TERMS AND CONDITIONS OF USE OF WEB SITE Schering-Plough Canada ("SCHERING"), INVITES RESIDENTS OF CANADA TO
ACCESS AND USE THIS WEB SITE SUBJECT TO THE TERMS AND CONDITIONS OUTLINED HEREIN
AND ALL APPLICABLE LAWS. THIS SITE AND ALL INFORMATION CONTAINED THEREIN IS
INTENDED FOR ACCESS AND USE BY CANADIAN RESIDENTS ONLY. YOUR ACCESS TO AND USE
OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. INTELLECTUAL PROPERTY All information, reports, web
pages, graphics, databases, files, software, other works, trade names,
trade-marks, works, designs, copyrights, inventions and confidential
information, or other intellectual property and proprietary rights, whether
registered or not, as used, reproduced or embodied in this web site, including
the manner in which the information is presented or appears and all information
relating thereto (collectively, the "Information"),
are the property of Schering or its licensors, as the case may be. You hereby
grant a non-exclusive, worldwide, royalty-free licence to Schering to reproduce,
modify, adapt, or otherwise use any comments or articles you submit to this web
site and you hereby waive any moral rights that you may have in such articles.
You may download and retain on disk or in hard copy form a single copy of
material on this web site solely for personal, non-commercial use, provided that
you do not remove any copyright or proprietary notices. In the case of any
Schering web site directed to health care professionals, such permission is
limited to the health care professionals to which the web site is directed.
Unless prior written permission is obtained from Schering and its licensors, the
Information obtained from or through the use or access to this web site may not
otherwise be reproduced, published, copied, merged, modified, recompiled,
licensed, distributed, sold, stored in an electronic retrieval system,
downloaded or transmitted, in whole or in part, in any form or by any means
whatsoever. Any unauthorized use of the Information or this web site may
infringe copyright or other intellectual property rights.
2. USE OF THE WEB SITE You represent and warrant that you
are above the age of majority in your jurisdiction. You agree that you are
solely responsible for the protection and confidentiality of any user name and
password used by you to access this site.
Schering reserves the right to alter or delete material from this site at any
time and without notice. Schering reserves the right to terminate your right to
use this web site at any time and without notice.
The Information provided on this web site is for educational and
informational purposes only and should not be relied upon or interpreted as a
recommendation for any specific treatment plan, product or course of action, as
the case may be. The Information on this web site is not intended to be used as
a substitute of any kind for professional advice, including medical diagnosis or
treatment. You should not act or rely on any of the Information without seeking
the advice of a qualified professional where appropriate.
3. THIRD PARTY SITES Any opinions expressed on this web
site or through links to other web sites are those of the authors thereof and
are not necessarily endorsed by Schering. Schering does not assume
responsibility for the accuracy or appropriateness of the information, data,
opinions, advice, or statements contained on such sites and, when you access
such sites, you do so at your own risk. In providing links to other sites,
Schering is in no way acting as a publisher or disseminator of the material
contained on those other sites and does not seek to control the content of those
sites. A link to another site should not be construed to mean that Schering is
affiliated therewith. Similarly, the mention of another party or its product or
service should not be construed as an endorsement thereof.
4. PERSONAL INFORMATION Schering's personal information
practices on this web site are governed by Schering's Customer Privacy Policy
(“Privacy
Policy”). Please review this Privacy Policy
prior to any submission to Schering, of your Personal Information, as defined in
Schering’s Privacy Policy and print a copy of the said Privacy Policy for your
records. You are deemed to have read and accepted the terms of Schering’s
Privacy Policy in the event you submit to Schering any of your Personal
Information, in any printed or electronic materials. This web site does not
intend to target or collect Personal Information from individuals under the age
of majority in their jurisdiction.
5. REPRESENTATIONS AND WARRANTIES The information,
services and products provided at or through this web site and links to other
web sites are provided "as is". Schering makes no representation, warranty,
guarantee or condition of any kind, whether express or implied, arising by
statute, other law or any kind of dealing or usage of trade, about the services
provided by Schering, the use of this web site or the information provided
through this web site, the links to other web sites, including without
limitation, any representation, warranty, guarantee or condition of
uninterrupted or error free operation, quality, accuracy, reliability,
completeness, availability, timeliness, suitability, merchantibility, fitness
for a particular purpose, title or non-infringement. Applicable laws may not
allow the exclusion of one or more warranties which may be implied by such
applicable law, so the above exclusion may not apply to you in whole or in part.
This section shall survive the termination of your right to use this web site
and breach, fundamental or otherwise, of this agreement.
6. LIMITATION OF LIABILITY In no event shall Schering be
liable for any direct, indirect, punitive, incidental, consequential or special
damages or any damages whatsoever including without limitation, lost profits,
expected revenues or damages arising from the use of the web site or the
services or the transmission, storage or receipt of any information on the web
site, whether based on statute, regulation, contract, tort, negligence, gross
negligence or otherwise, even if such damages are reasonably forseeable or
Schering has been advised of the possibility of such damages. This limitation of
liability shall apply not withstanding the breach of a fundamental term or
condition or a fundamental breach of these terms and conditions of use.
Liability is limited to the fullest extent permitted by law. This section shall
survive the termination of your right to use this web site.
7. INDEMNITY You agree at all times to indemnify, defend
and hold harmless Schering, its agents, affiliates, officers, directors and
employees from and against all actions, proceedings, costs, claims, demands,
liabilities, losses and expenses whatsoever (including legal and other fees and
disbursements) sustained, incurred or paid by Schering directly or indirectly in
respect of your use of the Information or the web site.
8. MODIFICATIONS OF TERMS AND CONDITIONS OF USE Schering
may revise these Terms and Conditions of Use at any time and without notice by
modifying or updating this posting. Your use of this web site on or after any
such modification or update will constitute acceptance of these Terms and
Conditions of Use as modified and/or updated.
9. GENERAL These Terms and Conditions of Use shall be
governed by the laws of the province of Québec and the federal laws of Canada,
and you consent to the exclusive jurisdiction of the courts of Québec in all
disputes arising out of or relating to these Terms and Conditions of Use without
regard to the conflict of laws. These Terms and Conditions of Use constitute the
entire agreement between you and Schering with respect to your use of this web
site. A printed or electronic version of these Terms and Conditions of Use shall
be admissible in judicial or administrative proceedings based upon or relating
to these Terms and Conditions of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. These Terms and Conditions are deemed to be entered
into in Québec, Canada. It is the express will of the parties that these Terms
and Conditions of Use and all related documents be drawn up in English.
C'est la volonté expresse des parties que la présente convention ainsi que
les documents qui s'y rattachent soient rédigés en anglais. This section
shall survive the termination of your right to use this web site.
