Legal Statement and Privacy
TERMS OF USE
Acceptance. Your access to and use of this site is subject to the following terms and conditions (“Terms of Use”), PDI’s Privacy Statement, and all applicable laws. Please read our Privacy Statement to understand the privacy rules about your use of this site. By accessing and browsing this site, you accept, without limitation or qualification, that the Terms of Use and our Privacy Statement are the complete agreement between you and PDI with respect to your use of this site. PDI reserves the right to modify or update these Terms of Use or the Privacy Statement at any time without prior notice to you, and your continued use of this site after any such change will constitute your agreement to comply with all such changes.
Disclaimer. PDI is not engaged in rendering medical advice or providing professional medical services. The information provided on this site is intended for general information purposes only and should not be used for diagnosing or treating a health problem or a disease, nor is it a substitute for any professional care. IF YOU HAVE, OR SUSPECT YOU MAY HAVE A HEALTH PROBLEM, YOU SHOULD PROMPTLY CONSULT YOUR PHYSICIAN. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC ADVICE.
Although accessible by others, the product information on this site is intended for use by residents of Canada. PDI’s site contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on a linked web site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.
Copyrights and Trademarks. The contents of PDI’s site is protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of PDI is prohibited except in accordance with the following terms. PDI consents to you browsing PDI’s site on your computer and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not competitive with or derogatory to PDI; but no modification or further reproduction of the content is permitted. The content may not otherwise be copied or used in any way without the prior written consent from an authorized PDI representative. Individual documents on PDI’s web site may be subject to additional terms indicated in those documents.
The trademarks, service marks, trade names, trade dress and products contained in PDI’s site are protected in Canada and internationally. Phenomenome Discoveries is a registered trademark of Phenomenome Discoveries Inc. Other product and company names mentioned in this site may be trademarks or trade names of their respective owners. Your access to PDI’s site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on PDI’s site without the prior written consent of an authorized PDI representative or the third-party owner thereof except to identify the products or services of the company.
If you believe that your intellectual property has been improperly used on this site please contact PDI’s Legal Affairs Department at the address provided below.
User Representations. In using any PDI web site, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the PDI web site, or any services, system resources, accounts, servers or networks connected to or accessible through the PDI web site or affiliated or linked web sites; (b) not to disrupt or interfere with any other user’s enjoyment of the PDI web site or affiliated or linked web sites; (c) not to upload, post, or otherwise transmit through or on any PDI web site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another’s account, service or system without authorization from PDI, or create or use a false identity on a PDI web site; (e) not to transmit through or on a PDI web site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password, if applicable, to others either on or off the PDI web site; (g) not to attempt to obtain unauthorized access to the PDI web site or portions of the PDI web site which are restricted from general access; and, (h) not use a PDI web site to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to an individual’s particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications you undertake or transmit using a PDI web site, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to Canadian restrictions, that relate to your use of or activities on a PDI web site.
Web Site Updates. All content available through a PDI web site, including but not limited to data, technical drawings, configurations, quote and order information and catalog listings are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through any PDI web site. Specifications for products and services are subject to change without notice and PDI reserves the right to make changes without notice to products, services, processing, materials or configuration. PDI does not guarantee that products or services that are listed online will be available.
PDI may terminate, change, suspend or discontinue any aspect of a PDI web site, including the availability of any features, at any time. PDI may remove, modify or otherwise change any content, including that of third-parties, on or from a PDI web site. PDI may impose limits on certain features and services or restrict your access to parts or all of a PDI web site without notice or liability. PDI may terminate the authorization and rights provided herein and your use of any PDI web site at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from any PDI web site.
Links to Other Web sites. For your easy accessibility, PDI may include links to web sites on the internet that are owned or operated by third-parties to which this Terms of Use does not apply. PDI is not responsible for the content of such other web sites. You also agree that PDI has no control over the content on third-party web sites and cannot assume any responsibility for material created or published by such third-party web sites. Therefore, when linking to such a third-party web site, you should review and agree to that web site’s rules of use before using such web site. In addition, a summary and/or link to a non-PDI web site does not imply that PDI endorses the web site or the products or services, or warrants the accuracy of any content referenced in such third-party web site. PDI shall not be liable for any damages or injury arising from users’ access to or inability to access such web sites.
Links to a PDI Web Site. All links to a PDI web site must be approved in writing by PDI, except that PDI consents to links in which: (a) the link is a text-only link containing only the title of the home page of PDI’s web site, (b) the link “points” only to the home page of PDI’s web site and not to deeper pages, (c) the link, when activated by a user, displays this home page of PDI’s web site in full-screen and not within a “frame” on the linked web site, and (d) the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by PDI or its affiliates, or (ii) damage or dilute the goodwill associated with the name and trademarks of PDI, its affiliates or licensors. In any event you agree that PDI reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which PDI’s consent has been withdrawn.
Your Content and Ideas. By submitting material to any of our servers, for example, by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and PDI may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit; (e) does not violate the terms of this Agreement, PDI’s Privacy Statement or any other registered user agreement (if applicable); and (f) and that you shall be responsible for the content and information contained therein, including all required consents, its truthfulness and accuracy.
PDI does not and cannot review the content posted by users on every PDI web site and is not responsible for such content. PDI may at any time at its discretion remove any content posted by users.
Securities Disclaimer. PDI’s web sites may contain “forward-looking statements” within the meaning of Canadian securities legislation. The words “may”, “will”, “could”, “should”, “would”, “suspect”, “outlook”, “believe”, “plan”, “anticipate”, “estimate”, “expect”, “intend”, “forecast”, “objective” and “continue” (or the negative thereof), and words and expressions of similar import, are intended to identify forward-looking statements.
Forward-looking statements contained in this web site are necessarily based on assumptions and information that, while considered reasonable to us, are inherently uncertain. In particular, statements regarding product and service availability and business relationships with other entities are based on contractual obligations between PDI and other third parties, current industry conditions and existing contract and competition. Factors that may cause actual results to differ materially from current expectations include, but are not limited to: the impact of competitive, physician, patient, public or political responses and reactions by medical professional associations and advocacy groups to PDI’s sales, marketing, product pricing, product access and strategic efforts with respect to PDI’s products and services, including introduction or potential introduction of generic or competing products; challenges inherent in new product development, including obtaining regulatory approvals, domestic and foreign health care reforms and governmental laws and regulations and trends toward health care cost containment; new product development and launch, including the possibility that any product launch may be delayed or unsuccessful; acceptance of and demand for PDI’s products and services; changes in the current and future business environment, including interest rates and capital and consumer spending; the availability of raw materials and/or products provided to PDI under supply or contract manufacturing agreements with third parties; the regulatory environment, including legislative, government or regulatory agency and judicial actions and changes in applicable laws or regulations, including the risk of obtaining necessary licenses or approvals in a timely manner; fluctuations in revenues; a reduction of funds from operations; our ability to continue as a going concern; the ability to sell or license certain assets, and the purchase prices, milestones, terms and conditions of such transactions; compliance with debt covenants; dependence on government-based revenues in Canada; and operational and infrastructure risks including possible equipment failure and performance of information technology systems.
We caution that the foregoing list of important factors that may affect future results is not exhaustive. Readers should not place undue reliance on any forward-looking statements. When reviewing our forward-looking statements, investors and others should carefully consider the foregoing factors and other uncertainties and potential events. Except as required by Canadian securities law, we do not undertake to update any forward-looking statements, whether written or oral, that may be made from time to time by us or on our behalf; such statements speak only as of the date made.
Any personally identifiable information transmitted to a PDI web site is governed by PDI’s Privacy Statement, which is incorporated by reference as if fully set forth in these Terms of Use. PDI shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third-parties and/or developing, manufacturing and/or marketing goods or services.
Warranty. The use of any PDI web site and the content therein is permitted for private, non-commercial use. The content in every PDI web site is provided as a convenience to you. PDI will use reasonable efforts to include up-to-date and accurate information in its web site but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information contained on any PDI web site which are provided on “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, PDI and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that any use of a PDI web site, including all content, data or software distributed by, downloaded or accessed from or through a PDI web site is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that PDI does not control in any respect any information, products or services offered by third-parties through any web site including a PDI web site. Except as otherwise agreed in writing, PDI and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, summary, statement or other content or of any products or services distributed or made available by third-parties through any third-party or PDI web sites.
PDI does not make any warranty that its web sites or its content will meet your requirements, or that a PDI web site or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. Nor does PDI make any warranty as to the results that may be obtained from use of a PDI web site or its content or as to the accuracy, completeness or reliability of any information obtained through use of any PDI web site.
PDI assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of PDI, its affiliates, its licensors, or a user’s own errors and/or omissions.
Except as otherwise provided under applicable laws and regulations regarding the security of personal data, PDI disclaims any warranty or representation that confidentiality of information transmitted through a PDI web site will be maintained.
No advice or information, whether oral or written, obtained by you from PDI or third-parties through any PDI web site shall create any warranty.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PDI OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE A PDI WEB SITE OR ANY CONTENT CONTAINED ON A PDI WEB SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF PDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF PDI WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Applicable Law. These Terms of Use shall be governed by the laws of the Province of Saskatchewan and claims shall be determined in the province and courts of the Province of Saskatchewan, Canada. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.
Contact PDI. If you have any questions about these Terms of Use, please write or email to:
Phenomenome Discoveries Inc.
c/o: Director of Legal Affairs
Saskatoon, Saskatchewan
Canada
Email:
If the Terms of Use change, the revised Terms of Use will be posted on all PDI web sites. Please check back periodically, and especially before you provide any personally identifiable information. This Terms of Use was last updated on 1 August 2014.
Privacy Statement
Phenomenome Discoveries Inc. and its family of companies (referred to herein as “PDI” “we,” “us” or “our”) respect the privacy of those who visit our websites and recognize the need for the appropriate protection and management of personal information. In compliance with the Personal Information and Electronic Documents Act (PIPEDA) of Canada, we are legally required to protect this information, and to ensure we obtain an informed consent for its use in the course of our business.
Personal information is information that identifies or could be used by PDI to identify individuals. A copy of our detailed privacy policy (“Policy” or “Privacy Policy”) can be found at the link below. Our Privacy Policy is designed to outline and provide you with information regarding our website privacy practices. As part of our requirements under PIPEDA, we have a privacy officer. The privacy officer is the person you should contact if you have questions or concerns about our privacy policy and procedures, or if you wish to understand how the information we collected from you has been used.
To contact Phenomenome Discoveries’ privacy officer, send an email with “Privacy Officer” in the subject line to .
For more information on PIPEDA, or to contact the Canadian Federal Privacy Commissioner, visit the Government of Canada website at .
Detailed Privacy Policies and Procedures:
Download our Privacy Statement (PDF 20KB)