SIMULARE MEDICAL CORP. LEGAL NOTICE/AGREEMENT AND PRIVACY POLICY

 

Legal Notice/Agreement

The statements and information made and provided on this website are provided by Simulare Medical Corp. to identify and facilitate use 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.

 

Privacy Policy

Simulare recognizes that consumers who visit Simulare’s Websites may be concerned about information they provide on-line and how such information is maintained and used. To address these concerns and to demonstrate Simulare’s commitment to privacy, Simulare has developed and implemented this Privacy Policy. As this policy may change from time to time, you are encouraged to periodically check it.

8. Information Collection and Use:

Simulare only collects personally identifiable information on a voluntary basis. It does not require that you provide this information to gain access to its sites and does not require you to disclose more information than is reasonably needed to participate in an activity on its sites. Simulare collects personally identifiable information primarily to email

updates and news, and to respond to your questions or suggestions. It does not transfer or disclose any information it gathers at this site to anyone outside of Simulare without your prior consent, except in cases where it believes in good faith that it has a legal obligation to disclose such information, and to certain suppliers that assist Simulare in maintaining and managing the activities on its websites, Please be assured that these suppliers are legally obligated to maintain the confidentiality of this information and do not acquire any rights to use your information for their own benefit. Simulare may share non-identifiable aggregate information about site users with third parties in an effort to customize or enhance the content of Simulare’s Websites for its users.

Simulare reserves the right, in connection with the potential sale or transfer of the interests of Simulare, to sell or transfer your information (including but not limited to your address, name, institution, country of residency and other

information that you provide through other communications) to a third party entity that concentrates its business in a similar practice or service, agrees to be Simulare’s successor in interest with regard to the maintenance and protection of the information collected, and agrees to the obligations of this privacy policy.

9. Usage Data:

You should be aware that when you visit Simulare Websites, Simulare collects certain information that does not identify you personally, but provides it with "usage data". Simulare uses this information to create summary statistics and to determine the level of interest in information available on this site. Such non-identifying information includes: domain name, date and time this site was accessed, address where your domain name is registered, any keywords you may have used in a search engine to find Simulare, the browser used to find Simulare, and the Internet address of the website from which you linked directly to the Simulare Website.

10. Cookies:

Like most commercial websites, some areas of Simulare Websites may also use what is known as "cookie" technology. A "cookie" is a non-executable element of data that a website can send to your browser when you link to that site. By assigning a unique data element to each visitor, the website is then able to recognize repeat users, track usage patterns and better serve you when you return to that site. The "cookie" does not extract personal information about you. Most browsers provide a simple procedure that will enable you to control whether you want to receive cookies by notifying you when a website is about to deposit a cookie.

11. Security of Information Provided:

Simulare employs appropriate security measures to protect the loss, misuse and alteration of the information under our control. However, as no on-line data transmission can be guaranteed to be totally secure, Simulare (like all websites) cannot warrant or guarantee 100% security of any information you transmit to Simulare Websites. If you select a user name and password, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Simulare reserves the right to refuse service, terminate accounts, and to remove or edit content, in its sole discretion.

12. Permission and Control:

Simulare Websites provide you with the opportunity to opt-in to receive communications as described at each opt-in opportunity. Further, when you receive the requested communication, you are given the opportunity to unsubscribe from receiving any future communications or to change your information. You can always ask to review any personal information that Simulare may have collected from you at a Simulare Web sites, have it updated, correct or delete this information (if Simulare still has the information in its databases), and/or instruct Simulare not to use this information in the future.

If you wish to exercise this right, simply Contact Us.

8. Links to Other Sites:

Simulare cannot and does not guarantee the content or privacy practices of every website for which it may provide a link.

9. How to Contact Us:

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