You acknowledge and agree that:
a. Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. MedXL reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. MedXL makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. MedXL hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall MedXL be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit), consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether MedXL has been advised as to the possibility of such damages.
c. MedXL is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, MedXL will not edit, censor or otherwise control, any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by MedXL.
d. This Web site may contain forward-looking statements that reflect MedXL's current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future product trials, ongoing commercialization of its products, regulatory approvals of products, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. MedXL intends to update this site on a regular basis but assumes no obligation to update any of the content.
You understand, acknowledge, and agree to the following:
a. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of the Web site, and to abide by all applicable local, state, federal and international laws, rules and regulations.
Product Labeling and Availability
Unless otherwise noted, product names, descriptions and labeling are of Canadian origin (To view products that are licensed for sale in Canada please consult www.mdall.ca). Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Some of the products listed are available only by prescription. Except as expressly stated and agreed upon in advance by MedXL, no director, employee, agent, or representative of MedXL, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Web site.
The information, documents, and related graphics published on this Web site (the "Information") are the sole property of MedXL, except for information provided by third-party providers under contract to MedXL, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the copyright notice below or "© MedXL, Inc. All rights reserved" appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text. MedXL is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of MedXL.
All product names and logos appearing with ™ or ® are trademarks owned by or licensed to MedXL, its subsidiaries or affiliates. No use of any MedXL trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of MedXL, except to identify the product or services of the company.
Privacy And Security
You recognize and agree that when submitting your personally identifiable information to MedXL.com, while MedXL has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, MedXL shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if MedXL has previously been advised of the possibility of such damages. MedXL does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.
Limitation Of Liability
MedXL does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these materials, information and opinions is solely at your own risk. MedXL disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.
This MedXL web site, the site content, and the products and services provided on or available through this web site are provided on an "as is" and "as available" basis, with all faults. in no event shall MedXL, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents (hereinafter "MedXL parties") be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this web site, the site content, any services provided on or through this web site or any linked site, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this web site or the site content, whether or not there is negligence by MedXL and whether or not MedXL has been advised of the possibility of any such damages. Some countries do not allow the limitation of liability, so this provision may not apply to you. Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to this and other web sites owned or operated by MedXL, its subsidiaries or affiliates.
You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. MedXL.com was created and is operated under the Canadian laws. The laws of the province of Quebec, Canada will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to MedXL.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.