IXIARO JAPANESE ENCEPHALITIS VALNEVA
Terms of Use
Last Updated: February 23,2018
Please read the following terms and conditions (the “Terms of Use”) carefully before using the Ixiaro.ca website and any other web pages or other online services that are owned by Valneva Canada Inc. or one of its affiliated corporations (“Valneva” or “us”) and which link to or refer to these Terms of Use (collectively referred to as the “Site“).
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE OR POST OR SUBMIT ANY MATERIALS ON IT.
Your use of the Site shall be deemed to constitute your agreement to be legally bound by Terms of Use.
“Content” includes, without limitation, messages, information, data, text, software or images, or other content, articles, photographs, images, illustrations, audio clips, video clips and other materials or content available or posted on the Site (collectively, the “Content”).
1. Site Intended Audience
The Site is intended for and directed to residents of the Canada. The Site is not intended for anyone under the age of 18.
2. Disclaimers
THE INFORMATION, INCLUDING ANY ADVICE AND RECOMMENDATIONS ON THE WEBSITE, IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT AND INFORMATION ON THE WEBSITE.
Moreover, Valneva does not guarantee nor warrant continuous, uninterrupted or secure access to the Site or to the tools or services provided through the Site. You should be aware the operation of the Site may be interrupted with or without prior warning or notice.
Valneva makes no representations whatsoever about any other website that you may access through the Site, such as where the Site provides a link to another website. A link to a website does not mean that Valneva endorses or accepts any responsibility for the content, practices, or use of such other website.
3. Intellectual Property and Permissible Use
The Site, including without limitation all Content, is protected by Canadian and worldwide copyrights laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trademark and/or copyright laws and could result in legal action. You agree to comply with all applicable copyright laws.
You understand that the Site and the Content are available for your personal, non-commercial use only. You agree that the Site and the Content are the property of Valneva; including all intellectual property rights in them and that you have no right to use them other than as set out in these Terms of Use. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Site for any business purposes or other purposes not authorized under these Terms of Use. We reserve the right to refuse or terminate access to the Site at our discretion. The Site is provided free of charge and we have no obligation to provide any maintenance or support services in relation to them and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Site.
You may not copy, change or reuse the Site, Content, any updates to them or any part of them including the software incorporated in them, except that you may make use of the Content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from the Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Site in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Valneva.
In addition, you agree not to: (i) use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other use of the Site, including any user’s ability to engage in real-time activities through the Site; (ii) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to scrape, data mine, monitor or copy any of the material on the Site; (iii) use any manual process to monitor or copy any of the material on the Site, or to engage in any other unauthorized purpose without the express prior written consent of Valneva; (iv) otherwise use any device, software or routine that interferes with the proper working of the Site; (v) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site; (vi) take any action that violates or threatens our system or network security; (vi) engage in any other conduct that violates any laws; restricts or inhibits any other person from using or enjoying the Site; or otherwise interferes with the proper working of the Site or could harm us or any third party.
We reserve all rights not expressly granted to you.
Notwithstanding rights held by any third party in incorporated elements or software, the Site is an original compilation of independent works and its “look and feel”, including the Content, data, source code or other materials is protected by copyright and is owned or controlled by Valneva and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all copyright notices, information and restrictions contained in any Content.
Any product, process, or technology described in the Site may be subject to other intellectual property rights reserved by Valneva or any third party as the case may be. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Valneva or any third party. Except as provided above, nothing contained herein shall be construed as conferring any license or right under any Valneva or third-party copyright.
4. Trademark Notices
The trademarks and brand names displayed on the Site are the property of Valneva, its affiliates or third-party owners. You may not use or display any such trademarks or service marks without our prior written consent. You may not use or display any other trademarks or service marks displayed on the Site without the permission of their owners.
5. Electronic Communications
The information communicated on the Site constitutes an electronic communication. When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, consistent with applicable law, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
6. Additional Terms
Additional terms may govern certain features or content on the Site, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity on the Site governed by additional terms, such as a prize draw, competition, contest or sweepstakes with Official Rules, you agree that you will be subject to those additional terms in addition to these Terms of Use.
7. Disclaimer of Warranties With Respect to Use of Site
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALNEVA OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Applicable Law and Jurisdiction; Arbitration; Class Action Waiver
The information on the Site is intended only for use by residents of Canada. Other countries may have laws, regulatory requirements, or medical practices that differ from those in Canada.
With respect to any and all disputes arising out of or relating to the Site or these Terms of Use (including without limitation the Privacy Policy), Valneva and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Valneva do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR VALNEVA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Valneva and you agree that all disputes arising under these Terms of Use that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Valneva may seek any interim or preliminary relief from a court of competent jurisdiction in Ontario necessary to protect its rights or property pending the completion of arbitration.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of the Province of Ontario, and you agree to submit to the personal and exclusive jurisdiction of such courts. Use of the Site constitutes consent to the application of those laws, as well as of the following terms and conditions.
9. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL VALNEVA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT VALNEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SERVICES.
10. Modification or Suspension of the Site
We will make reasonable efforts to make the Site available, but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Site or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
11. Termination
We may at any time terminate your use of or access to the Site and may delete any or all of your User Content without prior notice if we have a good reason to do so which includes any breach by you of these Terms of Use and the Community Guidelines. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Site in these circumstances.
12. Links to Third Party Sites
The Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Site. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Valneva. Your use of such third-party websites is subject to the terms of use and the privacy policies of such websites.
13. Indemnification
You agree to indemnify and hold harmless Valneva and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of the Site including without limitation transmission or placement of information or material by you on the Site; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
14. Modifications to these Terms
We may make changes to the Terms of Use from time to time in our sole discretion, by updating these Terms of Use on the Site, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Site following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Site, you should check to see if a new version of the Agreement has been posted.
15. Contact Information
If you have any questions or concerns with respect to these Terms of Use or the Site you may contact us as identified in the Privacy Policy or the “Contact Us” section of the Site.
16. Severability
Should any part or provision of these Terms of Use be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
17. Survival
All Sections shall survive the termination of the right to use the Site.
