Agreement
The following terms and conditions of use ("Terms of Use" or "Agreement") constitute an agreement between you (the "User") and Genzyme Canada Inc. (hereinafter referred to as "Genzyme", "us" or "we"), the operator of the Gaucher Connection program at www.gaucherconnection.ca (the "Website"). By accessing, browsing, downloading from, posting content to, becoming a registered member of or otherwise using this Website, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use and to comply with all applicable laws and regulations as they may change from time to time. These Terms of Use govern your use of the Website, both as a casual visitor ("Visitor") and a Registered Member (as defined below). IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE. We suggest you print a copy of these Terms of Use for your records.
Modifications to this Agreement
We reserve the right, in our sole discretion, to change, add, or delete portions of these Terms of Use at any time without further notice or liability. If we do this, we will post the changes to these Terms of Use on the Website and will indicate at the top of this page the date these terms were last revised. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Website to determine if there have been any changes to these Terms of Use and to review such changes.
Registration
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 :
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/Businesses:
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.
Privacy
Genzyme collects, uses, and discloses your personal information in accordance with its Privacy Policy . By accepting these Terms of Use, and each time you use the Website, you consent to our collection, use and disclosure of your personal and non-personal information in accordance with our Privacy Policy and these Terms of Use.
Confidentiality and Electronic Transmissions
The transmission of data or information over the Internet or other forms of networks is not secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet or otherwise within the Website, such as transmissions involving the use of your password or the exchange of electronic messages of any kind (including those which may contain your personal information). While we will take commercially reasonable efforts to safeguard the privacy of the personal information we collect from you and treat such information in accordance with our Privacy Policy, in no event will the information you provide through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
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
You hereby agree to indemnify and hold harmless Genzyme, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any and all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from or in any way related to your use of the Website or breach of these Terms of Use.
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.
Trade-Marks
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.
Membership Termination
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.
International Users
Genzyme makes no claims that information on the Website is appropriate or may be downloaded outside of Canada. Personal information that is submitted to this Website will be collected, processed, stored, and disposed of in accordance with applicable Canadian federal and provincial privacy legislation as it is enacted and our Privacy Policy. If you are a non-Canadian user, you acknowledge and agree that Genzyme may collect, use and disclose your Personal Information to other entities outside your resident jurisdiction.
Member Notices
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
These Terms of Use, your use of the Website, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.
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.
General
If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. Genzyme may assign this Agreement to any affiliate or successor related company to Genzyme without notice thereof to you.
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.