Terms and Conditions: Website

1. General

1.1 LGI Healthcare Solutions Inc. and its group of companies (“LGI Healthcare Solutions”, “we”, “us” or “our”) maintain the website https://www.lgisolutions.com (the “Website”) in order to provide information, education, and communication to its users (“you” or “your”) regarding its products and services.

1.2 Your access and use of the Website and the messages, information, data, text, graphics, images, photographs, illustrations, software, or other content available through the Website (collectively, the “Content”) is subject to these terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree to abide by the Terms and Conditions, please immediately refrain from accessing or using the Website and its Content and delete any Content downloaded from the Website.

1.3 If you have questions about any of these Terms and Conditions, please send a request for clarification to LGI Healthcare Solutions at legal@lgisolutions.com.

2. Disclaimers and Limitation of Liability

2.1 While LGI Healthcare Solutions strives to include up-to-date and accurate information on the Website, the Website and the Content are provided on an “AS IS” and as available basis, and any access to, use of, modification to, or reliance on the Website and the Content shall be at your sole risk. LGI Healthcare Solutions and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“LGI Healthcare Solutions Representatives”) in no way warrant the accuracy of such information, nor do LGI Healthcare Solutions or LGI Healthcare Solutions Representatives assume any liability or responsibility for any errors or omissions contained on the Website, as LGI Healthcare Solutions and LGI Healthcare Solutions Representatives cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to the Website or Content, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Website or Content will meet your (or your organization or company’s) requirements or will be compatible with your (or your organization or company’s) computer or related equipment, photograph equipment or software; (iii) that the Website or Content is accurate, valid, reliable, authentic, current, or complete; (iv) that the Website will continue to operate, operate without interruptions or be error-free; or (v) that your browsing of materials displayed on the Website will not infringe rights of third parties not owned by LGI Healthcare Solutions.

2.2 Your browsing of the Website is done at your own risk. Neither LGI Healthcare Solutions nor any other party (including LGI Healthcare Solutions Representatives) involved in creating, producing, or delivering the Website shall be liable for any loss or damage whatsoever (including direct, incidental, consequential, indirect, exemplary, special, or punitive damages) arising out of, or in connection to, your access to, or use of, or any inconvenience, delay of access or use to, the Website, the Content, the User modifications, any content of any linked website, or failure of such sites (including damages suffered as a result of omissions or inaccuracies in such website or content, or the transmission of confidential or sensitive information to or from such sites), even if LGI Healthcare Solutions or LGI Healthcare Solutions Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.

3. Changes to the Website

3.1 LGI Healthcare Solutions may at any time revise these Terms and Conditions. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions. If any term, condition, or any change to the Terms and Conditions is not acceptable to you, you must cease using the Website immediately. Your continued use of the Website after any such changes are posted will constitute acceptance of those changes. The Terms and Conditions apply exclusively to your use of the Website and do not alter the terms or conditions of any other agreement you may have with LGI Healthcare Solutions.

3.2 LGI Healthcare Solutions may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend, or discontinue any aspect of the Website. LGI Healthcare Solutions reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no duty to do so. LGI Healthcare Solutions and its service providers will also have the right to terminate your use of the Website as set out below under the heading “Termination of Use”.

4. Communications

4.1 Subject to any applicable law (and, in the case of personal information, the requirements of the Privacy Policy (as defined below at Section 9.1) and the terms of any other agreements entered into with LGI Healthcare Solutions, any communications sent by you via the Website or via email, whether solicited by LGI Healthcare Solutions or otherwise, are on a non-confidential basis, and LGI Healthcare Solutions shall be free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favor of LGI Healthcare Solutions as well as the right to receive any financial or other consideration in connection with such communication.

4.2 All information that you provide through the Website or in connection with any material submitted must be true, accurate, current, and complete, and where applicable, must be updated by you promptly upon the occurrence of any change in such information.

4.3 While the Website and Content provide information regarding the products and services offered by LGI Healthcare Solutions, no part of the Website or Content constitutes an offer for the sale of products or the provision of services. Any sale or provision of LGI Healthcare Solutions products and services shall be subject to a separate contractual agreement. No contractual terms or conditions communicated by you via the Website shall form part of the contract for the purchase or provision of products and services unless expressly incorporated therein.

5. Permitted Uses

5.1 You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to copy, download, display on your computer, print, and use the Content only for informational purposes and solely for (a) your own personal use; or (b) your organization’s or company’s internal use. Except as provided herein, no other use is permitted.

5.2 All rights not expressly granted by the Terms and Conditions are reserved to LGI Healthcare Solutions.

6. Restricted Uses

6.1 You may not:

(A) include any Content in or with any product or service that you or others affiliated or related to you have provided or posted online;

(B) copy any Content onto your own or any other website or application;

(C) use the Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the Website’s system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Website (including uploading, posting or otherwise transmitting on the Website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Website’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website or the Content in whole or in part);

(D) use the Website or the Content in any manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights), that is unlawful, that violates any right of LGI Healthcare Solutions, its partners, licensors, content providers, service providers or contractors, that is prohibited in the Terms and Conditions (including by accessing the Web Sites from any location where such access may be illegal or prohibited), that is unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, harassing, invasive of the privacy rights of others, that is otherwise objectionable or which does not respect the legal rights and interests of others;

(E) use the Website, the Content in any data matching or data mining, including the collection or use of information about other users or distributors (including their e-mail addresses) without their consent;

(F) post or submit any materials to the Website which would violate any of the restrictions set out in the Terms and Conditions;

(G) use the Website for commercial purposes or activities, except for offering to enter into commercial transactions with LGI Healthcare Solutions; and

(H) use the Website in any manner that may: (i) dilute or depreciate the name and reputation of LGI Healthcare Solutions, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; (ii) interfere with any other persons’ use and enjoyment of the Website or of the Internet generally; (iii) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Website or any other internet resource or computer system; (iv) conceal or misrepresent the author or origin of any messages or communication, or that impersonates any person, or that falsely states or otherwise misrepresents an affiliation with any other person, including any LGI Healthcare Solutions Representative; or

(v) disclose images of any person or private information or personal information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission.

6.2 You may not, without the written permission of LGI Healthcare Solutions, “mirror” any Content on any other server.

7. Restricted Uses

7.1 You agree that all Content is protected by copyright (either registered or arising at common law or under the applicable civil law) and owned or controlled by LGI Healthcare Solutions. You shall acknowledge the source of any Content used by you in accordance with the Terms and Conditions.

7.2 Any unauthorized copying, redistribution, reproduction or modification of the Website or the Content by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of the Website and the Content and to prevent any unauthorized copying of the Content.

7.3 Certain names, words, titles, phrases, logos, icons, graphics or designs in the Website, including without limitation LGI Healthcare Solutions, the LGI Healthcare Solutions logo, constitute trade-marks, trade-names, trade dress and/or associated products and services of LGI Healthcare Solutions, its partners, any licensor, content provider, service provider or contractor of LGI Healthcare Solutions or any other third party (collectively the “Marks”) and may be protected in Canada or elsewhere and their display on the Website does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part, that are accessible via the Website without prior written authorization of LGI Healthcare Solutions or such third party is strictly prohibited. You may not register domain names that correspond to the Marks.

8. Linked Website and Framing

8.1 Certain links on the Website may take you to another website. LGI Healthcare Solutions provides these links only as a convenience. LGI Healthcare Solutions is not responsible for the content of any such linked pages. LGI Healthcare Solutions makes no representation or warranty regarding, and does not endorse or approve, any linked website, the information appearing thereon or any of the products or services described. Should you leave the Website via a link contained herein, and view content that is not provided by or on behalf of LGI Healthcare Solutions, you do so at your own risk and it is your responsibility to take all protective measures to protect yourself from viruses and other destructive elements.

8.2 You are granted a limited, non-exclusive right to create a hyperlink to the Website. You agree that if you link another website to the Website, such other website shall not (a) create frames around any part of the Website or use other techniques that alter the visual presentation of the Website; (b) imply that LGI Healthcare Solutions is endorsing you or any other person (including your organization or company), or your or such other person’s products or services; (c) without the prior written consent of LGI Healthcare Solutions, imply an affiliation between you or any other person, or your or such other person’s products or services and LGI Healthcare Solutions; (d) misrepresent the relationship of you or any other person with LGI Healthcare Solutions or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about LGI Healthcare Solutions or any of its products or services; or (e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, or are otherwise in breach of the Terms and Conditions (including Section 6 (Restricted Uses)).

9. Linked Website and Framing

9.1 LGI Healthcare Solutions respects your right to privacy. All information that LGI Healthcare Solutions may collect via the Website about you during your visit to the Website, is subject to LGI Healthcare Solutions' Privacy Policy, which is incorporated by reference into the Terms and Conditions and can be viewed at the following hyperlink (the “Privacy Policy”).

10. Jurisdiction

10.1 The Website is hosted on servers residing in Canada and the Website is controlled by LGI Healthcare Solutions from the Province of Quebec, Canada. By accessing the Website, you agree that this agreement is formed in the Province of Quebec, Canada, and that all matters relating hereto shall be governed by the laws applicable in the Province of Quebec, without regard to the conflicts of laws provisions thereof.

10.2 Any dispute between LGI Healthcare Solutions and you or any other person arising from, in connection with or relating to the Website, Content, Terms and Conditions, any transaction through the Website, or any related matter must be resolved before the Courts of the Province of Quebec, Canada sitting in the City of Montreal (the “Courts”), and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.

11. Termination of Use

11.1 If you breach any provision of the Terms and Conditions, then you may no longer use the Website or the applicable Content that is made available through the Website. LGI Healthcare Solutions, in its discretion, shall determine whether the Terms and Conditions have been violated.

12. Other

12.1 The parties have expressly requested and required that the Terms and Conditions and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais.

Si vous souhaitez accéder à la version française des Termes et conditions, veuillez suivre le lien suivant : français.

[Last Update: September 2023]

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