1. ACCEPTANCE OF TERMS
Pivina Consulting Inc. ("Pivina") maintains the FormularyKits website (the "Website"). Your access and use of the Website is subject to these Terms of Use ("TOU"). By using the Website, you are agreeing to comply with the TOU. If you do not wish to be bound by these terms and conditions, do not access or use this Website.
2. MODIFICATIONS TO THE TOU
We reserve the right, at our sole discretion, to modify the TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review the TOU every time you access the Website to keep yourself apprised of any changes. You can find the most recent version of the TOU here.
3. GRANT OF LICENSE
Pivina grants you a limited, revocable, non-exclusive, non-assignable license to access the Website for your own use. Use of the Website beyond the scope of authorized access granted to you by Pivina immediately terminates this license.
4. SECURE LOG-IN
Certain users may be issued log-in credentials (e.g., log-in identification and password) to access the secure, non-public areas of the Website ("Registered Users"). Registered Users may include drug manufacturers and suppliers, healthcare professionals and healthcare decision makers. If you have been issued log-in credentials by Pivina, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You must not share your password with any other person. You agree to (a) immediately notify Pivina of any unauthorized use of your password or account or any other breach of the security of the Website of which you reasonably suspect or become aware, and (b) ensure that you exit from your account at the end of each session. Pivina cannot and will not be liable for any loss or damage arising from your failure to comply with this section, and you will indemnify Pivina in respect of any losses suffered by Pivina or claims made against Pivina that are attributable to any loss or damage arising from your failure to comply with this section.
5. CONTENT
The Website permits Registered Users to upload information and commentary to the Website. You understand and agree that (a) all information, images or other materials ("Content") posted on, transmitted through, or linked from the Website, is the sole responsibility of the person or company from whom such Content originated;
(b) Pivina is not responsible for verifying the Content or for Content that is inaccurate, misleading, or otherwise objectionable;
(c) by using the Website, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable;
(d) you must evaluate, and bear all risks associated with, the use of any Content;
(e) your interactions with organizations and/or individuals found on or through the Website are solely between you and such organizations and/or individuals; and
(f) under no circumstances will Pivina be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Website.
If you post any Content, you are entirely responsible for Content that you post or otherwise make available via the Website.
The Content on this Website is primarily intended to help Canadian healthcare decision makers and healthcare professionals make well-informed decisions and thereby improve the quality of healthcare services. The Content on this Website is made available for informational and educational purposes only. The Content should not be used as a substitute for the application of clinical judgment in respect of the care of a particular patient or other professional judgment in any decision-making process, or as a substitute for professional medical advice.
Pivina shall have the right (but not the obligation) in its sole discretion to delete or move any Content that is available via the Website, or to refuse to upload any information that is intended to be Content that is available via the Website, for violating the letter or spirit of the TOU or for any other reason.
This Website contains links to other information available on the websites of third parties. Pivina does not have control over the content of such sites. Use of third party sites is governed by the terms and conditions set out on such sites. Pivina does not make any guarantee with respect to any information contained on such third party sites, and Pivina is not responsible for any injury, loss, or damage suffered as a result of using such third party sites. Pivina has no responsibility for the collection, use, and disclosure of personal information by third party sites.
You acknowledge that Pivina has no obligation to monitor the Content made available through the Website. If you have any concerns about any Content, please contact us.
6. DEALINGS WITH OTHER REGISTERED USERS
If there is a dispute between Registered Users of this site, or between Registered Users and any third party, you understand and agree that Pivina is under no obligation to become involved. In the event that you have a dispute with one or more other Registered Users, you hereby release Pivina and its representatives (and their respective officers, employees, agents and successors in rights) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Website.
7. PRIVACY AND INFORMATION DISCLOSURE
Pivina has published a Privacy Statement to explain to Registered Users how Pivina collects and uses personal information via the Website. That Privacy Statement is located here.
Your use of the Website signifies acknowledgement of and agreement to our Privacy Statement.
8. CONDUCT
You agree not to post or otherwise make available Content:
(a) that is unlawful;
(b) that is harmful, threatening, abusive, harassing, defamatory, pornographic, profane or otherwise inappropriate;
(c) that includes personal or identifying information about another person without that person's explicit consent;
(d) that impersonates any person or entity, including, but not limited to, a Pivina employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
(e) that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person, or that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(f) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(g) through multiple accounts - specifically, a Registered User is not permitted to have more than one Registered User profile on the Website.
9. LIMITATIONS ON SERVICE
You agree that Pivina has no responsibility or liability for the deletion or failure to store or provide any Content maintained or transmitted by the Website. You acknowledge Pivina reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that Pivina shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10. TERMINATION OF SERVICE
You agree that Pivina, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and delete any Content within the Website, for any reason, including, without limitation, if Pivina believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Pivina shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination. The disclaimers, limitations on liability and indemnity clauses shall survive termination of the TOU, as shall any other provision which by its nature ought to survive termination.
11. PROPRIETARY RIGHTS
Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Pivina.
Other than for your personal confidential use, you further agree not to reproduce, duplicate or copy whether by printing or saving to a desktop, Content from the Website without the express written consent of Pivina, and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
Although Pivina does not claim ownership of Content that its Registered Users post, by posting or uploading Content to any area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Pivina an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content as part of the Website.
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. PIVINA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PIVINA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PIVINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
14. INDEMNITY
You agree to indemnify and hold Pivina and its representatives (including their agents, service providers, suppliers), and their respective subsidiaries, affiliates, successors, assigns, directors, officers, and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of (a) Content that you view, submit, post or make available through the Website, (b) your use of the Website, (c) your violation of the TOU, (d) your breach of any of the representations and warranties herein, or (e) your violation of the rights of any person.
15. GENERAL PROVISIONS
The TOU constitute the entire agreement between you and Pivina and govern your use of the Website, superseding any prior agreements between you and Pivina in respect of the Website. The TOU and the relationship between you and Pivina shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Pivina agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Pivina to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.