By using this website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual NeoBiotika Network web site.
2. RIGHT TO ACCESS
You acknowledge and agree that NeoBiotika may terminate your access to the NeoBiotika Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by NeoBiotika. Any such termination shall be in NeoBiotika sole discretion and may occur without prior notice, or any notice. NeoBiotika further reserves the right to terminate any user's access to the NeoBiotika Network or to any of the Products and Services for any conduct that NeoBiotika, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to NeoBiotika or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal, or foreign laws or regulations. NeoBiotika further reserves the right to terminate any user's access to the NeoBiotika Network for any reason or for no reason at all, in NeoBiotika's sole discretion, without prior notice, or any notice.
All information contained on this site is copyright (c) NeoBiotika. All rights reserved. The information contained on this site may not be copied, published, distributed, broadcast or otherwise used for any purpose whatsoever without the prior written consent of NeoBiotika.
4. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as, legal, financial, medical or expert advice of any kind. NeoBiotika is not responsible for typographical errors, editing errors, or news source errors. THE NeoBiotika NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
5. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NeoBiotika DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NeoBiotika DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. NeoBiotika SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NeoBiotika DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. NeoBiotika DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. NeoBiotika DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. NeoBiotika MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY NeoBiotika.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL NeoBiotika Inc., ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NeoBiotika OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NeoBiotika NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHT THE NeoBiotika NETWORK.
UNDER NO CIRCUMSTANCES SHALL NeoBiotika OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
7. EXTERNAL LINKS
NeoBiotika may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the NeoBiotika Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. NeoBiotika has no control over such sites and resources. You acknowledge and agree that NeoBiotika is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NeoBiotika shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the NeoBiotika Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NeoBiotika shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
NeoBiotika encourages you to exercise discretion while using the Products and Services to browse the Internet. NeoBiotika may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. NeoBiotika makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to the NeoBiotika Network web sites. NeoBiotika shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the NeoBiotika Network search results or otherwise linked to the NeoBiotika Network web sites or provided to the NeoBiotika Network by third parties.
8. Linking to the NeoBiotika Network
The NeoBiotika Network offers a non-assignable, non-transferable, and non-exclusive license to link to the NeoBiotika Network web sites, using the NeoBiotika Network logos and search boxes, subject to the following provisions. The NeoBiotika Network logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the NeoBiotika Network and allowing users of your site to access the NeoBiotika Network. The NeoBiotika Network logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the NeoBiotika Network. The NeoBiotika Network logos and search boxes may only be used in accordance with the instructions found here, and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The NeoBiotika Network logos and search boxes may not be altered in any manner. The NeoBiotika Network logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The NeoBiotika Network logos and search boxes may not be used to disparage the NeoBiotika Network, its products or services, or in a manner which, in NeoBiotika's reasonable judgment, may diminish or otherwise damage NeoBiotika's good will in the NeoBiotika Network logos. By using any such NeoBiotika Network logo or search box, you acknowledge that the NeoBiotika Network has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of the NeoBiotika Network. NeoBiotika reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. NeoBiotika reserves the right to take action against any use that does not conform to these provisions.
9. NO LICENSE; INTELLECTUAL PROPERTY OF NeoBiotika AND OTHERS
Except as expressly provided, nothing within any of the WEBSITE shall be construed as conferring any license under any of the NeoBiotika Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the NeoBiotika Network and the WEBSITE is protected by copyright, trademark, patent, or other proprietary rights of NeoBiotika and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by NeoBiotika in connection with the WEBSITE. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by NeoBiotika, any of NeoBiotika's affiliates, or any of NeoBiotika's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the NeoBiotika Network of any purpose other than the purpose for which such Content is made available to users by NeoBiotika. You agree not to defame or disparage NeoBiotika, the trademarks or service marks of NeoBiotika, or any aspect of the WEBSITE. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the WEBSITE or any software or programs used in connection with the WEBSITE or the NeoBiotika Network.
10. INDEMNITY AND RELEASE
By using the NeoBiotika Network web sites you agree to indemnify NeoBiotika, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the NeoBiotika Network web sites, your use of the WEBSITE, or your submission of ideas and/or related materials to NeoBiotika or from any person's use of any account or password you maintain with any portion of the NeoBiotika Network, regardless of whether such use is authorized by you. By using the NeoBiotika Network, using the WEBSITE, or submitting any ideas and/or related materials to NeoBiotika, you are hereby agreeing to release NeoBiotika and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the WEBSITE or to any disputes regarding use of ideas and/or related materials submitted to NeoBiotika. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF QUEBEC CIVIL CODE, WHICH PROVIDES
" A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the NeoBiotika Network or the WEBSITE must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
12. FAIR USE
The NeoBiotika Network publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. NeoBiotika transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
NeoBiotika has no intention to compete with the original copyrighted content. Rather, it is NeoBiotika's intention to promote such content and deliver readers to such content. Accordingly, when NeoBiotika cites a copyrighted work for commentary or criticism, NeoBiotika acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which NeoBiotika requests absolutely no payment or consideration.
13. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the NeoBiotika Network to respond expeditiously to claims of intellectual property infringement. NeoBiotika will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the NeoBiotika Network will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The NeoBiotika Network will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
240 Du Parc,
Ste-Anne-Des-Monts, Qc., Canada G4V 2C4 (418) 763-4158
Please put "Notice of Infringement" in the subject line of all such notifications. When NeoBiotika removes or disables access to any material claimed to be infringing, NeoBiotika may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although NeoBiotika makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. NeoBiotika will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before NeoBiotika replaces or restores access to any material as a result of any counter notification.
14. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the WEBSITE, all legal issues arising from or related to the use of the WEBSITE shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Quebec applicable to contracts entered into and wholly to be performed within said province. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the WEBSITE shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Quebec, and judgment on the arbitration award may be entered into in any Quebec province court, having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any court in Quebec having jurisdiction thereof. Except as set forth above, the courts of Quebec shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the WEBSITE. By using the WEBSITE and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the courts in Quebec with respect to all such disputes.
15. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
The NeoBiotika Network reserves the right to modify the WEBSITE from time to time, for any reason, and without notice, including the right to terminate the WEBSITE. The NeoBiotika Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between NeoBiotika's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual NeoBiotika Network web site or in connection with the WEBSITE are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any information available on or through the web site or the respective content location at which those other provisions may be found.
17. NON-WAIVER AND SEPARABILITY
NeoBiotika's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
18. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of NeoBiotika.
19. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
20. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the WEBSITE, unless specifically terminated earlier by NeoBiotika. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
21. COMMUNICATIONS WITH USERS
You consent to receive communications from NeoBiotika concerning your use of the WEBSITE ("Communications"). The Communications may be those that NeoBiotika is required to send to you by law concerning the WEBSITE ("Required Communications"). The Communications may also be those that NeoBiotika sends to you for other reasons. You consent to receive Communications electronically. NeoBiotika may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on the NeoBiotika Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which NeoBiotika sends Communications by visiting your account information page.
22. SUBMISSIONS OF IDEAS
The NeoBiotika Network is always improving its WEBSITE and developing new features. If you have ideas regarding improvements or additions to the NeoBiotika Network, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO NeoBiotika BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO NeoBiotika, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO NeoBiotika THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT NeoBiotika IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY NeoBiotika, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
23. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of NeoBiotika and the NeoBiotika Network, NeoBiotika reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on any and all of the NeoBiotika Network web sites.
24. SUBMITTED CONTENT
You hereby agree that all content you submit to NeoBiotika, via web forms, email to the editor, email to employees, phone calls, faces or other form of communication shall become the sole property of NeoBiotika and may be used by NeoBiotika in any way whatsoever, without limitation.
We hope your enjoyment of NeoBiotika' WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the NeoBiotika community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.