CONDITIONS OF USE
PLEASE READ THESE CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. BY VISITING OSTEOBIFLEX.CA, YOU SIGNIFY YOUR ASSENT
TO THESE CONDITIONS OF USE.
Please note that references to “we”, “us” and “our” in these Conditions of Use refer to Osteo Bi-Flex™.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
All material on this site, including text, logos, graphics, images, sound, software, data, site design, programming, and all other content, and the selection, organization, functionality, performance and arrangement of the foregoing (each individual, and, collectively, the “Content”), is owned or licensed by Osteo Bi-Flex™. The Company and/or its respective third party providers and distributors own the copyright in all such materials unless otherwise indicated. In addition, the trade-marks and trade dress of the Company and its affiliates are protected under the applicable Canadian, United States and international trade-mark and trade dress laws and are the sole and exclusive property of the Company or its affiliates, its respective owners and owners of its suppliers and/or its respective third party providers and distributors. Unauthorized use of this site or the Content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trade-mark notices, and any other proprietary notices contained in the Content on this site. Nothing contained on this site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trade-marks or the Company or its affiliates without the written permission of the Company or that affiliate, or such other party that may own the trade-marks. Except for the licence granted by these Conditions of Use, your use of this site gives you no rights in the trade-marks, copyrights, trade secrets or any other intellectual property rights of the Company, its affiliates and/or its various third party providers and distributors.
Except as expressly provided above, this site and the Content provided on this site may not be copied, republished, displayed, modified, uploaded, posted, transmitted, retransmitted, sold, transferred, distributed or imitated in whole or in part under any circumstances without the written permission of the Company, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
A limited, revocable, personal licence to reproduce certain documents, namely white papers, press releases, reports, data sheets and FAQs (the "Documents") from this website is granted to you, provided that (i) the copyright and permission notice provided below appears on all copies of Documents; ii) such reproduction of Documents from this website is for informational, non-commercial and personal use only; (iii) Documents shall not be copied or posted in whole or in part on any network computer or broadcast in any media; and (iv) you will not make any modifications to any Documents. Use of any Documents for any other purpose, or in any other manner, is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law. Documents specified above do not include the design or layout of the "OsteoBiflex.ca" website or any other website owned, operated, licensed or controlled by Osteo Bi-Flex™ or its affiliates.
Permission & Copyright Notice: "Reproduced under permission; © 2003-2009, Nature’s Bounty Canada Management, Inc. or its affiliates."
USER CONDUCT
You agree:
(a) not to use this site in any manner which could damage, disable, overburden or impair this site;
(b) not to interfere with the security of, or otherwise abuse, this site, or any services, system resources, accounts, servers or networks connected to or accessible through this site or affiliated or linked sites;
(c) not to disrupt or interfere with any other person's use and enjoyment of this site or affiliated or linked sites;
(d) not to upload, post or otherwise transmit on this site any viruses or other harmful, disruptive or destructive files or computer programs;
(e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the Content contained at this site;
(f) not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site, or any services, system resources, accounts, servers or networks connected to or accessible through this site or affiliated or linked sites;
(g) not to take any action which imposes an unreasonable or disproportionately large load on the infrastructure of the site;
(h) not to transmit on this site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and
(i) not to attempt to obtain unauthorized access to this site or portions of this site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this site.
OTHER SITES AND THIRD PARTIES INFORMATION
At the OsteoBiflex.ca site, we may provide links to the sites of affiliated companies and certain other businesses and the Company makes no representations whatsoever about any other website which you may access through the use of this website. When you access a non-Osteo Bi-Flex™ website, you acknowledge and agree that it is independent from the Company, and that the Company has no control over the content on such other website. In addition, a link to a non-Osteo Bi-Flex™ website does not mean that the Company endorses the content or the use of such website. We are not responsible for examining or evaluating, and we do not warrant and we are not responsible for the offerings of, any of these businesses or individuals or the content, or the use, of any such third party websites. It is up to you to take precautions to ensure that whatever sites you select for your use are free of such items as viruses, worms, trojan horses and other items of a destructive nature. In addition, you should carefully review their privacy statements and other terms and conditions before providing any information to such third party websites.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand and agree that you are responsible for all uses of this site by you and those using your login information. You are responsible for maintaining the confidentiality of your login information.
ERRORS, CHANGES AND IMPROVEMENTS
Information on this website may contain technical inaccuracies or typographical errors, for which Osteo Bi-Flex™ disclaims all liabilities. Information may be changed or updated at any time without notice. Osteo Bi-Flex™ may also make improvements and/or changes in the products and/or the programs described on this site at any time without any notice.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; LINKED SITES
INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, the Company, AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS,AND THOSE OF IT'S AFFILIATES (COLLECTIVELY, THE “OSTEO-BI-FLEX™ PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, TITLE, OR NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE, AT LAW, IN EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE OSTEO BI-FLEX™ PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE OR ACCESSED THROUGH THIS SITE. THE OSTEO BI-FLEX™ PARTIES DO NOT WARRANT THAT THE SITE AND ITS CONTENT WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE OSTEO BI-FLEX™ PARTIES WILL NOT BE LIABLE FOR LOSS OR DAMAGE TO YOUR COMPUTER, DATA, OR COMPUTER AND TELECOMMUNICATIONS SYSTEMS AS A RESULT OF YOUR USE OF THIS SITE.
SECURITY – EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, THE OSTEO BI-FLEX™ PARTIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS SITE OR ANY HYPERLINKED WEBSITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR RELIANCE ON, THIS SITE AND INFORMATION ACCESSED THROUGH THIS SITE, IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE OSTEO BI-FLEX™ PARTIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR HARM TO BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON, OR ACCESSED THROUGH, THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, EVEN IF ANY OF THE OSTEO BI-FLEX™ PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR COULD REASONABLY FORESEE SUCH LOSS OR DAMAGES OCCURRING.
THE LINKS TO THIRD PARTY SITES ON THIS WEBSITE WILL LET YOU LEAVE THIS WEBSITE. THE LINKED SITES ARE NOT RELATED TO OR UNDER THE CONTROL OF OSTEO BI-FLEX™ OR ITS AFFILIATES AND OSTEO BI-FLEX™ AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. OSTEO BI-FLEX™ IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OSTEO BI-FLEX™ OF THE LINKED SITE OR ITS CONTENT.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Osteo Bi-Flex™ Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of this site under your password or other unique identifier by any other person, whether or not authorized by you, (ii) your breach of these Conditions of Use, and (iii) your violation of any law or the rights of the Company or any third party arising out of your use of or inability to use this site, its Content, any hyperlinked website, and any of the products and services that may be made available on this site. The Company reserves the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with the Company’s and its designees’ defence of these claims, demands and actions.
HEALTH RELATED INFORMATION
You should be aware that the material that appears on this site and that is accessed through this site is for informational purposes only and is not meant to substitute for individualized advice provided by your own physician or other medical professional. You should not use the information contained herein or accessed through this website for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding products described on this site have not been evaluated by Health Canada or the Food and Drug Administration.
SUBMISSIONS
"Submissions" means all comments, feedback, questions, suggestions, photos, e-mail and similar information or materials that you submit to the Company regarding the Company’s services of Osteo Bi-Flex™. Submissions will not be confidential and will become the property of the Company upon submission to the Company. By providing any such information or materials to the Company, you grant to the Company and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that the Company and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to the Company for any purpose. You represent and warrant that any Submission you provide to the Company will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not the Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You further recognize that the Company does not want you to, and you warrant that you will not, provide any information or materials to the Comany that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporate the proprietary or confidential material of another. The Company does not prescreen or monitor any Submissions as a matter of policy.
RELATIONSHIP
Your use of this site is independent of the Company and not as an employee, agent, partner or joint venturer with the Company for any purpose.
APPLICABLE LAW
By visiting the OsteoBiflex.ca website, you agree that the laws of the province of Ontario and the federal laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any and all disputes that might arise between you and Osteo Bi-Flex™ or its affiliates. Where a dispute arises between you and the Company, you agree to submit the dispute to arbitration, which shall take place in Toronto and the rules governing such arbitration shall be as provided under Ontario's Arbitration Act, 1991 (Ontario) or any successor legislation.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
OUR ADDRESS
Nature's Bounty Canada Management, Inc.
Marketing Department
2100 Smithtown Avenue
Ronkonkoma, New York 11779
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our Privacy Policy posted on this site, the terms of which are incorporated herein, which also govern your visit to OsteoBiflex.ca. The Company reserves the right to modify the Privacy Policy and these Conditions of Use at any time. Such modifications will be effective immediately upon notice thereof, which may be given by any means including by posting on this site, electronic or conventional mail. Your use of this site following any such notice constitutes your agreement to follow and be bound by the Conditions of Use as modified. If at any time these Conditions of Use are no longer acceptable to you, you should immediately cease all use of this site. The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this site at any time for any reason without prior notice to you and without any liability to you for doing so. The Company may change, suspend or discontinue all or any aspect of this site at any time, including the availability of any feature or Content, without prior notice and without liability to you for doing so. If any of the terms or conditions in these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
ENTIRE AGREEMENT
These Conditions of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
MISCELLANEOUS
As used herein, unless the context otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the term “hereof,” “herein,” “hereby” and similar or derivative words refer to this entire site; (iv) the word “or” will be deemed to include both its disjunctive and its conjunctive meaning; and (v) the term “including” and similar or derivative words will be deemed to be followed by the words “without limitation.”
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