Terms of Use

 

True Angle Medical Technologies Inc.

Terms of Use

Last updated: August 23, 2020.

Introduction

True Angle Medical Technologies Inc. (“True Angle” or “us”, “we, “our”) has implemented these Terms of Use to govern your use of this website, https://www.trueanglemedical.com/, including all pages within this website (collectively, the “Website”), and any related software, applications, webpages, and websites, including without limitation any message boards, and any information and content relating to the foregoing, including without limitation, HTML, software, code, data, text, documents, images, photographs, videos, icons, and designs (collectively, the “Content“).

You acknowledge and agree that, by accessing or using the Website or the Content, you are indicating that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you have no right to access or use the Website or the Content.

The Website and the Content are not intended for use by minors (being individuals who are not of legal age in the jurisdiction in which they reside). If you are a minor, you should only use the Website and the Content with the permission and under the supervision of a parent or guardian.

Privacy Policies

Our privacy policies (which vary by jurisdiction) are available at https://www.trueanglemedical.com/privacy-policy/. Your access to and/or use of the Website and the Content is subject to the privacy policy applicable to you in your jurisdiction. You acknowledge that you have read such privacy policy, and you hereby consent to the collection, use, and disclosure of your personal information (which may be referred to as your “personal data”, depending on the policy) for the purposes therein identified. You also grant us permission to combine your personal information, if any, with that of others in a way that does not identify you or any individual personally for any business reason in our sole discretion, including without limitation to improve the Website or the Content.

Information and Account

If you opt to use the Website or any of the Content, you agree to provide accurate, current and complete personal information about yourself as required, and to promptly correct, update, or complete this personal information as required. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain and update your personal information including but not limited to your failure to receive any information with respect to the Website or any of the Content.

You agree and authorize us to take any necessary steps in order to verify the personal information you provide. If there are reasonable grounds to suspect any or all of the information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website and the Content.

You agree that we may rely on the information you provide to send you information and notices regarding the Website and/or the Content. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the unsubscribe link contained in such emails.

If you create an account on the Website:

  • you are solely responsible for your account, including without limitation the confidentiality and security of your account and all passwords related to your account, and any and all activities that occur under your account, including all activities of any persons who gain access to your account with or without your permission; and
  • you agree to immediately notify us of any unauthorized use of your account or any other breach of security with respect to your account, and you agree to provide assistance to us, as requested, to remedy any breach of security related to your account.

Access

Certain areas of the Website or the Content (including without limitation any areas reserved for those who have created an account on the Website) may be restricted from access by you at any time, for any reason, without notice to you, in our sole and absolute discretion.

Conduct

You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Website and the Content.

You agree not to do any of the following:

(a)            use the Website or the Content for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;

(b)            use the Website or the Content in a way that could damage the Website, the Content, our goods/services, or our business;

(c)            use the Website or the Content in a way that would adversely impact use of the Website or the Content by other users;

(d)            message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, messages, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy; (ii) violates or constitutes any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, abusive, or threatening, or promotes violence or actions that are threatening to any living thing; (vi) promotes illegal or harmful activities or substances; or (vii) is unrelated to the topic of the page or post;

(e)            collect or store personal information about other individuals;

(f)             upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

(g)            reverse engineer, or attempt to reverse engineer or disassemble any Content;

(h)            use the Website or the Content for any commercial, advertising, or marketing purpose or in any manner not permitted by these Terms of Use;

(i)              violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;

(j)              violate any applicable law or regulation or any person’s legal rights; or

(k)            encourage or enable any other individual or other person to do any of the foregoing.

You are responsible for the contents of your posts or other content on the Website or the Content.

We reserve the right to delete or remove any posts or other content that may breach these Terms of Use, and to remove or block any user who engages in any breach of applicable law or these Terms of Use.

Intellectual Property

The Website, the Content, and any portion thereof, are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. Such laws may be violated by unauthorized access and/or use of the Website or the Content.  Users of the Website or the Content are solely responsible for ensuring that they comply with any applicable intellectual property laws, including without limitation copyright, trademark, and patent laws. We do not grant any license or other authorization to you under or to any of our trademarks or other copyrightable material or other intellectual property, unless we otherwise expressly agree in writing. Except as expressly provided in these Terms of Use, the Website and the Content may not be copied, reproduced, distributed, posted, downloaded, displayed, presented, transmitted, republished, modified, or otherwise exploited or used in any form or by any means without our prior express written consent

For information about obtaining consent to use any Content, please contact us at info@trueanglemedical.com.

Your posts and content must be your own and must not infringe on or violate any third party’s rights. By sharing information, content, or other subject matter on the Website or the Content, including without limitation by posting text, images, or videos to the Website, you agree that you are the author of that information, content, or other subject matter, or that you have the express right to post it to the Website, and you agree to waive and release all moral rights that may exist in that information, content, or other subject matter, and you grant us the non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, host, reproduce, adapt, publish, translate and distribute it in any and all media.

Names, words, logos, designs, graphics, titles, phrases, trademarks and the like displayed on the Website or in the Content may constitute our registered or unregistered trademarks, or that of third parties that have granted us a license to use such marks.

For information about obtaining consent to use such trademarks, contact us at info@trueanglemedical.com.

Third Party Content and Websites

The Website and the Content may contain links to third party websites, including without limitation links to news sources or resources that provide information relating to dysphagia. These links are provided solely as a convenience to you and not as an endorsement by us. There also may be circumstances in which access to the Website or the Content may be provided by a hypertext link located at a third party website.

We are not responsible for and do not endorse, authorize, approve, certify, maintain, or control the content of any third party website, or any third party products or services that may be referred to in, or linked to, the Website or the Content. We do not make any representation or warranty of any kind, express or implied, regarding any third party website, products, or services, including, without limitation: (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information or content on such third party websites; (ii) any representation, warranty or condition regarding the merchantability and fitness for a particular purpose of any content, software, goods, or services located at or made available through such third party websites; or (iii) any representation or warranty that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.

We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked on our Website.

Finally, we are not responsible for the privacy practices of such third party websites. We encourage you to review the privacy policies and terms of use of any linked third party websites before navigating any such website, disclosing any personal information online or making purchases of goods or services from those websites.

Pricing and Payment

Prices indicated on the Website are subject to change at any time, without notice to you.

For products and services offered by us through the Website, including Content, updates and new releases (collectively, the “Services”) on a payment basis, the following terms apply, unless we notify you otherwise in writing. These Terms of Use also incorporate by reference and include payment terms provided to you on a separate website (if any) for the Services:

  1. Payments will be billed to you in US dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the payment terms on the Website for the Services.
  2. You must pay with one of the following:
    1. A valid credit card acceptable to us;
    2. A valid debit card acceptable to us;
    3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
    4. By another payment option, we provide to you in writing.
  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when that information changes, we may suspend or terminate your account and refuse any use of the Services by you.
  4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  5. We will automatically renew your Services for the same term as the expired term and at the then-current rates, unless the Services subscription is cancelled or terminated under these Terms of Use.

Additional cancellation or renewal terms may be provided to you on the Website for the Services.

When you make a purchase on the Website, you are responsible for providing us with valid credit card information to make the requisite payment. When you provide credit card information to us, you represent and warrant that you are permitted and authorized to use that credit card. Please note that the payment information that you submit, including your name and contact information, may be used and shared with our payment processing services provider(s) and/or otherwise used in accordance with our applicable Privacy Policy.

When you make a payment, you authorize us (and/or our designated payment processor(s)) to charge the full purchase amount to the credit card that you designate for the transaction. You also authorize us to collect and store information regarding that credit card and other related transaction information.

We may obtain a pre-approval from the issuer of the card. If you cancel a transaction before completion, this pre-approval may result in those funds not being immediately available to you.

We may contact you via email in connection with a problem with your payment. If we are unable to successfully charge your credit card or account, we reserve the right to restrict, or suspend access to, or terminate your account. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.

We may reject or cancel any transaction for any reason, including without limitation if we believe the transaction violates these Terms of Use, or if we believe doing so may prevent financial loss. If we do so after payment has been processed, we will issue a refund to you in the amount of the relevant purchase price.

In order to prevent financial loss to you or to us or any violation of applicable law, we may contact law enforcement, the issuer of your credit card, and/or other affected third parties (including other users of the Website), and share details of any payments of which you are associated.

If you are not satisfied with anything you have purchased on our Website, you may contact us via email at info@trueanglemedical.com within seven (7) days of purchase for a full refund. Otherwise, unless we agree otherwise in writing, all fees and charges are non-refundable.

Feedback

We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about our Website and Content (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the Website, the Content, and/or advertising and promotional materials relating thereto. You hereby grant to us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create material enhancements or improvements from, distribute and display the Feedback in any manner and for any purpose.

Disclaimer

Your use of the Website is at your own risk. The Website and the Content are provided “as is”, without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, we disclaim all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.

We do not warrant or make any other representations regarding the use, accuracy, currency, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Content, the Website, the results from use of the Website or the Content, or otherwise regarding the Content or the information, content, or other subject matter on any websites linked to the Website.

Additionally, unless otherwise expressly stated, nothing contained on the Website or the Content shall be construed as providing advice to you.

Limitation of Liability

Under no circumstances shall we (including our affiliates, officers, directors, employees, contractors, agents, and successors) be liable to you or to any third party for any indirect, general, special, consequential, incidental, compensatory (whether expectation or consequential), liquidated, pecuniary, punitive, aggravated, or nominal damages or losses, or any other damages or losses of any kind whatsoever, including without limitation damages relating to negligence; telecommunication failures; Website maintenance; internet delays or limitations; errors, mistakes, or omissions or inaccuracies in the Content; loss; corruption; security or theft of data; viruses; spyware; lost revenue or profits; lost or damaged data; or economic loss; regardless of the cause of action, arising directly or indirectly from the Website or the Content, including without limitation the access or use of, or the inability to access or use, any or all of the Website or the Content. Notwithstanding anything to the contrary contained herein, our liability to you for any direct damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of action) will at all times be limited to one hundred Canadian dollars ($100.00). The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

By accessing and/or using the Website or the Content, you agree to indemnify and defend us and our affiliates, and their respective officers, directors, employees, contractors, agents, and successors from and against any liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees and disbursements) that may arise from your use of the Website or the Content, or those that are in any way related to your breach of any of the provisions of these Terms of Use.

Dispute Resolution

You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use, or the Website or the Content, by negotiations; however, if a dispute is not resolved by negotiation within twenty (20) days of commencing negotiations, the dispute shall be submitted to arbitration by a single arbitrator who is acceptable to both you and us and whose expenses will be shared equally by you and us.  If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator.  The determination of the arbitrator will be conclusive, final and binding on you and us.  The Arbitration Act (Alberta) or successor legislation will apply to the arbitration. Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.

Termination

We may terminate these Terms of Use, including any licenses contained or granted herein, at any time. Upon termination, you must cease to access and/or use the Website and the Content. This includes, without limitation, the obligation to destroy all content, and all related documentation and all copies thereof, which you obtained from the Website and the Content, whether under these Terms of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that we may direct in respect of the termination.

Amendment

We may amend these Terms of Use at any time by posting new Terms of Use on the Website. The amended Terms of Use shall automatically be effective when posted. We will post notice that the Terms of Use have been amended on the landing webpage of the Website for thirty (30) days.  You agree to review such Terms of Use on a regular basis.

Severability

If any provision of these Terms of Use is held to be unenforceable, in whole or in part, by an applicable court of law, such holding will not affect the validity of the other provisions of the Terms of Use.

No Waiver

At no time do we waive our rights to enforce any terms or conditions as set out in this Terms of Use, even if any provision of the Terms of Use have been previously breached or unenforced.

Governing Law

These Terms of Use and the access to and use of the Website and the Content shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta, Canada.

Contact Us

For more information about these Terms of Use or any information or questions regarding the Website or the Content, please contact us at info@trueanglemedical.com.