Terms and Conditions

The Site and the information provided on the Site are provided to you by PALADIN LABS Inc. subject to your agreement to be bound by these terms and conditions (“Terms and Conditions”). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE. Any special terms and conditions for use of certain areas of the Site or certain information provided on the Site and included elsewhere on the Site are incorporated into, and become part of, these Terms and Conditions. PALADIN Labs Inc. may update these Terms and Conditions by amending or modifying the Terms and Conditions or by imposing new terms and/or conditions at any time and your continued use of the Site after such change indicates your acceptance of these Terms and Conditions as updated.

Use of Site:

You may use the Site and the information provided on the Site solely for your own personal, non-commercial use and benefit and not for the benefit of any other person or entity. The Site and the information provided on the Site are protected by Canadian copyright laws, international copyright conventions and other copyright laws. Title to the Site and the information provided on the Site remains with PALADIN Labs Inc., its affiliates and related companies and their licensors. Except as expressly permitted in these Terms and Conditions, any reproduction, modification, publication, transmission, transfer, distribution, performance or display of the information provided on the Site or the Site, in whole or in part, without the express written consent of PALADIN Labs Inc., is prohibited.

DISCLAIMER:

THE SITE AND THE INFORMATION PROVIDED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. THE INFORMATION PROVIDED ON THE SITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED OR IMPLIED AS A SUBSTITUTE FOR, OR AS AN ALTERNATIVE TO, SEEKING MEDICAL ADVICE, RECOMMENDATIONS, DIAGNOSIS OR TREATMENT. WHILE REASONABLE EFFORTS HAVE BEEN MADE TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, PALADIN Labs Inc., ITS AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THE QUALITY, RELIABILITY, ACCURACY, CURRENCY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF THE SITE OR THE INFORMATION PROVIDED ON THE SITE. PALADIN Labs Inc. DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SITE WILL OPERATE UNINTERRUPTED OR THAT THE SITE, OR THE INFORMATION PROVIDED ON THE SITE, IS ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, PALADIN Labs Inc., ITS AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND THE INFORMATION PROVIDED ON THE SITE. ACCESS TO OR USE OF THE SITE AND THE INFORMATION PROVIDED ON THE SITE, IS AT YOUR OWN RISK AND YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE INFORMATION PROVIDED ON THE SITE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY:

IN NO EVENT WILL PALADIN Labs Inc., ITS AFFILIATES, RELATED COMPANIES OR THEIR LICENSORS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF INFORMATION, PROGRAMS OR DATA, LOSS OF USE, LOSS OF PROPERTY, PERSONAL INJURY OR WRONGFUL DEATH RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE INFORMATION PROVIDED ON THE SITE, WHETHER OR NOT PALADIN Labs Inc., ITS AFFILIATES, RELATED COMPANIES OR THEIR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Viruses:

PALADIN Labs Inc. cannot and does not guarantee or warrant that the Site or the information provided on the Site is compatible with your systems or that the Site or the information provided on the Site will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems as a result of your use of the Site or the information provided on the Site.

Trademarks:

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site or in the information provided on the Site may constitute trademarks of PALADIN Labs Inc., its affiliates and related companies, their licensors or other third parties including Allergy Therapeutics Inc.. Nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademarks or other intellectual property rights of PALADIN Labs Inc., its affiliates and related companies or their licensors or any other third party including Allergy Therapeutics Inc. Any unauthorized use of the trademarks or trade names of PALADIN Labs Inc., its affiliates, related companies and their licensors is strictly prohibited.

POLLINEX®-R is a registered trademark of Allergy Therapeutics (UK) Ltd.

Information on Site:

The Site provides information about PALADIN Labs Inc. as well as general health information about certain conditions which may be of interest to you. The general health information is provided to you for educational and informational purposes only and is not intended to provide medical advice, recommendations, diagnosis or treatment or to be used as an alternative to consulting with a physician or other qualified health care professional. You should always seek the advice of a physician or other qualified health care professional with any questions you may have regarding a medical condition and you should never disregard professional medical advice or delay seeking professional medical advice because of something you have read on this Site.

Access to certain areas of the Site, including the information accessible from these areas, is restricted. In registering for these restricted areas, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the registration application form; (b) to maintain and update such information to keep it true, accurate, current and complete; and (c) comply with all additional terms and conditions for use of the restricted areas which may be contained on the restricted areas. If you provide any information that is untrue, inaccurate, not current or incomplete, PALADIN Labs Inc. may suspend or terminate your use of the restricted areas and/or the Site. After verification of the information submitted in the registration application and upon approval of the application by PALADIN Labs Inc., PALADIN Labs Inc. will provide you with a login and password to access the restricted areas of the Site. You are fully responsible for maintaining the confidentiality of, and you are fully responsible for all activities that occur under, your login and password. You agree to notify us immediately of any unauthorized use of your login or password.

Conformance with Law:

This Site is intended for use by residents in Canada. PALADIN Labs Inc. makes no representation that the information provided on the Site is appropriate in other jurisdictions outside of Canada. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms and Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing the Site or the information provided on the Site illegal, are not authorized to use the Site or the information provided on the Site. You agree to use the Site and the information provided on the Site for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations.

Submitted Information:

Subject to the Privacy Policy, should you provide electronically or through your access to or usage of the Site any information including feedback data, such as questions, comments, suggestions or the like, such information shall be deemed to be non-confidential and PALADIN Labs Inc. shall have no obligation of any kind with respect to such information and shall be free to use, distribute, reproduce, publish, modify, edit, translate, transmit and adapt such information and to disclose such information to others without limitation. You agree that PALADIN Labs Inc. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information. You warrant that any information you provide electronically or through your access to or usage of the Site including any ideas, concepts, know-how or techniques contained in such information does not infringe the intellectual property rights of any third party.

Prohibitions:

You agree that when using the Site you will not: (i) disrupt, modify or interfere with the Site or its associated software, hardware and servers or tamper with the information provided on the Site in any way; (ii) disrupt, interfere with or impede other users’ use of the Site; (iii) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (iv) post information or material for advertising or commercial solicitation; (v) post or transmit information or material which is defamatory, libelous, disparaging, threatening, harassing, indecent, obscene or pornographic; or (vi) post or transmit information or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by you that PALADIN Labs Inc. determines, in its sole discretion, violates any of the foregoing prohibitions, will not be permitted and will result in the immediate termination of your right to use the Site.

Linked Sites:

The Site contains hypertext links to other web sites of third parties which are provided to you as a convenience. Such hypertext links should not be construed as PALADIN Labs Inc. express or implied endorsement of any linked web site or an affiliation with their owners or operators. PALADIN Labs Inc. cannot and does not warrant the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for a particular purpose of any information, data, or services available on or through these web sites, and PALADIN Labs Inc. disclaims any opinions expressed on such web sites.

Indemnification:

You agree that your use of the Site or the information provided on the Site shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against PALADIN Labs Inc., its affiliates, related companies and/or their licensors. You agree, at your own expense, to indemnify and hold PALADIN Labs Inc., its affiliates and related companies and their directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against PALADIN Labs Inc., its affiliates and related companies and their directors, officers, employees, representatives, agents and licensors by a third party as a result of your breach of these Terms and Conditions.

Restriction and Termination:

PALADIN Labs Inc. reserves the right to impose limits or restrictions on access to certain areas of the Site, including information available on such areas of the Site, or to suspend or terminate your right to use the Site and/or the information provided on the Site immediately, without notice or liability, in its sole discretion. PALADIN Labs Inc. reserves the right to update, modify, change or replace the information provided on this Site at any time in its sole discretion.

Severability:

If any provision of this Agreement is held by a court of competent jurisdiction in any jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall remain in force and effect.

No Waiver:

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law:

These Terms and Conditions are governed by the laws of the Province of Ontario and the laws of Canada applicable therein and these laws apply to your use of the Site and the information provided on the Site, notwithstanding your domicile, residency or physical location.