Terms of Use
Last Updated: July 16, 2019
SYMBI MEDICAL INC. (“SYMBI” / “ WE” / “US”) OWNS AND OPERATES THE SYMBI MEDICAL DIGITAL HEALTH PLATFORM (THE “ PLATFORM”) AND THE WEBSITE LOCATED AT http://www.symbimedical.com/ (THE “WEBSITE”). THESE TERMS OF USE APPLY TO ALL INDIVIDUALS, INCLUDING PHYSICIANS, ADMINISTRATORS/ADMINS, PATIENTS AND CAREGIVERS, WHO USE THE PLATFORM, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“ USERS”) (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS PLATFORM).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE OR PLATFORM YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE PLATFORM, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY SYMBI FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE PLATFORM, WEBSITE OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, PLATFORM AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY STATEMENT, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY STATEMENT DO NOT USE THE SYMBI WEBSITE OR SERVICES
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SERVICES
Symbi Medical Inc. is the owner of the Symbi Medical Digital Health Platform which allows Physicians to communicate with Patients and prepare for , and keep records related to surgery, medical interventions, procedures and post-operative care (collectively, the “Services”). Medical organizations (“Organizations”), or physicians (“Physicians”) who subscribe to the Platform may invite their patients (“ Patients”) to use the Platform to use the Services to communicate before and after a surgery or medical intervention. Medical Organizations and Physicians may have the option of enrolling in a variety of Services subscription plans.
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REGISTRATION
2.1 Accounts. Individual Users may be required to register for an account to use certain Services (“ Account”). When You register for the Account, You will be required to provide certain information, which is subject to our Privacy Policy, available at: www.symbimedical.com/privacy . After You have registered for an Account, You can login using the email address you provided for registration. You will also be required to select a password. You are responsible for all activity occurring on Your Account, so please select a strong password. Please keep Your password secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of Your Account or password, including any unauthorized access to Your Account or use of Your Account or any information contained therein. Please contact us immediately if You suspect or become aware of any unauthorized use of Your Account or any other breach of security.
2.2 Account Administrators. By default, the initial Physician or User who registered for a Symbi Medical Account on behalf of an Organization is the “Organization Manager”. Organization Manager accounts are able to, add/remove other Users, add/remove other Organization Managers, and change payment information associated with the Account. Other types of Users will have certain default permissions, as described on the Platform at{" "} www.symbimedical.com/account-types .
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USER CONTENT
3.1. User Responsibility
All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Platform by Users is the sole responsibility of Users. This means that the User, and not Symbi, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Platform and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content (including consents to collect, use and disclose personal information of customers under applicable privacy laws). By using the Platform and Services, You represent, warrant and covenant that You have obtained all necessary consents to collect any personal information and that You will comply with all applicable laws, including privacy laws. Symbi does not control User Content uploaded to the Platform and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Symbi be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Platform.
3.2 Digital Care Plans.Physicians are responsible for all medical advice and other User Content uploaded to the Platform by Physicians and/or provided to Users. Any “Digital Care Plans” created through the Services and/or provided to Patients are the sole responsibility of Physicians, whether created by Physician, Symbi or a third party. Physicians agrees to review and approve all Digital Care Plans before providing to any other User. Symbi shall have no liability to Users for the content in any Digital Care Plan and the Physician agrees to defend, indemnify and hold Symbi harmless for any damages or liabilities arising from a Patient’s use of a Digital Care Plan.
3.3 Ownership of User Content
Except for the material that We license to You pursuant to
Section 6 of this Agreement, Symbi does not claim ownership of
any of the materials or User Content created, transmitted,
uploaded, stored or otherwise made available on the Platform by
You through Your use of the Services. You hereby grant to Symbi
a non-exclusive, royalty-free, transferrable license to (i)
collect and store User Content for the purpose of providing the
Services; and (ii) copy, publish, distribute and modify any
generic portions of the User Content You upload to the Platform,
provided Symbi does not disclose any proprietary or confidential
information of a User or Organization or use any personal data
(other than in accordance with our Privacy Policy). You further
grant Symbi a perpetual, irrevocable, and unlimited license to
use, store, and manipulate User Content to create aggregated and
anonymized statistical analytics in respect to Platform use and
other Services and User parameters and characteristics (“
Anonymous Service Data”) in accordance with the
Symbi Privacy Statement. Symbi shall own all right, title and
interest in and to the Anonymous Service Data, including all
intellectual property rights in the Anonymous Service Data, and
You hereby assign, transfer and convey to Symbi any ownership
interest You may have in any Anonymous Service Data.
3.4 Feedback
If You provide Symbi with any suggestions, comments or other
feedback (“Feedback”) relating to the website,
Symbi may use such Feedback in the website or in any other Symbi
products or services (collectively, “
Symbi Offerings”). Accordingly, You agree that:
(i) Symbi is not subject to any confidentiality obligations in
respect to the Feedback, (ii) the Feedback is not confidential
or proprietary information of You or any third party and You
have all of the necessary rights to disclose the Feedback to
Symbi, (iii) Symbi (including all of its successors and assigns
and any successors and assigns of any of the Symbi Offerings)
may freely use, reproduce, publicize, license, distribute, and
otherwise commercialize Feedback in any Symbi Offerings, and
(iv) You are not entitled to receive any compensation or
re-imbursement of any kind from Symbi or any of the other users
of the Website or Platform.
- PAYMENT
4.1 Fees
If you purchase a subscription for any Services, You shall pay
Symbi the Subscription Fees as specified to You in a Symbi order
form (“Order Form”). Fees may be based on the
number of Users associated with Your Account and may change if
You add or remove Users. All amounts are payable in the currency
specified in the Order Form. Symbi reserves the right to change
the Subscription Fees upon no less than 60 days’ notice to You.
Any Subscription Fee changes will come into effect upon renewal
of Your current subscription term. If You do not wish to pay the
changed fees, then Your sole recourse is to not renew Your
subscription for the Service.
4.2 Invoicing and Payment.
Unless otherwise specified in an Order Form, You will be billed
monthly. Symbi will invoice You electronically and You agree to
accept Symbi’s invoices in that manner. Unless otherwise stated
an invoice sent to You by Symbi, all invoiced amounts for the
Services are due upon receipt of Symbi’s invoices for such
amounts. If You have enrolled in automatic billing, You shall:
(i) keep your billing, credit card and payment information
accurate and up to date, otherwise, Symbi may suspend provision
of the Services; (ii) promptly advise Symbi if billing or credit
card information changes due to loss, theft, cancellation or
otherwise; (iii) be liable for failure to pay any fees caused by
Your failure to provide Symbi with up to date billing
information; and (iv) upon termination of the Services, provide
Symbi with a forwarding address for all final invoices or
correspondence if Your mailing address differs from that which
You provided in your Account.
4.3 Taxes
Unless otherwise stated, Symbi’s prices for the Services do not
include any direct or indirect local, state, provincial, federal
or foreign taxes, levies, duties or similar governmental
assessments of any nature, including value-added, goods and
services, harmonized, use or withholding taxes (collectively, “
Taxes”). You are responsible for paying all
applicable Taxes associated with purchases pursuant to these
Terms, excluding taxes based on Symbi’s net income or property.
If Symbi has the legal obligation to pay or collect Taxes for
which You are responsible under this Section, the appropriate
amount shall be invoiced to and paid by You, unless You provide
Symbi with a valid tax exemption certificate authorized by the
appropriate taxing authority.
4.4 Pre-authorized Payment
By providing a credit card information to Symbi as part of Your
Account registration, You authorize Symbi to charge Your credit
card for all outstanding fees, taxes and charges and outstanding
account balances incurred by You in respect to the Services, and
this Section 4.4 constitutes Symbi’s good and sufficient
authority for so doing. If You do not provide notice of
non-renewal of the subscription for the Services (of at least 30
days for any monthly subscription and 60 days for any annual
subscription), then the relevant fees for the renewal of Your
subscription to the Services for a new subscription having the
same subscription term will be automatically processed and
charged to You in full at the then-current fees for the Services
for such renewed term.
4.5 Suspension of Service
If Your account is five (5) or more days overdue in the case of
a monthly subscription or fifteen (15) or more days overdue in
the case of an annual or multi-year subscription, then in
addition to any of its other rights or remedies, Symbi shall
have the right to suspend the Services provided to You, without
liability to You, until such amounts are paid in full.
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USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on Your Account and for compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
- use the Platform other than as permitted by this Agreement;
- share Your login information with any individual;
- use the Platform to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement, including spamming Users or other individuals;
- license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party;
- use the Platform to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You does not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
- use the Platform to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
- continue to use the Platform in a manner that interferes with or disrupts the integrity or performance of the Platform following a notice from Symbi of such use;
- attempt to gain unauthorized access to the Platform or its related systems or networks;
- use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Platform;
- use any data mining, robots or similar data gathering or extraction methods;
- access the Platform for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Platform; or
- copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code or modify the Platform, except as expressly provided for in this Agreement.
Symbi reserves the right to terminate, limit or suspend User access to the Platform for any User breach of these restrictions or any other violation of any other term of this Agreement.
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INTELLECTUAL PROPERTY; LICENSE TO PLATFORM
The Website, Platform, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Symbi and its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms and payment of any applicable fees, we grant You a non-transferable, non-exclusive, license to access and use the Website and Platform for Your internal business purposes use, and not for the use of any other person or individual. Nothing in the Terms gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Platform. Any future release, update, or other addition to functionality of the Website, Platform and Services shall be subject to the terms of these Terms. - TERM; TERMINATION
7.1 Term
The term of this agreement if You purchase a subscription to
the Platform, then the initial term of your subscription will
be set out in your Order Form. Upon expiration of the initial
term, the subscription term shall automatically renew for
renewal terms that are equal in length to your initial
subscription, unless You provide notice of termination in
accordance with Section{" "}
4.4.
7.2 Termination by Symbi
Symbi retains the right to terminate this Agreement and/or Your
ability to access the Platform and Services at any time without
notice to You if any of the following occur: (i) material
breaches or violations of these Terms of Use; (ii) request by
law enforcement or other government agencies; (iii)
discontinuance or material modification to the Website and/or
Platform and Services (or any part thereof); (iv) unexpected
technical, security or legal issues or problems, and/or
participation by You, directly or indirectly, in fraudulent or
illegal activities (including, but not limited to falsification
of Your credentials).
7.3 Effect of Termination
In the event of Termination by either Party, Symbi reserves the
right to delete any information in the User Account that it is
not required by law to retain.
7.4 Outstanding Fees.
Termination, suspension, or expiration of Your Subscription
shall not relieve You of the obligation to pay any fees accrued
or payable to Symbi. Upon Termination by Symbi under Section
7.2, all applicable fees for the remainder of the Term shall
become due immediately.
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IMPORTANT DISCLAIMERS
8.1 Information Disclaimer
Any information or materials provided by the Website, Platform and Services, as well as other analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Platform will be applicable to You or Your Patients and Symbi does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Platform or Services. If you are a Physician or Organization it is Your responsibility to ensure that any and all health advice, medical advice, diagnosis or other information provided to Your Patients is accurate. Symbi expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided through the Website, Platform, and Services.
8.2 Internet Security Disclaimer
You understand that the transmission of User Content is
necessary to use of the Services. Therefore, You expressly
consent to Symbi’s storage of User Content, which will involve
transmission over the Internet, and over various networks, only
part of which may be owned and/or operated by Symbi. Symbi is
committed to protecting Your privacy and we have safeguards in
place that comply with Federal and Provincial laws, rules and
regulations relative to storing personal information; however,
You acknowledge and understand that User Content may be accessed
by unauthorized persons when communicated across the Internet,
network communications facilities, or other electronic means.
Symbi is not responsible for any User Content which is delayed,
lost, altered, intercepted or stored during the transmission of
any data whatsoever across public networks not owned or operated
by Symbi, including, the Internet and Your local network. You
agree that Symbi is not in any way responsible for any
interference with Your use of or access to the Services or
security breaches arising from or attributable to the Internet
and You waive any and all claims against Symbi in connection
therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND
CONDITIONS
THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND
PLATFORM ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT
LIMITATION, SYMBI DOES NOT REPRESENT, WARRANT OR OFFER ANY
CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS
WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II)
PRODUCT RECOMMENDATIONS WILL BE APPROPRIATE AND/OR SAFE FOR
CUSTOMERS; (III) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE; (IV) DEFECTS WILL BE CORRECTED, OR
(V) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SYMBI SPECIFICALLY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER
EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF
DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY,
NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS
THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SYMBI
DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR
REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE
WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A
LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING ON THE WEBSITE, AND SYMBI SHALL NOT BE A PARTY TO
ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD
PARTY.
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LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SYMBI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF SYMBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SYMBI’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO SYMBI IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST SYMBI (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD SYMBI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS OR INFORMATION SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE PLATFORM/WEBSITE, YOUR USE OF THE PLATFORM/WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN. -
THIRD PARTY CONTENT
This Website may contain advertisements and/or links to other websites that are not owned or controlled by Symbi. Symbi is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-Symbi websites does not imply that Symbi endorses or accepts any responsibility for the content or use of such websites, and You hereby release Symbi from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. -
GENERAL
12.1 Enforcement of Terms and Conditions
If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Symbi to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Symbi must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Symbi of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
12.2 Assignment
You may not assign the Terms, or any rights or licenses granted
hereunder, whether voluntarily, by operation of law, or
otherwise without Symbi’s prior written consent. Symbi may
assign the terms of use, or any rights or licenses granted
hereunder, at any time without notice.
12.3 Survival
In addition to Sections 4, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and
12.5 all representations, warranties and conditions made by You
in these terms of use shall survive the termination of these
terms of use. Unless otherwise explicitly identified as
terminating elsewhere in these terms of use, all licenses
granted by You in these terms of use shall survive their
termination. All payment obligations incurred by You prior to
the termination of these terms of use shall survive their
termination
12.4 Entire Agreement
These Terms of Use, together with the Symbi Privacy Policy,
constitutes the entire agreement between the parties relating to
the website and all related activities. These terms of use shall
not be modified except in writing signed by both parties or by a
new posting of these terms of use issued by Symbi.
12.5 Export
You acknowledge and agree that the Platform and Services may be
subject to export and import controls under the regulations of
Canada, the United States and other countries, and you shall
comply with all export and import control regulations of such
countries. You shall not use the Platform or Services for any
purposes prohibited by export laws, including, without
limitation, nuclear, chemical or biological weapons
proliferation. You shall be responsible for procuring all
required permissions for any subsequent export, import or use of
the Platform or Services.
12.6 Choice of Law
This Agreement and any action related thereto shall be governed
by and construed in accordance with the laws of the Province of
Nova Scotia and the federal laws of Canada applicable therein,
without regard to conflicts of law principles. The Parties
hereby irrevocably attorn to the exclusive personal jurisdiction
and venue of the courts sitting in Halifax, Nova Scotia.
12.7 English Language
It is the express wish of the parties that this Agreement and
all related documents be drawn up in English. C’est la volonté
expresse des parties que la présente convention ainsi que les
documents qui s’y rattachent soient rédigés en anglais.
12.8 Contact
If You have any questions about these Terms of Use or if You
wish to make any complaint or claim with respect to the Website,
Platform or Services please contact us at
cameron@symbimedical.com
.
Last Updated: July 16, 2019