Terms of Use

Terms of Use

Canadian Bayshore Specialty Rx Ltd. (“Bayshore Specialty Rx”) welcomes you to the omnipod.diabetesexpress.ca website (the “Site”) which is controlled by Bayshore Specialty Rx. Please read the following terms and conditions (the “Terms of Use”) carefully and in their entirety before you use the Site. Please be advised that your use of the Site signifies that you agree to the Terms of Use. If you do not agree with the Terms of Use, please do not use the Site.

Acceptance

By using the Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use, and further acknowledge that any information that you provide is truthful and that the disclosure of such information does not violate the legal rights of others. By accessing this Site, you represent that you are at least 18 years of age.

Products and Services

The Site contains information on the products and services offered by Bayshore Specialty Rx (the “Products and Services”), and acts as a means of communicating with Bayshore Specialty Rx. The Products and Services are intended for use and sale only in Canada. Neither the use nor sale is intended where prohibited by law. Only Canadian laws apply to the Site and to the use of the Site by any users, notwithstanding the place of residence and physical location of such users.

While we use reasonable efforts to ensure that all information contained on the Site is accurate and current, your use of the Site is at your own risk. The Site is not the authoritative source of information about the Product or Services or about Bayshore Specialty Rx, its advertisers, suppliers, business partners, sponsors or other third parties. Changes may be made at any time to the Products and Services (or any part thereof) that we provide on the Site without prior notice to you. We shall not be liable to you or to any third party for any changes, suspensions or discontinuances of the Products and Services (or any part thereof) on the Site.

Privacy

On the Site you will be asked to provide personal information if you would like to sign up for one of the Products and Services offered by Bayshore Specialty Rx, or if you would like us to respond to a request that you may have. This information is only obtained from you if you supply it voluntarily. We do not automatically gather personal information and we do not require you to provide more information than is necessary for us to appropriately identify you and respond to your request.

Any personal information you do provide is protected in Canada under the federal Privacy Act and Personal Information Protection and Electronic Documents Act. Our Privacy Policy is available for you to review on the Site, and is incorporated by reference into these Terms of Use.

User Content

By uploading any information and other material on the Site, you waive all moral rights and grant (or warrant that the owner of such materials expressly grants) to Bayshore Specialty Rx, its affiliates, its agents, its representatives, its third party service providers and other third parties who receive access to your information pursuant to these Terms of Use, a worldwide, perpetual, royalty-free, irrevocable and non- exclusive license and right to: (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such submitted materials; and (ii) create compilations and/or derivative works from such submitted materials. For greater certainty, subject to our Privacy Policy, anything you transmit or post may be used by Bayshore Specialty Rx or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Bayshore Specialty Rx is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

No Representations and Warranties

Use of the Site is not intended, and shall not be deemed, to amend or change any existing legal relationship that you may have with Bayshore Specialty Rx or any third parties. The Products and Services are provided “as is” or “as available,” with all faults. While Bayshore Specialty Rx believes that the information on the Site to be correct, neither Bayshore Specialty Rx nor its directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site makes any representation or warranty, express or implied, (i) as to the accuracy, completeness, quality or adequacy of the information on the Site; (ii) that access to the site will be uninterrupted or error-free; or (iii) that the site will be secure. Any information contained on the Site is not meant to replace the information contained on Product packaging or labeling, and is not meant to replace medical, legal or other professional advice. If you are a patient, do not rely on this site as a substitute for the advice provided by your own health care provider. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THIS SITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL, TO DISCUSS ANY HEALTH CONCERNS.

Limitation of Liability

Bayshore Specialty Rx expressly disclaims any obligation, responsibility or liability for any loss or damage, whether direct or indirect, special or consequential, incurred by any user of the Site. By accessing the Site, each user releases Bayshore Specialty Rx and its respective directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site from all claims and proceedings for all such losses, damages or consequences.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

No Endorsement of Third Parties

The Site may contain links to third party websites or references to products, services or publications other than those of Bayshore Specialty Rx. These links and references are for convenience only and do not imply the endorsement or approval of such websites, products, services or publications by Bayshore Specialty Rx.

Indemnity

You agree to indemnify and hold Bayshore Specialty Rx and its directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site harmless from any and all damages, costs, liabilities, and any claim or demand, including reasonable lawyers’ fees, made by any third party, due to or arising out of your use of the Site, your connection to the Products and Services, or your violation of these Terms of Use in connection with your use of the Site.

Changes in the Terms of Use

We reserve the right to change these Terms of Use at any time without prior notice. If we decide to change these Terms of Use, we will post those changes here. Your continued access to the Site shall be deemed to be acceptance by you of the then current Terms of Use, including any changes to these Terms of Use. We encourage you to visit this area of the Site frequently to stay informed.

Termination

Bayshore Specialty Rx reserves the right to terminate access to the Site or to any information made available on the Site in our sole discretion at any time and without notice. Bayshore Specialty Rx shall not be liable to you or to any third party for the termination of access to the Site.

Your Use of this Site

By using this Site, you agree not to do any of the following while visiting or using this Site or any services provided by or through this Site:

Disrupt or intercept our electronic information posted on this Site or on any of our servers;
Attempt to circumvent any security features of this Site;
Impersonate or misrepresent your affiliation with any person or entity;
Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation;
Post or transmit any material that is defamatory, offensive, profane, indecent, hateful, threatening, obscene, or unlawful;
Intimidate, abuse, stalk, threaten, harass or violate the legal rights of any other user of the Site;
Post or transmit any software which contains a virus, spyware, trojan horse, worm or other harmful component;
Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law;
Access or use password protected, secure or non-public areas of this Site without authorization;
Frame, repackage, or otherwise re-distribute any portion of this Site; or
Upload, or otherwise make available, files that contain images, photographs, software or other material that is protected by intellectual property laws, including trademark and copyright laws unless you own or control the rights thereto or have obtained all necessary

Governing Laws and Waiver

The laws of the Province of Ontario and federal laws of Canada shall govern these Terms of Use. You and Bayshore Specialty Rx agree to submit to the jurisdiction of the courts located within the Province of Ontario in relation to claims arising under or related to these Terms of Use. Bayshore Specialty Rx failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. These Terms of Use constitute the entire agreement between you and Bayshore Specialty Rx with respect to the Site, superseding any prior agreements between you and Bayshore Specialty Rx with respect to the Site. You may also be subject to additional terms and conditions that may apply when you contract for Products and services with Bayshore Specialty Rx.

Copyrights and Trademarks

Copyright © 2010, Canadian Bayshore Specialty Rx Ltd. All Rights Reserved. Other than for non-commercial use, the material on the Site may not be reproduced in any form, or by any means, without the prior written permission of Bayshore Specialty Rx Ltd. You are free to use the content for non-commercial purposes provided that you do not modify, disassemble or alter it in any way, and provided that you retain all copyrights and proprietary notices contained in the content and acknowledge the source.

Certain names, words, titles, phrases, logos, icons, graphics or designs on the Site may constitute registered or unregistered trademarks, trade names, product names, service names, slogans, icons or logos of Bayshore HealthCare or third parties that are used under license. Unless otherwise indicated, their use and reproduction is strictly prohibited. If you would like to use any information or materials in the Site, please call 1•877•289•3997.

How to Contact Us About Terms of Use

Should you have any questions or concerns about these Terms of Use, please e-mail us at mcare@bayshore.ca or call 1•877-289-3397.

Bayshore's community-based health care services are governed by ISO 9001 quality standards. Bayshore is committed to ensuring the confidentiality and protection of personal information.

®™ Trademarks of Bayshore Specialty Rx Ltd.