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Terms & Conditions

Terms & Conditions

WEBSITE TERMS OF USE

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE. ACCEPTANCE OF THESE TERMS OF USE AND ANY REVISIONS THERETO

GenCare Inc. (“GenCare”) provides this website (the “Website”) to you subject to your acceptance of the following terms and conditions of use (these “Terms of Use”). By accessing or using the Website, you agree to be bound by these Terms of Use without limitation or qualification. If you do not agree to be bound by these Terms of Use, you must not access or use the Website any further.

GenCare may, at any time, without notice or liability, revise these Terms of Use by updating this posting. You should periodically revisit this posting to review any revisions to these Terms of Use. If any revision is not acceptable to you, you must cease accessing and using the Website. If you continue to access or use the Website after any revisions are posted you will be deemed to have accepted those revisions.

USE AND RESTRICTIONS

You may access and use the Website and the information, features and services thereon, including any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and the “look and feel” of the Website (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms of Use.

Subject to these Terms of Use, GenCare grants you a non-exclusive, non-transferable, revocable licence to use the Website and the Content solely for your own personal and non- commercial use provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content.

Except as set forth herein, you must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, display, post, disseminate, distribute, publish, broadcast, transfer, transmit, perform, create derivative works from, sell or sublicense the Content without the express written consent of GenCare. These prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).

GenCare is not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, the Website or any Content rests with you. You further agree that GenCare shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Website or any Content.

INTELLECTUAL PROPERTY RIGHTS

The Website is owned and operated by GenCare. The Website and all of the Content are, and at all times remain, the property of GenCare, its affiliates or third-party licensors. The Website and all of the Content are protected by Canadian, United States and international intellectual property laws. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by GenCare may be subject to additional restrictions.

Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of GenCare (the “GenCare IP”) or third parties (the “Third Party IP”). GenCare is, and at all times remains, the sole owner of the GenCare IP. The display of the Content, the GenCare IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the GenCare IP or the Third Party IP. Use of any of the Content, the GenCare IP or the Third Party IP, without the prior written consent of GenCare, is strictly prohibited.

THIRD PARTY WEBSITES AND CONTENT LINKED TO THE WEBSITE

The Website may contain links to third party websites or content posted on third party websites (the “Links”). GenCare provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.

You acknowledge that in providing the Links, GenCare:

  1. does not endorse any third party website or content accessible via the Links;
  2. does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website or content;
  3. does not make any representation or warranty of any kind regarding the Links;
  4. is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
  5. is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.

You agree that you are solely responsible for:

  1. taking all protective measures to guard against viruses and other destructive elements;
  2. abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
  3. evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.

LINKS TO THE WEBSITE ON THIRD PARTY WEBSITES

If you want to include a link to the Website on your website (the “Third Party Link”),You must:

  1. provide GenCare with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
  2. obtain the prior written consent of GenCare to establish the Third Party Link and abide by any terms and conditions required by GenCare as part of its consent.

GenCare may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to You. Upon exercise of this right by GenCare, you must immediately remove all of your links to the Website. If you refuse or neglect to remove all of your links to the Website, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to GenCare and that GenCare shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.

GenCare is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.

DISCLAIMERS

You expressly understand and agree that:

  1. The Content and the Links are provided for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
  2. The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, either express or implied.
  3. GenCare, does not make any, and to the maximum extent permitted by law, expressly disclaims all representations, warranties, covenants and conditions, express or implied by operation of law or otherwise, with respect to the Website, the Content and/or the Links, including, without limitation:
    • Warranties or conditions of title and non-infringement;
    • Implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
    • Warranties or conditions that the Content will be useful or meet your requirements or expectations or that the Content or Website will be available, uninterrupted, timely, secure, error free, or free of defects, computer viruses or other harmful components;
    • Warranties or conditions as to privacy or security; and
    • Warranties or conditions arising from any course of dealing, course of performance or usage of trade, with respect to the website, the content or the links.
  4. No advice or information, whether oral or written, obtained by you from GenCare, or from the Website, shall create any warranty not expressly stated in these Terms of Use.

LIMITATION OF LIABILITY

You expressly understand and agree that in no event will GenCare, or its affiliates, and each of their respective directors, trustees, officers, employees and agents have any responsibility or liability in connection with the website for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation, direct, indirect, special, punitive, exemplary or consequential damages or other damages arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the website, any content or any links or failure of the website or any links (including, without limitation, any damages suffered as a result of omissions or inaccuracies in the website, any content or any links or the transmission of confidential or sensitive information to or from the website or any links). These limitations apply to the maximum extent permitted by law and even if the party liable or allegedly liable had been advised of the possibility of such damage or loss or if such loss or damage was foreseeable.

You expressly acknowledge that GenCare is entering into these Terms of Use and is making the Website, Content and Links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and GenCare. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by GenCare of your use of, or access to, the Website.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. You are an individual and have reached the age of majority in the jurisdiction in which you are resident.
  2. You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
  3. You will use the Website only for your personal and non-commercial use and only as authorized by these Terms of Use.
  4. You are fully able and competent to enter into, and abide by, these Terms of Use.

INDEMNITY

You agree to defend, indemnify and hold harmless each of GenCare, its affiliates and each of their respective directors, trustees, officers, employees, and agents from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:

  1. your breach of any of these Terms of Use; or
  2. your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links.

CHANGES TO THE WEBSITE

GenCare may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content, any of the Links, and these Terms of Use. GenCare reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.

CHOICE OF LAW

You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of law principles. GenCare and you each agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

PRIVACY

Any of your personal information which GenCare collects via the Website is subject to GenCare’s Website Privacy Statement which is available by contacting GenCare and is incorporated by reference into these Terms of Use.

GENERAL

These Terms of Use constitute the entire agreement between GenCare and you with respect to your use of the Website including, without limitation, any of the Content and/or any of the Links. These Terms of Use supersede all prior communications, representations or agreements, either oral or written, between GenCare, and you with respect to the Website. Additional terms and conditions may apply when you use Content provided by any other user or third party or any of the Links.

If any section (or part thereof) of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of these Terms of Use, which shall remain in full force and effect. GenCare’s failure to insist upon or enforce strict performance of any section of these Terms of Use or any right shall not be construed as a waiver of any such section or right.

These Terms of Use shall ensure to the benefit of GenCare and its affiliates. GenCare may assign its rights and duties under these Terms and Conditions at any time without notice to You. You may not assign your rights and duties under these Terms of Use to any individual or entity at any time.

CHANGES & TERMINATION

GenCare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, you acknowledge and agree that GenCare may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links. You agree that GenCare will not be liable to You or any other individual or entity as a result of any such suspension or termination.

CONTACTING GENCARE

Any communications to GenCare in regards to these Terms of Use and/or the Website, may be made to:

GenCare Services Limited

Address: 360 Sovereign Road, London, ON N6M 1A8

Phone: (519) 659-7118

Fax: (519) 659-7301

Email: info@GenCare.com