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Terms And Conditions

Introduction

Your access to and continued use of the material published at www.blescath.com and associated webpages and websites (collectively, the “Site”) constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the following terms of use, conditions, and restrictions (the “Terms of Use”).

In these Terms of Use:

(a)    “we”, “us” or “our” means BLES Biochemicals Incorporated., an Ontario Corporation whose registered office address is located at Unit #8 – 60 Pacific Court, London, Ontario, Canada N5V 3K4; and

(b)    “you” or “your” means the person seeking to access or use the Site or the Proprietary Information.

You should read these terms and conditions carefully before accessing or using the Site. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms of Use. If you do not agree with or accept the Terms of Use, you should cease using the Site immediately. If you have any questions about the Site, please contact us at [email protected].

Take notice that the Terms of Use may change from time to time, and it is your responsibility to check for any such changes prior to your use of the Site.

Ownership and Reservation of Intellectual Property Rights and Grant of Limited License

The Site may contain documentation, information, communications, software, images, sounds, music, graphics, photos, videos and other material and services (collectively, the “Proprietary Information”).

Copyright (c) 2022 Bles Biochemicals Incorporated (the “Owner”). All rights reserved.

The Site is protected by Canadian and international copyright laws as a collective work and/or a compilation, and the Owner owns all copyright in the selection, arrangement, and enhancement of the Information.

Trademarks:

BLES is a registered trademark of the Owner, registered in Canada on November 6, 2003 as TMA594,166.

BLES & Design is a registered trademark of the Owner, registered in Canada on January 28, 2014 as TMA870,086.

You expressly acknowledge and agree that all Proprietary Information and all intellectual property rights therein (the “Proprietary Rights”), including without limitation all copyrights, trademarks, industrial designs, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered, anywhere in the world, are the exclusive property of the Owner, which rights are valid and subsisting in all media forms now existing or hereafter developed, and all use of the Proprietary Information shall be subject to and in accordance with such rights and the Terms of Use.

The use or misuse of any Proprietary Rights, except in strict compliance with these Terms of Use, is prohibited.

You are hereby granted a non-transferrable limited license (the “Limited License”) to view and to display the Site and the Proprietary Information on your web browser for your own personal, non-commercial use. All other use of the Proprietary Information is prohibited.  For greater certainty, you will not copy, reproduce, republish, or distribute the Site or the Proprietary Information and you will not create or produce any derivative work based on the Proprietary Information, nor use the Proprietary Information for the purpose of enhancing any competing work.

Restrictions on use

The Site is intended for the personal use of duly qualified and licensed medical doctors/physicians only.

As a condition of your use of the Site, you agree that:

(a)     you are a duly qualified and licensed medical doctor/physician. If you are not a duly qualified and licensed medical doctor/physician, you are not entitled to access the Site and you should leave the Site immediately;

(b)     you will not use the Site or the Proprietary Information for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use;

(c)    you will not defame or disparage anybody or make any comments of an obscene, derogatory, or offensive nature, or otherwise use the Site or the Proprietary Information in a way that brings the Owner or any third party into disrepute or causes the Owner to be liable to any third party;

(d)    you will not reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from, or exploit in any way, the Site or the Proprietary Information except as permitted by the Owner under these Terms of Use or as expressly provided under applicable law and/or under any Additional Terms;

(e)    you will not use the Site to distribute viruses or malware or other similar harmful software code;

(f)    you will not represent or suggest that the Owner endorses any other business, product, or service unless we have separately agreed to do so in writing; and

(g)    you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and that you shall be solely responsible for keeping your password and other account details strictly confidential.

The Owner reserves the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.

Accessibility

The Owners endeavour to make the Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at [email protected].

Accuracy of information and availability of the Site

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant, or promise (whether expressly or by implication) that any Proprietary Information or other information contained on the Site is or remains available, accurate, complete, and up to date, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you may place on the Proprietary Information or the Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights. The Site and the Proprietary Information contained therein are provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites, which may be of interest. It does not constitute technical, financial, medical, or legal advice, or any other type of advice, and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.

Hyperlinks and third-party sites

The Site may contain hyperlinks to other websites. These links are provided as a convenience to help you identify and locate other internet resources that may be of interest. These other sites were independently developed by parties other than the Owner. The Owner does not assume any responsibility whatsoever for the content, accuracy, or appropriateness of the information contained at, or endorse the viewpoints expressed at, such websites. In providing links to other sites, the Owner is in no way acting as a publisher of the material contained on those other websites and does not seek to control the content of, or maintain any editorial control whatsoever over, such websites.

Any link to another website shall not be construed to imply that the Site 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 websites. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.

No Liability

The Owner is not responsible for any direct, indirect, special, incidental, consequential, 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 Proprietary 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 in an action of contract, negligence, or other tortious action, even if the Owner has been informed of the possibility thereof.

You agree that your use of the Site is on an “as available” basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Site or the Proprietary Information, including without limitation, any representations or warranties as to completeness, accuracy, currency, or fitness for any purpose, of the Site and any Proprietary Information.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in the Site and the Proprietary Information, and any representation or statement made on the Site.

Submitting Information to the Site

The Site is not a secure means of communication and any information you supply to us may not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising, or marketing suggestions, prototypes, or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”) through the Site. While we value your feedback, you agree not to submit any Unwanted Submissions through the Site.

If you do submit an Unwanted Submission through the Site, the Owner shall have the right to use any information contained therein without limitation on a free of charge basis and the Owner shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of the Unwanted Submissions or any part thereof.

Where the Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review, or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and we assume no responsibility or liability arising from any information posted on the Site by you or any third-party, nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.

You represent and warrant that any information you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us. You agree that you waive all moral rights you may have in any such material and information, but that any personal data you supply with your submission may, if we choose to do so, be used by us as described in our Privacy Statement.

General

These Terms of Use are dated April 22, 2022. We reserve the right to vary the Terms of Use from time to time. Any changes to the Terms of Use will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any such changes made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.

Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to our registered office address at Unit #8 – 60 Pacific Court, London, Ontario N5V 3K4 and all notices from us to you will be displayed on our website from to time.

We shall have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts, other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, epidemic, pandemic or act of God.

If any part of these Terms of Use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms of Use will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms of Use (together with the Privacy Statement and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and the Proprietary Information and supersede and replace any representation, statement, or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Conformance with Law

You agree that your use of the Site and/or the Proprietary Information shall not violate any applicable local, national, or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Choice of Law

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use 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 Ontario, Canada in any action or proceeding instituted under or related to this Agreement. You agree not to commence any action or proceeding except in London, Ontario, Canada.