Valeant’s Canadian Consumer Products divisions, including Afexa Life Sciences and its affiliates (collectively “Valeant Canada Consumer Products” or “VCCP”) make available to you various websites operated by VCCP (collectively, the “Websites”) subject to your acceptance of and compliance with these legal terms and conditions (the “Terms”). By accessing or using the Websites you are agreeing to and accepting these Terms. If you do not agree with these Terms do not access or use the Websites. Further, your use of a particular VCCP website included within the Websites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Websites may themselves contain additional terms that govern particular features or offers (for example, contests or chat areas). In the event that any of the terms, conditions or notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular VCCP website then these Terms shall control.
VCCP reserves the right to modify these Terms at any time without prior notice by posting such modifications on the Websites. Your continued access or use of the Websites after such modifications have been posted shall indicate your acceptance of and agreement to be bound by these Terms as modified. It is your responsibility to review these Terms regularly.
Conditions of Use
Except as may be expressly authorized by VCCP, the Websites are for personal and noncommercial use. Any reproduction, distribution, transmission, display, modification or distribution of, or creation of derivative works from, the materials or content of any of the Websites, in whole or in part, is strictly prohibited.
VCCP reserves the rights to modify, change, discontinue or suspend the Websites in whole or in part, at any time, without prior notice to you. VCCP or any of its respective employees, agents, officers, directors or third party service providers (collectively, “VCCP Service Providers”) shall not be liable to you or any third party should VCCP exercise this right.
Accuracy of Information
VCCP makes reasonable efforts to ensure that the information provided through the Websites is current and accurate. VCCP makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.
Ownership of Intellectual Property
VCCP or VCCP Service Providers own all right, title and interest in this Site including all associated market data and information, and you acquire no interest therein. The materials provided on this Site including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms or your use of the Websites shall grant you any rights in or to the intellectual property or proprietary rights of VCCP or any third party. You may not frame this Site or link to the Websites without VCCP’ express permission. If you wish to link to this Site please contact us at 780-432-0022.
VCCP and related words and logos are the property of VCCP. Nothing in this or on this Site shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any marks or names of VCCP. The names of other companies, products or services referred to on this Site may be trade-marks or trade-names of their respective owners. Any unauthorized use of the name Valeant Canada Consumer Products, Afexa Life Sciences, afexa.com, cold-fx.com, coldsore-fx.com, immunity-fx.com, memory-fx.com, cell-fx.com, remember fx.com and related words, logos and trade-names or the trade-marks or trade-names of third parties is strictly prohibited.
VCCP hereby grants to you a licence to download one copy of materials published by VCCP on this Site on any single computer for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
VCCP hereby grants to you a licence to download one copy of materials published by VCCP on this Website on any single computer for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
Software Available on this Site
Software that is made available to download from this Site is the copyrighted work of VCCP or third party vendors. Your use of the software is governed by the terms of the end user license agreement which accompanies or is made available with the software. You may not install or use the software unless you first agree to the terms and conditions of the license agreement.
VCCP does not and cannot review all communications and materials posted to or created by users accessing this Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on this Site, VCCP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this Site. However, VCCP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trade-mark or other intellectual property right of another, (d) in violation of any law or regulation, or (e) offensive or otherwise unacceptable to VCCP at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by VCCP in accordance with our Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. VCCP will have no obligations with respect to the Communications. VCCP and its designees will be free 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 noncommercial purposes.
User Chat Rooms
VCCP may, but is not obligated to, monitor or review any areas on this Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. VCCP, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trade marks, libel, privacy, obscenity, or otherwise.
Certain links on this Site lead to other websites (“Linked Sites”). Independent parties over whom VCCP has no control maintain the Linked Sites. VCCP makes no representations or warranties as to the accuracy or any other aspect of the information or anything else contained on the Linked Sites, including the goods or services sold or made available. VCCP disclaims all liability and responsibility for the content of the Linked Sites. Nothing in these Terms grants you any rights or authorization with respect to any Linked Sites. You access Linked Sites at your own risk.
Compliance with Laws
In addition to complying with these Terms, you agree to use this Site, Linked Sites and services available on or through this Site and Linked Sites for lawful purposes only and in a manner consistent with local, national and international laws and regulations. You may not use this Site or Linked Sites in any manner which could damage, disable, overburden, or impair this Site or Linked Sites or interfere with any other party’s use or enjoyment of this Site or Linked Sites.
Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT:
USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. VCCP AND VCCP SERVICE PROVIDERS DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
USE OF ANY LINKED SITE IS ENTIRELY AT YOUR OWN RISK. HYPERLINKS FROM THIS SITE TO ANY LINKED SITE DO NOT IMPLY AN ENDORSEMENT OF THE LINKED SITE OR ANY GOODS, SERVICES OR INFORMATION PROVIDED THROUGH SUCH LINKED SITES.
THE DOWNLOADING OF MATERIAL FROM THIS SITE OR LINKED SITES IS DONE AT YOUR OWN RISK. VCCP DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THIS SITE OR ANY LINKED SITE.
YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THIS SITE OR ANY SITE ACCESSIBLE THROUGH THIS SITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. VCCP AND VCCP SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THIS SITE OR ANY SITE ACCESSIBLE THROUGH THIS SITE.
Limitations of Liability
IN NO EVENT SHALLVCCP BE LIABLE FOR ANY:
(i) DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY OR PUNITIVE DAMAGES,
(ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY,
(iii) CLAIMS OF THIRD PARTIES, OR
(iv) OTHER PECUNIARY OR OTHER LOSS,
ARISING OUT OF OR RELATED TO THESE TERMS, THIS SITE OR ANY LINKED SITE.
IN NO EVENT WILL THE CUMULATIVE LIABILITY OF VCCP AND VCCP SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS, THIS SITE OR ANY LINKED SITE EXCEED CDN$10.00. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Scope of Limitations and Disclaimers
THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF VCCP AND OR VCCP SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
IN EXCHANGE FOR USING THIS SITE YOU AGREE TO INDEMNIFY AND HOLD VCCP AND VCCP SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES ON A SOLICITOR AND HIS OWN CLIENT BASIS) ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY POLICIES.
The laws of the Province of Quebec and any applicable federal laws of Canada (without regard to the choice of laws provisions) shall govern your use of this Site. The courts of the Province of Quebec shall have exclusive jurisdiction over any dispute arising out of your use of this Site.
These Terms, any and all other notices, policies and statements contained on this Site (as the same may be amended by VCCP from time to time without prior notice) constitute the entire agreement between VCCP and you. These Terms cannot be modified except as described elsewhere herein. These Terms supersede anything in this Site inconsistent with these Terms. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect.