Terms of Use

Last Revised November 27, 2017

1. GENERAL

This website is provided by TMI Medical Distribution Inc.

You may access, browse or otherwise use our website only if you agree to these Terms of Use. By accessing, browsing or otherwise using our website you agree to these Terms of Use without qualification, including any changes that may be made to these Terms of Use by us from time to time.

The last date these Terms of Use were changed or otherwise revised is set out above. We reserve the right to make changes from time to time to the content of our website, including these Terms of Use, without prior notice. Please review these Terms of Use each time you visit our website.

The words "we", "our" or "us" as used in these Terms of Use mean TMI Medical Distribution Inc.

2. INFORMATION ON OUR WEBSITE

Most of the information on our website relates to our products. Information on our website is not intended to and cannot replace the relationship you have with your health care professional. You should always talk to your healthcare professional for diagnosis and treatment.

Some or all of the products featured on our website may not be available for sale or use in your jurisdiction. The fact that a product is shown on our website does not imply that the product is available, or that we intend to make it available, for sale or use in your jurisdiction. Please consult with our Customer Service Department (customerservice@tmimd.com) if you have any questions regarding the availability of a product for sale or use in your jurisdiction.

The terms and conditions governing the sale of products featured on our website consist only of those terms and conditions of sale as set out in a written agreement signed by us and the buyer or as set out in an electronic agreement as provided for on our website. If no such written or electronic agreement exists, then the terms and conditions of sale will consist only of those terms and conditions set out in and attached to our order acknowledgment / acceptance form. Nothing in our website, including, without limitation, any statements regarding capacity, suitability for use, or performance, is to be construed as a representation, warranty, or condition by us with regard to any of the products for any purpose whatsoever.

3. COPYRIGHT AND TRADE-MARKS

All content of this website, including its design, text, graphics, the selection and arrangement thereof, is owned or controlled by us and is protected by international copyright laws. You may download and make one hard copy of the content of this website for personal, non-commercial use only, provided you attach the Terms of Use to your copy and keep intact all copyright and other proprietary notices. The content of this website shall not otherwise be downloaded, copied, stored in machine readable form, reproduced, disseminated, adapted, modified or otherwise used, without first obtaining our written permission.

Except for the trade-marks indicated as owned by others, all trade-marks, trade names and trade dress shown on our website are owned by us or our affiliates and are protected in Canada and internationally. You may not use any of the trade-marks, trade names or trade dress shown on our website for any purpose, except as authorized in writing by the owner.

Except for the limited permission provided for in the first paragraph of this section regarding copyright, nothing in our website is to be construed as granting any license or right to anyone under any of our, our affiliates', or our licensors' intellectual property rights, including, without limitation, copyright, patents, and trade-marks.

4. CONFIDENTIALITY

Subject to our Privacy Policy and any written agreement signed by you and us, electronic communications, or other communications, transmitted by you to us through our website or otherwise will be received by us on a NON-PERSONAL, NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS and we will be entitled to the free and unrestricted use of the content of your communications for any purpose, commercial or otherwise.

5. PERSONALLY IDENTIFIABLE INFORMATION

The collection of personally identifiable information on our website and the use and disclosure of the information is governed by the terms of our Privacy Policy.

6. YOUR CONDUCT

Your use of our website must be for lawful purposes only and must comply with these Terms of Use. You will not take any action that might compromise the security of our website, render our website inaccessible to others or otherwise cause damage to our website or that might interfere with our rights or those of third parties.

7. DISCLAIMER / LIMITATION OF DAMAGES

We make no representations or warranties with respect to the currency, completeness, or suitability for any purpose of the content of our website. The content from or through this website is provided "AS IS", "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We assume no liability for any damages or injuries resulting from your access to, browsing, or other use of or inability to use our website, including, without limitation, any liability for any damages caused by viruses contained within the electronic files on our website, including, without limitation, any hyperlinked websites. You are responsible for taking all necessary precautions to ensure that any content you obtain from our website is free of viruses and any other potentially destructive computer code.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED WITH US WILL BE LIABLE TO YOU OR OTHERS, UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGILIGENCE) OR ANY OTHER LEGAL THEORY OF LIABILITY, FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF DATA, RESULTING FROM OR RELATING IN ANY WAY TO YOUR ACCESS TO, BROWSING, OR OTHER USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY HYPERLINKED WEBSITE, AND EVEN IF WE OR ANY PERSON OR ENTITY ASSOCIATED WITH US HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF ANY DISCLAIMER, LIMITATION AND EXCLUSION OF LIABILITY IS FOUND TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE TOTAL CUMULATIVE LIABILITY, IF ANY, WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED $25 CAD.

8. LINKS TO OTHER WEBSITES

Our website may contain links or pointers to other Internet websites. The links and pointers do not constitute endorsements of any products or services in any of those Internet websites, and no content of any of these websites is endorsed or approved by us. Your use of third party links provided for under our website is "at your sole risk".

9. LAW APPLICABLE TO DISPUTES

Our website is controlled, operated and administered within the Province of Ontario, CANADA. You confirm that your agreement to the Terms of Use was made in London, Ontario and that the validity, interpretation, and enforcement of these Terms of Use, and your and our rights and liabilities, will be governed by Ontario domestic law. By browsing, accessing or otherwise using our website, you hereby irrevocably consent to the exclusive jurisdiction and venue of the Ontario Courts with regard to all disputes of any nature whatsoever resulting from or in any way relating to your access to, browsing of, or other use of or inability to use our website, including, without limitation, any hyperlinked websites.

10. SEVERABILITY/WAIVER

These Terms of Use constitute the entire agreement between you and us with respect to your access, browsing or other use of our website. If any portion of these Terms of Use are declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable portion of the Terms of Use will be deemed severed and the remaining Terms of Use will continue in force and all rights and remedies accrued under the valid and enforceable Terms of Use will survive the declaration. To the fullest extent permitted under applicable law, any invalid or unenforceable Terms of Use will be replaced by a provision which, being valid and enforceable comes closest to the intention underlying the invalid or unenforceable provision.

No waiver by us of any violation by you of any of these Terms of Use will be effective unless made by written instrument signed by us. Any waiver given by us will not constitute a waiver of any prior or subsequent violation by you of any of these Terms of Use.

11. LANGUAGE

If you are a resident of any jurisdiction where the native language is not English, you confirm that you have requested and have consented to these Terms of Use being drafted in the English language.

Copyright© TMI Medical Distribution Inc. (2013-2017). The use of our site is governed by our Terms of Use and Privacy Policy.

Last Revised: November, 2017

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