Terms and conditions

TERMS OF USE

PLEASE READ AND REVIEW CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING AND USING WWW.OPSENSMEDICAL.COM (THE “SITE”).

The material on this Site is provided to educate the public about Opsens Medical (Opsens Medical, we, our or us) and our products and services. The information provided on the Site is not intended nor recommended as a substitute for professional medical advice, is for general information only, and is designed to support, not replace, the relationship that exists between you and your physician. Opsens Medical and our officers, directors, employees, agents affiliates, related companies, licensors, contractors, and suppliers do not provide medical services or advice as part of this Site and nothing contained on this Site is intended to be used for medical diagnosis or treatment. Always talk with your doctor if you have questions about your diagnosis and treatment.

Acceptance of the Terms of Use

Carefully review these terms of use. By accessing and using the Site, you agree to the following terms and conditions and agree to be bound by them. If you do not agree or cannot comply with these Terms of Use, please do not access or otherwise use this Site. You acknowledge (i) that you have read and understood these terms and conditions and (ii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these terms and conditions, you may not access, use, or download materials from this Site.

Change in Terms of Use

Opsens Medical reserves the right to update or modify these terms and conditions at any time without prior notice. We will post modified versions of the terms and condition on our Site and note the last revised date at the top of these terms and conditions. You will be notified of changes to these terms and conditions via a notation next to the link to these terms and from the main page of this Site stating that the Terms are new/modified and the date on which they were updated. We encourage you to review these terms and conditions every time you use this Site. Your use of this Site constitutes your agreement to follow and be bound by the most recent version of the terms and conditions.

Modifications to the Site

Opsens Medical reserves the right to modify or discontinue this Site (or any portion of this Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update this Site. Opsens Medical shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue this Site (or any portion of this Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these terms and conditions.

Limited Rights of Use

xcept as expressly prohibited on this Site, you are permitted to view, copy, print, and distribute documents contained in this Site, such as frequently asked questions, white papers, technical documentation, data sheets, and so on, published by Opsens Medical on this Site solely for non-commercial use within your organization or in a manner that supports Opsens products. No other use of the information is authorized. Reproductions, transfers, copies, distributions, publication of part or all of the content of the Site, in any form, or by any means, is prohibited without prior express written consent of Opsens Medical. Opsens Medical is the owner, unless otherwise indicated, of all content, copyrights and other intellectual property rights of the Site. This limited license will automatically terminate if you fail to comply with any stipulations of the Terms of Use.

Isclaimer of Liability

Opsens Medical has used reasonable efforts to make this Site as timely and accurate as possible, but because errors may occur, this Site is provided as is and as available without any representation or warranty, express, implied or statutory as to the operation of the Site or the information, content or materials included on the Site.

To the full extent permissible by applicable law, Opsens Medical specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, Opsens Medical does not represent or warrant that the information on the Site is accurate, complete or current or that the Site will operate without interruption or error or that the Site will operate in a completely secure manner. The contents of this Site are provided “as is” and “as available”.

Opsens Medical will not be liable for any claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising from the Site, its services or these terms and conditions, including, but not limited to compensatory, direct, indirect, incidental, special, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind or character, even if Opsens Medical has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Site. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.

The information provided on the Site is not tailored to your specific factual circumstances. You are responsible for verifying that the general information provided is appropriate for your specific factual situation before relying on it.

Opsens Medical is not responsible for any errors or omissions in or for the results obtained from the use of this information.

Use of the Site and the materials available on the Site is at your sole risk. Some portions of the Site are hosted by third-party service providers. Opsens Medical cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate data provided by these service providers. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the Site is free of viruses or other harmful components.

Intellectual Property Notice

Opsens Medical and Opsens is a trademark of Opsens Inc. This Site contains corporate logos, brands and other identifications symbols that are directly or indirectly proprietary trademarks, copyright, or covered by other intellectual property rights or licenses held by Opsens Inc. Opsens Medical or its subsidiary. You may not publicly use any trademarks owned by Opsens Inc., Opsens Medical or its subsidiary without our express written permission. The entire content of the Site is protected under copyright laws.

Forward-Looking Statements

Certain portions of this Site may include forward-looking statements. These statements, at the time they were made, were based on then-current expectations of future events. The forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those contemplated due to risks and uncertainties, including market conditions and other factors beyond Opsens Medical’s control, and the risk factors and other cautionary statements described in Opsens Medical’s or Opsens Inc.’s filings with relevant securities and exchange commissions. Opsens Medical undertakes no obligation to update any forward-looking statements.

General

In the event that any provision of these terms and conditions shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Opsens Medical’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

These terms and conditions shall be governed by and construed in accordance with the laws of the province of Quebec without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Canada, the laws, rules and regulations of Canada shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms and conditions. You hereby consent to personal jurisdiction by the provincial and federal courts located in Quebec City, Canada.

Opsens Medical or Opsens Inc. may assign your rights and duties under these terms and conditions without such assignment being considered a change to the terms and conditions and without notice to you. You may not assign these terms and conditions without the prior written consent of Opsens Inc., Opsens Medical, or any of its subsidiaries.

These terms and conditions, any operating rules, policies, or procedures that may be posted from time to time by Opsens Medical on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

Nothing contained in these terms and conditions shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Contact Information

If you have any questions regarding these terms and conditions of this Web site, please contact us at Opsens Medical
2014 Cyrille-Duquet, suite 125,
Quebec (Quebec)
Canada G1N 4N6
Tel: 1.418.682.9996
Fax: 1.418.682.9939