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INNOVAIR MEDICAL LIMITED

WEBSITE TERMS OF USE

Innovair Medical Limited and/or its affiliates (collectively, “Innovair”, “we”, or “us”) provide services, products, and features to you when you make use of any technology, products, software, or services of Innovair, whether tangible or intangible, through the https://remologie.ca/ website offered by Innovair (the “Site”).

PLEASE READ THESE WEBSITE TERMS OF USE (“TERMS OF USE”) CAREFULLY. BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH INCLUDE (WITHOUT LIMITATION) INNOVAIR’S TERMS AND CONDITIONS OF SUBSCRIPTION (“SUBSCRIPTION TERMS AND CONDITIONS”) AND PRIVACY POLICY (“PRIVACY POLICY”).  [NTD: hyperlink Subscription Terms and Conditions and Privacy Policy]  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS THE SITE.

Innovair may, at its sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use and access of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes.

Wherever used in these Terms of Use, “you”, “your”, or similar terms means the person accessing or using the Site.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING REMOLOGIE.CA.

  1. USE AND OWNERSHIP

 

  1. Innovair may, in its sole discretion, prohibit any user from using or accessing the Site at any time for any reason. Innovair is not liable for any damage or loss of any kind whatsoever resulting from such prohibition.

 

  1. Innovair reserves the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time, and without liability to you.

 

  1. You represent and warrant that you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

 

  1. All content and materials available on the Site, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Innovair or its licensors, and are protected by applicable intellectual property law. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell, or re-sell any content or information obtained from or through the Site.

 

  1. You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (including without limitation federal, provincial, municipal and local) applicable to your use of the Site.

 

  1. You must not attempt to restrict another user from using or enjoying the Site and you must not encourage or facilitate violations of these Terms of Use or any other Innovair terms.

 

  1. You (i) consent to receive communications from Innovair in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that Innovair provides to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and Innovair’s agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive Communications electronically by contacting us at [support@Innovair.com]. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent or for which we do not require your consent.

 

  1. You must not interfere or disrupt the Site or servers or networks connected to the Site, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Innovair page is rendered or displayed in a user’s browser or device.

 

  1. You must not change, modify, adapt, or alter the Site or change, modify, or alter another website so as to falsely imply that it is associated with the Site or Innovair.

 

  1. As a condition to using certain aspects of the Site, you may be required to register an account and select a username and password. Should you register an account, you shall provide Innovair with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account username and password.

 

  1. VIOLATION OF THESE TERMS OF USE MAY, IN INNOVAIR’S SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS OF USE, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR INNOVAIR, INNOVAIR CAN STOP PROVIDING ALL OR PART OF THE SITE TO YOU.

 

  1. THIRD-PARTY SITES

 

  1. The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Innovair.

 

  1. You expressly acknowledge and agree that Innovair is in no way responsible or liable for any such third-party services or features.

 

  1. Your correspondence and business dealings with third parties found through the Site are solely between you and the third party.

 

  1. MODIFICATIONS TO THE TERMS OF USE

Innovair reserves the right to change or modify any of the terms and conditions contained in these Terms of Use at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use from time to time. Your continued use of the Site after such modifications to these Terms of Use will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

  1. LIMITATION OF WARRANTIES AND LIABILITY

 

  1. By using the Site, you understand and agree that the Site is provided "as is" and "as available". This means that we do not represent or warrant to you that:
  • the use of the Site will meet your needs or requirements;

 

  • the use of the Site will be uninterrupted, timely, secure or free from errors;

 

  • the information obtained by using the Site will be accurate or reliable; and

 

  • any defects in the operation or functionality of the Site will be repaired or corrected.
  1. Furthermore, you understand and agree that:

 

  • any content downloaded, products or equipment purchased or otherwise obtained through the use of the Site is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content or any injury or death that may result in the use of any such products or equipment; and

 

  • no information or advice, whether expressed, implied, oral or written, obtained by you from us or through any the Site shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.

 

  1. In conjunction with the limitation of warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you have actually paid, if any, for the use of the Site in the last twelve (12) months.

 

  1. In no event shall Innovair be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information contained therein or the products and equipment obtained through the Site.

 

  1. Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.

 

  1. INDEMNIFICATION

UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ASSIGNS HARMLESS FROM AND AGAINST ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE SITE, YOUR VIOLATION OF ANY OF THE TERMS OF USE, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE SITE.

  1. INTERNATIONAL USE

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

  1. GOVERNING LAW; MISCELLANEOUS

 

  1. Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site shall be governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflicts of laws.

 

  1. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Innovair’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Innovair reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions, agreements, or interactions with Innovair.

 

  1. This is the complete agreement with respect to your use of the Site, other than the Privacy Policy and the Subscription Terms and Conditions, which are incorporated herein by reference.

 

  1. CONTACT INFORMATION

If you have any questions or comments about these our Terms of Use as outlined above, you can contact us using the contact information noted on our website at: https://remologie.ca/about-us/contact-us/.

 

Last updated on , 2021.

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