SIMULARE MEDICAL CORP. TERMS AND CONDITIONS/LEGAL NOTICE

Legal Notice/Agreement

The statements and information made and provided on this website are provided by Simulare Medical Corp. to identify and facilitate use of its products and are for non-commercial use.

Your access to and use of this or any other website owned or provided by Simulare Medical Corp. and/or any of its related, affiliated, or subsidiary companies (collectively “Simulare”) is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing this or any website owned or provided by Simulare (collectively “Simulare Websites”), you automatically accept, without limitation or qualification, the Terms and Conditions.

Please review the Terms and Conditions carefully if you are planning to copy, download, forward, store, or reuse any of the information on Simulare Websites.

Terms and Conditions

1. Use:

By your use of, and browsing on, this Simulare Website you acknowledge and agree that:

a) All statements and information on Simulare’s Websites (collectively, “Information”) are intended for medical training purposes only, using Simulare equipment, and that use in the treatment of human or non-human patients is prohibited;

b) Simulare is not providing any form of medical or clinical advice through the provision of any Information;

c) Simulare, its officers, directors, employees and representatives are not liable for any claims resulting from the use (whether proper or improper) of any Information, including a decision to use them in prohibited or inappropriate circumstances;

d) YOUR USE OF, AND BROWSING ON, SIMULARE WEBSITES IS AT YOUR OWN RISK;

e) WHILE SIMULARE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION, THE INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND;

f) SIMULARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, OR FOR THE USE OR RESULTS OF THE USE OF INFORMATION, IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE OR RELIABILITY, WHETHER OR NOT THE INSTRUCTIONS ARE PROPERLY FOLLOWED;

g) SIMULARE DOES NOT WARRANT THAT DEFECTS IN THE INFORMATION WILL BE CORRECTED OR THAT SIMULARE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND

h) NONE OF SIMULARE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF: i) ANY ERRORS OR OMISSIONS IN THE CONTENT OF INFORMATION, ii) USE OF INFORMATION, AND iii) USE OF SIMULARE EQUIPMENT; AND iv) ANY NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM RESULTING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF SIMULARE WEBSITES, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, OR THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN SIMULARE’S WEBSITE, OR ANY SITE TO WHICH YOU HYPERLINK FROM A SIMULARE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON SIMULARE’S PART OR IF A SIMULARE AUTHORIZED REPRESENTATIVE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY SUCH DAMAGES, OR BOTH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

i) SIMULARE’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, OR CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED IN CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS SIMULARE’S WEBSITES.

2. Submissions:

Simulare will be entitled to use any suggestion, idea, graphics or other information (“submission”) made by you through any Simulare Websites for any commercial or other purpose, without compensating you or any other person sending the submission even if this agreement is later terminated.

You acknowledge that you are responsible for any submission you make and that you, and not Simulare, have full responsibility for its legality, reliability, appropriateness, originality, copyright and non-infringement.

3. Intellectual Property:

All Information from any Simulare Website, may not be copied, distributed or republished, displayed, licensed, sold, modified, reused, uploaded, posted or transmitted in any way, without the prior written consent of Simulare, except as provided below. You may download one copy of the Information on one computer for surgical training and instructional purposes only, provided you do not delete or change any copyright, trademark or other proprietary notices contained on the Information.

Modification or use of Information for any other purpose violates Simulare’s intellectual property rights.

Software downloaded, including the files and images incorporated in or generated by the software and all accompanying data, is licensed to you for your non-commercial use and may not be redistributed, sold, reverse-engineered, disassembled or otherwise converted to any other form.

4. Links:

Simulare Websites may contain links allowing you to leave the Simulare Website for other sites that are not under the control of Simulare. Simulare is not endorsing any such linked sites and is not responsible for the content or transmission of any linked site or any link contained in a linked site. Simulare shall not be liable for any damages or injury arising from access to, or use of, such sites.

5. Applicable Law:

These Terms and Conditions and the agreement they create shall be governed by, and constructed in accordance with, the laws of Canada and Ontario, without giving effect to the principles of conflicts of law thereof.

You agree that jurisdiction over and venue in any legal proceedings arising out of or related to Simulare Websites shall be in the courts of Toronto, Ontario, Canada. If any provision of this agreement is unlawful, void or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Simulare relating to the subject matter herein. Simulare may modify these Terms and Conditions, without notice, at any time, by updating this posting.

6. Term:

This agreement is effective until terminated by either you or Simulare. Sections 1, 2, and 5 of these terms and conditions shall survive any termination of this agreement.

You may terminate the agreement at any time by destroying all materials obtained from all Simulare Websites, along with all related documentation and all copies and installations (collectively "Materials").

Simulare may terminate the agreement at any time if, in its sole judgment, you breach any term or condition of this agreement, at which time you must destroy all Materials.

Simulare reserves the right to terminate all or part of Simulare Websites at any time, without notice to you.

7. Maintenance of Accurate Information:

Reasonable efforts are made to ensure the information is correct and timely. If any information is found to be incorrect, please email us at Contact Us. When notified of incorrect information, Simulare strives to make the necessary corrections in a prompt, timely fashion. Simulare will investigate the problem and, if appropriate, update the information.

8. How to Contact Us:

If you have any questions or concerns about this Legal Notice and these Terms and Conditions, or your dealings with this website, please Contact Us.