Modifications to this Agreement
To become a registered member of the Website ("Registered Member" or "Member") and access the Member features of the Website, including "My Health Page", "My Calendar", and "My Test Tracker" (the "Member Features"), you must complete the online registration process (click here to become a Registered Member). The Member Features are password-protected and require registration in order to access. When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole discretion, to disable your password and prevent you from using the Website and/or Member Features.
Children under the age of 13 are prohibited from registering as a Member of the Website. Children between the ages of 13 and 16 must first obtain the consent of their parent legal guardian before being allowed to register as a Member of the Website.
Organizations, companies, and/or businesses are prohibited from registering as Members of the Website.
Member Password and Login Identity
You are responsible for maintaining the confidentiality of your Member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. In the event that your login and password is used without your consent, or you discover any other breach of security, you agree to notify Genzyme immediately at 1-877-220-8918.
This Website Does Not Provide Medical Advice
THIS WEBSITE IS PROVIDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING ANY MATTERS ADDRESSED. WITH THE EXCEPTION OF ALL CONTENT, MATERIALS AND/OR INFORMATION PROVIDED SPECIFICALLY BY GENZYME, THE WEBSITE AND ALL CONTENT, MATERIALS AND/OR INFORMATION ON THE WEBSITE SHOULD NOT BE USED OR CONSTRUED AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF, ANY PRODUCT OR SERVICE.
ALL MATERIAL PROVIDED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY AND ALL TEXT, TREATMENTS, OUTCOMES, CHARTS, PATIENT PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, AND MESSAGES, IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC PROFESSIONAL OR OTHER ADVISE, NOR IS IT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION PROVIDED BY GENZYME, OR BY ANY PERSON(S) APPEARING ON THE WEBSITE AT THE INVITATION OF GENZYME, IS SOLELY AT YOUR OWN RISK. YOU SHOULD APPLY YOUR OWN JUDGMENT IN MAKING USE OF ANY SERVICES OR CONTENT DISCUSSED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE USE OF ANY INFORMATION CONTAINED THEREIN AS THE BASIS FOR ANY CONCLUSIONS.
User Conduct (Members and Visitors)
You hereby agree that you shall not (nor permit anyone under your password to):
- Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Website; Genzyme’s computer systems, servers or networks; or the passwords of other Members;
- Use any robot, spider, scraper, or other automated means to access the Website or content or services provided on the Website for any purposes; or
- Attempt to make the Website unavailable through denial-of-service attacks or similar means.
Non-Commercial Use by Members
The "My Gaucher Connection Area" of the Website ("My Gaucher") and the content and information contained in My Gaucher is for the personal use of individual Members only and may not be used in connection with any commercial endeavors.
Confidentiality and Electronic Transmissions
Disclaimer and Limitation of Liability
THE WEBSITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GENZYME MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; OR (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
GENZYME WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE (INCLUDING THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY GENZYME, ITS EMPLOYEES OR REPRESENTATIVES, AND NOTWITHSTANDING THAT GENZYME MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE THAT GENZYME HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Indemnification by Users
Intellectual Property Rights
Genzyme, and applicable third parties, hold all right, title, and interest in and to any and all content provided by Genzyme for the Website, including without limitation all such information in text, graphical, video and audio formats, images, icons, designs and software (the “Content”). You hereby acknowledge that the Content is protected by copyright, trademark, and other applicable intellectual property laws. Copyright 2008 Genzyme Canada Inc. All rights reserved.
Genzyme®and Cerezyme® are and shall remain the trade-marks and trade names and exclusive property of Genzyme, and any use of such identifying marks without our prior written consent is strictly prohibited. Other trade-marks that may appear on the Website are the property of their respective owners.
Links to Other Websites
The Website may contain links to other websites that are not under the control of Genzyme. The inclusion of any link does not imply endorsement by Genzyme of such site and Genzyme is not responsible for the content of such linked sites.
You agree that Genzyme may, with or without cause, immediately terminate your Gaucher Connection membership and access to the My Community Area without prior notice. Without limiting the foregoing, the following may lead to a termination by Genzyme of a Member's membership and use of the Website: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated membership cancellation); and (d) unexpected technical issues or problems. Genzyme has no obligation to maintain, store, or transfer to you information or data that you have uploaded to the Website. The Disclaimer and Limitation of Liability, and Indemnity provisions in this Agreement shall survive any termination of this Agreement.
If you register as a Member, you hereby agree that Genzyme may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Website).
Governing Law and Jurisdiction
With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.
This Agreement constitutes the entire agreement between Genzyme and you pertaining to your use of the Website and supersedes any prior agreements between you and Genzyme relating thereto.