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Terms & Conditions

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    TERMS AND CONDITIONS OF USE - IGENOMIX WEBSITE (CANADA)

    Welcome to Igenomix.ca (the “Site”). The terms of use set forth herein govern your use of the Site (the “Terms of use”). By using this Site, you agree to be bound by these terms and conditions. If you do not agree to all these terms and conditions, including the Privacy Policy https://www.igenomix.ca/privacy-policy do not access or use this Site. IGENOMIX (“IGENOMIX” or “We”) may modify this Site and the terms and conditions of use at any time. These modifications will be posted on this Site as they occur. By your continued use after any such change is posted, you accept such modification.

    The content is provided as a general information source. The use of this Site does not create a doctor-patient relationship. IGENOMIX is not providing medical or similar professional services or advice through this Site, and the information set forth herein is not intended to replace medical advice provided by your physician. Nothing contained in this Site is intended to be used for medical diagnosis or treatment. Any clinical information contained within the "Providers" and “Send a Sample” sections of our Site are intended for the use of healthcare professionals only. Healthcare professionals should exercise their own clinical judgment when using our content or tools.

    If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this site.

    Prohibited Uses

    You may use the Site only for lawful purposes and in accordance with these Terms of Use.

    You agree not to use the Site:

    • in any way that violates any applicable federal, provincial, local or international law or regulation;
    • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
    • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
    • transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability;
    • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm IGENOMIX or users of the Site or expose them to liability.

    Additionally, you agree not to:

    • use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
    • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
    • use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
    • use any device, software or routine that interferes with the proper working of the Site;
    • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
    • attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
    • otherwise attempt to interfere with the proper working of the Site;
    • use this Site to bait and switch a customer, including using the IGENOMIX’s materials to sell products or services;
    • engage in any other conduct or activity that either conflicts with these Terms of Use or that IGENOMIX deems, in its sole, absolute and unrestricted discretion, to be in conflict with these Terms of Use.

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, membership, approval or endorsement on our part without our express written consent.

    You must not:

    • cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; and
    • otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

    You agree to cooperate with IGENOMIX in causing any unauthorized framing or linking immediately to cease. IGENOMIX reserves the right to withdraw linking permission without notice to you.

     

    Third-Party Information and Links from the Site

     

    The Site provides you with convenient links and references to other Sites that are owned and operated by third-parties, these links are provided for your convenience only. IGENOMIX does not sponsor or endorse any information, products, goods or services contained on or offered through any of the linked Sites. Likewise, IGENOMIX does not sponsor or endorse any individuals or entities that are associated with other Sites linked via our Site. These third-party sites and their content are not reviewed, maintained, operated or controlled by IGENOMIX, and IGENOMIX does not provide any guarantees regarding these linked Sites. You assume sole liability and do so at your own risk for the access or use of such third-party sites and content.

    Copyright and other Intellectual Property

    The entire contents of this Site are subject to copyright protection of Canada and other jurisdictions. All rights are hereby reserved. The contents of this Site may not be copied other than a single copy for non-commercial personal use with all copyright or other proprietary notices retained. It may not be recopied, reproduced or otherwise redistributed. Except as

    expressly provided herein, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents or materials contained in this Web site or any portion thereof in any electronic medium or hard copy, or create any derivative work based on such images, text or documents, without the express written consent of IGENOMIX. Nothing contained herein shall be construed (under any theory) to confer any license or right under any patent or trademark of IGENOMIX or any third-party. Unless otherwise expressly set forth in the Web site, all product names whether or not appearing with the trademark symbol are trademarks of IGENOMIX, its affiliates, related companies, or licensors. The use of these trademarks or any other materials, except as permitted herein is expressly prohibited.

    All brand names, characters, slogans, logos, service marks, and trademarks whether or not appearing in italicized, bolded and/or in large print, with or without the trademark symbols, are owned by or licensed to IGENOMIX or its affiliates, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. Any unauthorized use of the content or trademarks or any materials, may violate copyright, trademark, unfair competition, false advertising, privacy, and other Canadian and/or international laws, and may infringe upon the rights of IGENOMIX.

    Privacy Policy

    IGENOMIX will treat as confidential all personal information submitted by you as a customer or visitor to the Site in accordance with IGENOMIX’s Privacy Policy. The purpose of our privacy policy is to identify the information We collect online, the steps We take to protect it and your choices regarding how that information is used.

    Liability & Warranty Disclaimer

    ALL CONTENT ON THIS SITE IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OR ANY WARRANTIES RESPECTING TITLE, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA, ALL OF WHICH IGENOMIX HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THIS WEB SITE AND THE CONTENT HEREOF IS AT YOUR OWN RISK.

    IN NO EVENT WILL IGENOMIX, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND AND IGENOMIX DISCLAIMS ALL LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE) OR CONTRACT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, ECONOMIC, EXEMPLARY, CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO OR USE OF THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY CONTENT, MISTAKES OR OMISSIONS OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN SERVICE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, FORCE MAJEURE, TELECOMMUNICATIONS FAILURES, DESTRUCTION OF, THEFT, OR UNAUTHORIZED

    ACCESS TO THIS WEB SITE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PARTICULAR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

     

    Indemnification

    You agree to indemnify, defend and hold harmless IGENOMIX and its respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, liabilities, judgments, awards, costs, claim, suit, damage, fee and expense (including reasonable attorneys´ fees and expenses) related to (i) your violation of these terms and conditions and (ii) your posting of material to this Site.

    Jurisdiction

    This Site is the corporate website of IGENOMIX Genetic Services Canada Inc., which is located in Montreal, Canada, and contains product specific information that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and may be cleared or approved by a government regulatory body for sale or use in different indications or with different restrictions in different countries or regions. The product information on this Site is intended for use by Canadian residents only. This Site may provide links to IGENOMIX's operating divisions which may be located outside of Canada. Those sites may have information that is not appropriate for Canada. In no event shall the information on those sites be construed as a promotion or solicitation for any product for the use of any product that is not authorized under the laws and regulations of the country where you are located.

    Applicable Law

    The Site, the information and the Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. Any dispute is to be submitted to the exclusive jurisdiction of the courts in the judicial district of Montreal, Province of Quebec.

    You agree that IGENOMIX may commence an action in any court of competent jurisdiction in order to enforce these Terms of Use and to seek damages and/or equitable relief against you for any breaches by you of these Terms of Use.

    IGENOMIX makes no representation that material on this Site is appropriate or available for use in other locations, and accessing them from territories where their content is 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.

    Termination

    These terms and conditions are effective unless and until modified as noted above, or terminated, at any time, by IGENOMIX. If, in the sole discretion of IGENOMIX, you fail to comply with these terms and conditions, IGENOMIX may terminate these terms and conditions without notice and deny you access to the Site.

    Entire Agreement

    Subject to any other applicable agreement you may have entered into with IGENOMIX, these Terms of Use, with the Privacy Policy, and any other notices or statements posted on the Site constitute the entire agreement between you and IGENOMIX with respect to the use of the Site and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IGENOMIX with respect to the Site.

    Waiver

    Any delay, omission or failure by IGENOMIX to exercise any of its rights, powers or remedies under these Terms of Use does not constitute a waiver by IGENOMIX of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent us from subsequently exercising any other right, power or remedy. IGENOMIX may assert at any time or against any person any such rights, powers or remedies.

    Severability

    If any provision of these Terms of Use are deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

    English Language

    It is the express wish of the parties that these Terms of Use be drafted in English. Les parties aux présentes ont expressément demandé que ces modalités d’utilisation du site web soient rédigées en anglais.

    Your Comments and Concerns

    This Site is operated by the IGENOMIX Genetic Services Canada Inc., 200-5160 Boul. Décarie, Montreal, Quebec, Canada, H3X2H9.

     

    For all other feedback, comments, requests for technical support and other communications relating to the Site contact Ms Paula Miquel at paula.miquel@igenomix.com or by mail at 5160 Décarie Blvd, Montreal, Quebec H3X, Attention: Ms Paula Miquel.

     

    All questions, comments, suggestions and other communications provided by you regarding the Site or any content contained in the Site will be deemed to be non-confidential and IGENOMIX

    will have no obligation of any kind with respect to any such communication, and will be free to reproduce, use disclose and distribute such communication or otherwise, without limitation.

     

    The internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the internet between you and IGENOMIX cannot be ensured. IGENOMIX is not responsible for any damages you may suffer if you communicate confidential information over the internet or if IGENOMIX communicates such information to you at your request.

    Igenomix is in the media

    Igenomix is not affiliated with any news outlet or publication identified above. News coverage does not constitute an endorsement of Igenomix or its products.

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