditions
for use of certain Content or Services provided on
the Site and included elsewhere on the Site are incorporated
into, and become part of, these Terms and Conditions.
Whenever new products or services are introduced on
the Site as part of the Services, your use of such
Services will be subject to these Terms and Conditions
unless we notify you otherwise. We may modify these
Terms and Conditions from time to time and your continued
use of the Site after such modification indicates
your acceptance of the Terms and Conditions as modified
User Information
In order to obtain the
Services, you are required to submit an electronic
registration application form. You will also be asked
to create a user name and password. Any personal information
that you provide in the registration application form
will be collected in accordance with, and for the
express purposes set out in, the Privacy
Policy. In registering for the Services, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration
application form and to (b) maintain and update such
information to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, Merial may
suspend or terminate your use of the Services and
the Site.
Upon submission of the registration application form,
your information will be stored in our database and
profile will be created for you. Your user name and
password can be used to access your profile and update
your information, as necessary. You are fully responsible
for maintaining the confidentiality of and all activities
that occur under your user name and password and you
agree to notify us immediately of any unauthorized
use of your user name or password.
Should you provide, electronically or through your
access to or use of the Site or the Services, any
information or materials including feedback data,
such as questions, comments, suggestions or the like
regarding the Site, the Content or the Services, such
information and/or materials shall be deemed to be
non-confidential and Merial shall have no obligation
of any kind with respect to such information and/or
materials and shall be free to reproduce, use, disclose
and distribute such information and/or materials to
others without limitation. You hereby grant to Merial,
a transferable world-wide, perpetual, irrevocable,
royalty-free, non-exclusive licence, including the
right to sublicense others, to use, reproduce, distribute,
publish, modify, edit, translate, transmit, adapt
and display any information and/or materials provided
by you (in whole or in part) and/or incorporate such
information in any form, media or technology. To the
extent that the information or materials provided
by you contain personal information, the personal
information will be treated in accordance with our
Privacy Policy.
Prohibitions on User Information
You will not: (a) transmit,
upload, post or otherwise make available any information
or materials that (i) constitute or encourage conduct
that would constitute a criminal offence or give rise
to civil liability; (ii) are protected by copyright,
trade-mark or other proprietary right without the
express permission of the owner of the copyright,
trade-mark or other proprietary right; (iii) are libellous,
slanderous, defamatory, harassing, threatening or
otherwise injurious to third parties; (iv) are hateful,
bigoted or racially offensive; or (v) are vulgar,
obscene, discourteous, indecent or pornographic; (b)
interfere with other users' use of the Site or the
Services; (c) post, upload or transmit materials that
contain a virus, disabling devices or other code that
manifests contaminating or destructive properties;
(d) post, upload or transmit materials for advertising
or commercial solicitation; (e) otherwise use the
Site or the Services in a manner which would serve
to restrict or inhibit any other user from enjoying
the Site or the Services.
Use of Site
You agree to use the Site, the
Content and the Services solely for your own personal,
non-commercial use and benefit and not for the benefit
of any other person or entity. You may not frame the
Site, the Content or the Services or any part thereof
on any commercial or non-commercial internet web site.
Except as expressly provided in these Terms and Conditions,
any reproduction, retransmission, distribution, sale,
republication, modification, translation of or creation
of derivative works based on the Site, the Content
and/or the Services in whole or in part, and any decompilation,
disassembly, reverse engineering or other exploitation
of the Site, the Content or the Services is strictly
prohibited. You acquire absolutely no rights or licences
to the Site, the Content or the Services other than
the limited right to use the Site, the Content and
the Services in accordance with these Terms and Conditions.
We reserve the right to suspend or terminate your
use of the Site, the Content or the Services immediately,
without notice, in our sole discretion.
Trade-Marks and Copyright
Certain names, words, titles, phrases, logos, designs,
graphics, icons and marks displayed on the Site, in
the Content or in association with the Services may
constitute trade-marks or trade-names of Merial, its
affiliates and related companies, their licensors
or other third parties. The Site, the Content and
the Services are protected under Canadian and international
copyright laws and intellectual property laws and
treaty provisions.
Title to the Site, the Content and the Services and
the trade-marks or trade-names displayed on the Site,
in the Content or in association with the Services
remains with Merial, its affiliates and related companies,
their licensors or other third parties. Nothing contained
in these Terms and Conditions or on the Site shall
be construed as conferring by implication, estoppel
or otherwise any licence or right to use any such
trade-marks, trade-names, copyright or other intellectual
property rights of Merial, its affiliates and related
companies or their licensors or any other third party.
Any unauthorized use of the Site, the Content or the
Services or the trade-marks, trade-names, copyright
or other intellectual property rights of Merial, its
affiliates and related companies, their licensors
or other third parties is strictly prohibited, and
Merial reserves the right to take such steps as it
deems necessary, including legal action, to enforce
such rights.
Conformance with Law
You agree to use the Site, the
Content and the Services for lawful purposes only
and in a manner consistent with all applicable local,
national or international laws, rules and regulations.
Potential users in any jurisdiction where laws (whether
common or statutory) would: (i) void these Terms and
Conditions in whole or in any essential part (the
essential parts being at least, but not only, the
provisions relating to the governing law and the disclaimer);
or (ii) render accessing the Site or the Content or
using the Services illegal, are not authorized to
use the Site, the Content or the Services.
Linked Sites
The Site may contain hypertext links to the web sites
of third parties. Such hypertext links should not
be construed as Merial's express or implied endorsement
of any linked web site or an affiliation with their
owners or operators. Merial cannot and does not warrant
the quality, accuracy, reliability, completeness,
currency, timeliness, non-infringement, merchantability
or fitness for a particular purpose of any information,
data, or services available on or through these web
sites, and Merial disclaims any opinions expressed
on such web sites.
DISCLAIMER
THE SITE, THE CONTENT AND THE
SERVICES ARE PROVIDED "AS IS" AND WITHOUT
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
USE OF THE SITE, THE CONTENT AND THE SERVICES IS AT
YOUR OWN RISK. NEITHER MERIAL, ITS AFFILIATES AND
RELATED COMPANIES NOR THEIR LICENSORS MAKE ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS ABOUT THE QUALITY, RELIABILITY,
ACCURACY, CURRENCY, COMPLETENESS OR TIMELINESS OF
THE SITE, THE CONTENT OR THE SERVICES. MERIAL, ITS
AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS
DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS
OR INACCURACIES IN THE SITE, THE CONTENT OR THE SERVICES,
NOR ARE THEY RESPONSIBLE FOR ANY SLANDEROUS, DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE
SITE OR THE SERVICES.
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES
ONLY AND IS NOT INTENDED TO PROVIDE ADVICE TO YOU
AND YOU SHOULD NOT RELY UPON THE CONTENT TO PROVIDE
ANY SUCH ADVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MERIAL, ITS
AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS
OF ANY KIND WITH RESPECT TO THE SITE, THE CONTENT
AND THE SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT OR THAT THE SITE, THE CONTENT
AND/OR THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL MERIAL,
ITS AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS
BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY,
FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF
USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES
OR OTHER LIABILITIES), WHETHER OR NOT MERIAL, ITS
AFFILIATES AND RELATED COMPANIES OR THEIR LICENSORS
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING
FROM THE USE OF, OR THE INABILITY TO MAKE USE OF,
THE SITE, THE CONTENT OR THE SERVICES.
Viruses
Merial cannot and does not guarantee
or warrant that the Site, the Content or the Services
are compatible with your systems or that the Site,
the Content or the Services will be free of viruses,
disabling devices or other code that manifests contaminating
or destructive properties. You are responsible for
implementing safeguards to protect the security and
integrity of your systems. You are responsible for
the costs of any service, repairs or connections which
may be necessary to your systems as a result of your
use of the Site, the Content or the Services.
Claims
You agree that your use of the
Site, the Content or the Services shall not be made
the basis for any claim, suit, demand or cause of
action or other proceeding against Merial, its affiliates,
related companies or their licensors.
Indemnification
You agree, at your own expense,
to indemnify and hold Merial, its affiliates and related
companies and their directors, officers, employees,
representatives, agents and licensors harmless against
any claim, suit, demand, action or other proceeding
brought against Merial, its affiliates and related
companies and their directors, officers, employees,
representatives, agents and licensors by a third party
as a result of your breach of these Terms and Conditions.
Severability
If any provision of this Agreement
is held by a court of competent jurisdiction in any
jurisdiction to be illegal, invalid or unenforceable,
such provision shall be deemed to be severable and
the remaining provisions shall remain in force and
effect.
No Waiver
No waiver of any of these Terms and
Conditions shall be deemed a further or continuing
waiver of such term or condition or any other term
or condition.
Governing Law
These Terms and Conditions are governed by the laws
of the Province of Ontario and the laws of Canada
applicable therein and these laws apply to your use
of the Site, the Content and the Services by you,
notwithstanding your domicile, residency or physical
location.
Contact Us
Merial values your visit to this Site and welcomes
any questions or suggestions you may have about the
Site, the Content or the Services.
|
