Conditions of Use

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General Conditions of Use

 By accessing and using any of the websites owned and/or operated by Boyd Pharmaceuticals  (“Boyd Pharma”), including boydpharma.com, and the content on those websites (referred to collectively as the “Website”), you are deemed to have agreed to these terms and conditions of use (the “Terms of Use”) and any other notices, guidelines and rules (some of which may only apply to a specific Boyd Pharma website) posted by Boyd Pharma on the Website (or an individual website) from time to time, each of which is incorporated by reference into and forms a part of these Terms of Use, and all applicable laws and regulations governing the Website.

Boyd Pharma has the right, in its sole discretion and without notice, to modify these Terms of Use, in whole or in part, at any time.  The date on which these Terms of Use were last changed will appear at the top for your reference.  Your continued use of the Website after a change will constitute acceptance of that change.

If you do not agree with these Terms of Use, you are not granted permission to use the Website and should exit immediately.

Use of the Website

Access to the Website is permitted on a temporary basis, and Boyd Pharma reserves the right, in its sole discretion and without notice, to withdraw or modify the Website, in whole or in part, at any time. Boyd Pharma shall not be liable if, for any reason, the Website or any part of the Website is unavailable at any time or for any period.

You must not misuse the Website, including, without limitation, for purposes that include: infringing the rights of, or restricting or inhibiting anyone else’s use or enjoyment of the Website; disseminating any unlawful or objectionable material; obtaining unauthorized access to or interfering with Boyd Pharma’s computer systems; or, to otherwise breach applicable laws or regulations.

Accessing the Website from locations where its content is illegal is prohibited.  Individuals who choose to access the Website from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws.

Intellectual Property

Except as indicated, Boyd Pharma is the owner of all intellectual property rights in the Website, including, without limitation, underlying HTML, images, text, documents, code, trademarks, logos, designs, photographs, product names and the Website’s general look and feel.  Boyd Pharmareserves all rights that are not specifically granted under these Terms of Use.
You may copy any portion of the Website (except for any third party-owned content that has been identified as such) for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices and any disclaimer relating to the content on the copy that you make. Other than as expressly provided above: (i) you may not copy the Website, or any portion thereof, in any medium whatsoever (electronic or otherwise) or create any derivative work based on the Website, without the prior written consent of Boyd Pharma; and (ii) nothing contained in these Terms of Use shall be construed as conferring any license or right under any copyright, patent or trademark of Boyd Pharma or any third party.

Disclaimer 

 The Website is provided “as is” and “as available”. Your use of the Website is at your own risk, and you acknowledge that you are solely responsible for actions and communications undertaken or transmitted by you while using or otherwise in connection with the Website.  The Website is not guaranteed to be error-free or uninterrupted. Boyd Pharma assumes no responsibility and provides no warranties, representations, guarantees, covenants or conditions, express or implied (either in fact or by operation of law) or statutory, including, without limitation, with respect to the quality, accuracy, reliability, currency, completeness, merchantability, fitness for a particular purpose, non-infringement, or continued availability of the Website.

Health Information

 Any product or health information on the Website is provided for informational and educational purposes only, is not a substitute for professional advice or medical training, assessment or treatment, and its publication does not constitute the practice of any health profession. Such information is to be used in consultation with and/or under the supervision of qualified healthcare providers. You agree that you will bear all risks associated with the use of the Website, including any reliance placed on the availability, accuracy, currency, completeness, usefulness or appropriateness of product or health information on the Website.  If you have a health or medical condition, please consult an appropriate healthcare provider.

 Third Party Resources

 The Website may provide links to other websites and resources over which Boyd Pharma has no control.  You acknowledge and agree that Boyd Pharma is not responsible for the availability of such external sites or resources, does not endorse these, and is not responsible or liable for any content, advertising, information, products or other materials on or available from such sites or resources.  You further acknowledge and agree that Boyd Pharma will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any external site or resource.  If you decide to visit or use any external site or resource, you do so at your own risk and it is your responsibility to take all protective measures to guard against harm, including, but not limited to, computer viruses and other destructive elements.

Personal Information / Use of Information

 You agree to the use and disclosure of any Personal Information that you may provide to Boyd Pharma through the Website, as described in the Boyd Pharma Pharma Canada Privacy Statement (the “Policy”) posted above, as amended from time to time.  You also agree that any information that is not Personal Information (as defined in the Policy) that you choose to provide to Boyd Pharma through the Website, as well as any questions, comments or suggestions that you do not indicate are confidential, will be understood to be non-confidential information that Boyd Pharma will be free to reproduce, use, disclose and distribute in its sole discretion and without limitation, and that Boyd Pharma will have no obligation to you of any kind with respect to such information.  Without limiting the generality of the foregoing, Boyd Pharma will be free to use any ideas, concepts, know-how or techniques included in information that you provide through the Website for any purpose whatsoever and you warrant that any such information does not infringe the intellectual property rights of any third party.

Limitation of Liability

 Boyd Pharma will not be liable to you, in contract, tort (including negligence or gross negligence) or otherwise, for any loss or damage whatsoever, including, without limitation, damages for harm to business, loss of information, programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill, or for direct, indirect, special, incidental, consequential, punitive or exemplary damages, however caused or arising (even if Boyd Pharma has been notified of the possibility of such damage or loss or if such damage or loss was foreseeable).

Indemnification

 You agree to indemnify and hold Boyd Pharma harmless from any and all losses, damages, liability and costs (including reasonable legal fees) resulting directly or indirectly from any claim or demand against Boyd Pharma arising out of or related to your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or organization in connection with the Website.

Investigation

Boyd Pharmawill investigate any suspected fraudulent, abusive or illegal activity in connection with the Website, and may, in accordance with the Policy, contact, involve and co-operate with law enforcement authorities in taking action against users of the Website who are involved in such activities.

 Entire Agreement

 These Terms of Use (as may be amended from time to time) constitute the entire agreement between you and Boyd Pharma regarding the Website and use of the Website, and supersede all other communications, representations or agreements, either oral or written, between you and Boyd Pharma with respect to these matters.

 Waiver and Severability of Terms

 The failure of Boyd Pharma to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision or portion of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, you nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision and that the other provisions of these Terms of Use shall remain in full force and effect.  Boyd Pharma’s failure to insist upon or enforce strict performance of any provision of the Terms of Use or any right shall not be interpreted or taken as a waiver of any such provision or right.

 Governing Law

The Website is controlled, operated and administered byBoyd Pharmafrom within the Province of Ontario, Canada.  These Terms of Use will be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction) and you agree to submit to the exclusive jurisdiction of the courts of Ontario in connection with any matter arising out of or relating to the Website or your use of the Website.