This version effective May 1, 2002
This is an Agreement between you and Maple Leaf Pharmacy, and governs your use of the Maple Leaf Pharmacy web site at www.MapleLeafPharmacy.com and its content (collectively the “Main Site”) as well as your use of the Maple Leaf Pharmacy secure ordering site and its content (collectively the “Secure Site”), where both the Main Site and Secure Site are collectively referred to as the “Site”. Each time you use the Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
Please take some time to familiarize yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates. This Agreement in effect since May 1, 2002.
1. Reserved Rights and Grant of Limited License
(a) Copyright © 2001 Maple Leaf Pharmacy,. All rights reserved.
(b) The Site may be used only by persons who are at least the age of majority where they reside and can form legally binding contracts under applicable law. The Site may not be used by persons in jurisdictions where access to or use of the Site or any part of it may be illegal or prohibited. If you are allowed to access the Site, subject to the terms above, you are granted a limited license to use (display or print) short extracts of the data and information (collectively, the “Information”) for your own personal non-commercial use only, provided the Information is not modified and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information without Maple Leaf Pharmacy’s prior written consent, including, but not limited to, any reproduction, republication or re-dissemination in any manner or form is prohibited.
(c) Maple Leaf Pharmacy will take appropriate legal action to enforce its rights.
2. No Linking, Framing, Mirroring, Scraping, Data-Mining and Postings
(a) Links to the Site without Maple Leaf Pharmacy’s express written permission are strictly prohibited. To request permission to link to the Site, please contact Maple Leaf Pharmacy at info@mapleleafpharmacy.com. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.
(b) You may not use any collaborative browsing or display technologies in connection with your use of the Site or to post comments, communications, or any other data of any kind to or on the Site with the intention that such postings may be viewed by other users of the Site.
3. Termination of this Agreement
(a) If you breach any provision of this Agreement, you may no longer use the Site. Maple Leaf Pharmacy may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part of it, or your permission to use the Site, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the Site is terminated by you or Maple Leaf Pharmacy for any reason, then:
(i) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site; and
(ii) Maple Leaf Pharmacy may continue to use and disclose your personal information submitted on the Main Site in accordance with the Maple Leaf Pharmacy Privacy Policy as amended from time to time.
4. No Endorsement
(a) The Site may contain links to other sites which are provided only as references to help you identify and locate Internet resources that may be of interest. Such other sites were independently developed by parties other than Maple Leaf Pharmacy, and Maple Leaf Pharmacy does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, Maple Leaf Pharmacy is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
(b) A link to another site should not be construed to mean that Maple Leaf Pharmacy is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
(c) The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or that party’s product or service.
5. No Liability
(a) MAPLE LEAF PHARMACY DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY MAPLE LEAF PHARMACY TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) MAPLE LEAF PHARMACY IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER TORTUOUS ACTION.
(c) MAPLE LEAF PHARMACY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE.
6. Trademarks
(a) Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of Maple Leaf Pharmacy or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by Maple Leaf Pharmacy or other entities.
7. Confidentiality
(a) Maple Leaf Pharmacy takes all reasonable precautions and implements reasonable safety measures to protect information submitted through the Secure Site which you use to place an order.
(b) The Main Site (and the Internet generally) is not a secure medium and privacy, even at the Secure Site, cannot be ensured. Internet e-mail is vulnerable to interception and forging. Maple Leaf Pharmacy will not be responsible for any damages you or any third party may suffer as a result of the transmission of information that you make to Maple Leaf Pharmacy through the Main Site, or that you expressly or implicitly authorize Maple Leaf Pharmacy to make, or for any errors or any changes made to any transmitted information.
(c) All information submitted to Maple Leaf Pharmacy via the Main Site shall be deemed and remain the property of Maple Leaf Pharmacy and Maple Leaf Pharmacy shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to Maple Leaf Pharmacy through the Main Site or sent through e-mail. Maple Leaf Pharmacy shall be subject only to the obligations of confidentiality regarding any such information as contained in paragraph 7 “Privacy Policy” below or required by law.
(d) Any and all information submitted to Maple Leaf Pharmacy through its Secure Site when placing an order is governed by the terms stated in the Order Form and is kept confidential.
8. Privacy Policy
(a) On the Main Site, Maple Leaf Pharmacy collects, uses and discloses your personal information in accordance with the Maple Leaf Pharmacy Privacy Policy. By accepting this Agreement, and each time you use the Site, you consent to Maple Leaf Pharmacy’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.
(b) Information collected on the Secure Site is governed by the privacy terms stated in the Order Form.
9. Computer Viruses
(a) While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
10. Choice of Law
(a) The laws of the Province of Alberta and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding instituted under or related to this Agreement.
(b) You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.
11. General Terms
(a) This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Maple Leaf Pharmacy relating to your use of the Site, and supersedes all previous agreements, written, oral or otherwise, between you and Maple Leaf Pharmacy with respect to your use of the Site.
(b) If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
(c) The provisions of this Agreement will ensure to the benefit of and be binding upon each of Maple Leaf Pharmacy and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Maple Leaf Pharmacy which may be withheld in Maple Leaf Pharmacy’s sole discretion. Maple Leaf Pharmacy may assign this Agreement and its rights and obligations under this Agreement without your consent.
(d) No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
(e) All Sections of this Agreement survive indefinitely after the termination of this Agreement.