Terms of Use
These Terms of Use (the “Terms of Use”) govern and apply to your use of the www.neovasc.com (the “Website”) of Neovasc, Inc. (“Neovasc”, “we”, “us” or “our”).
Please read these Terms of Use before using this Website. Your use of the Website is also subject to the provisions of Neovasc’s Privacy Notice. By using this Website you agree to these Terms of Use and you consent to the collection, use, storage, disclosure or processing of your personal information in accordance with the Privacy Notice. If you do not agree and consent, please do not use the Website.
Information on the Website
The Website is intended for informational purposes only and is provided solely on an “as is” and “as available” basis.
We use reasonable efforts to include accurate and up-to-date information on the Website. However, the Neovasc Group makes no warranties or representations as to the accuracy of the information. The Neovasc Group assumes no liability or responsibility for any errors or omissions in the contents of this Website.
The Website may include general information and health-related information. The information provided on this Website is not a substitute for medical care. If you have, or suspect you have, a health problem, you should always consult with a licensed healthcare professional.
Neovasc’s Products
Products shown on the Website may not be available in all countries or may be known by a different name. Indications for use may vary from country to country. You should always check with a local qualified health care professional and read the Instructions for Use prior to use.
Data Privacy
Please read our Privacy Notice for information about the practices of Neovasc and its affiliates (together the “Neovasc Group”) with respect to the collection, use and disclosure of personal information. The collection, use and disclosure by the Neovasc Group of personal information provided through this Website is subject to this Privacy Notice.
Copyright
All content, including but not limited to text, software, sound, photographs, video, graphics and other material contained on this website (“Content”) is proprietary and protected by copyright and/or other intellectual property rights of the Neovasc Group or its third-party licensors.
You may download, view, copy and print Content solely for personal non-public, informational purposes provided that any and all copyright, trademark and other intellectual property right notices appear on all copies, the Content is not modified or altered in any way and no graphics is used separate from the accompanying text. Any Content downloaded is at your own risk and you are solely responsible for any prejudice or damage resulting from the download of any such Content.
You may not use any Content in a manner that suggests an association with any of our products, services or marks. You may not add, delete, distort or misrepresent any content on the Website. You are not authorized to redistribute or sell the Content or to reverse-engineer, disassemble or otherwise convert it to any other form. Any attempts to defeat or circumvent any security features of the Website or Content are prohibited.
Other than as specifically stated above, you are not granted any right, title or interest in, or any license or authorization, to use this Website or any Content. Neovasc disclaims any liability if your use of Content infringes the copyright or other intellectual property rights of third parties.
User feedback
Any feedback that you provide in relation to the Website or through the Website will be deemed to be non-confidential and non-proprietary, and the Neovasc Group will be free to compile, use and redistribute the feedback for any purpose without restriction and without compensation to you.
Unsolicited ideas
To avoid potential misunderstandings and disputes, the Neovasc Group and its employees do not accept, review or consider unsolicited ideas, including but not limited to ideas for product enhancements, new products, services, technologies, processes, marketing strategies, product names or content (“Ideas”).
If, despite our request to not send us your Ideas, you still submit them through this Website or to an email address contained herein, you agree that by the submission you assign, free of charge all worldwide rights, title and interest in your Idea and any related intellectual property rights to Neovasc. Neovasc has no obligation to review the Idea and no obligation to keep the Idea confidential.
Trademarks
“NEOVASC”, “NEOVASC REDUCER”, and “TIARA” are trademarks of Neovasc or its licensors, may not be used without written permission. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Nothing contained in this website transfers any right, title or interest in or grants any license or consent to use any trademark, service mark or logo used on this website. Any rights not expressly granted herein are reserved.
Inappropriate Use
Any use of the Website for the purpose of sending, or to facilitate or encourage the sending of, unsolicited commercial electronic message or unsolicited bulk communications is prohibited. You are prohibited from using the Website in any manner that may violate the rights of any third party, including any privacy rights, or otherwise in violation of applicable law.
Links
This Website may include links to other websites that are not under the control of the Neovasc Group. These links are offered for your convenience only. The Neovasc Group is not responsible for the content of such websites and shall not be liable for any damages or injury arising from the content of any other website.
Any link to this Website does not represent in any way, either explicitly or by implication, that the party linking to this Website has received the endorsement, sponsorship or support of the Neovasc Group. Any hypertext link that you establish to this website must not state or imply any sponsorship or endorsement of your website by the Neovasc Group and you may not incorporate any Content of this Website elsewhere.
Disclaimer
To the fullest extent permitted by applicable law, the Website and the Content are provided on an “as is” and “as available” basis. The Neovasc Group and their respective officers, directors, employees, agents, affiliates, suppliers, licensors, successors and assigns disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, merchantable quality and fitness for a particular purpose, and expressly disclaim any representation or warranty that the Website will be free from errors, viruses or other harmful components, that the functionalities will be uninterrupted, that communications to or from the Website will be secure and not intercepted, or that the Content will be accurate, complete, current, adequate, or timely. To the fullest extent permitted by applicable law, in no event shall the Neovasc Group be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website or the Content, even if advised of the possibility of such damage.
Changes, Termination or Suspension
Neovasc may amend or modify these Terms of Use from time to time, without further notice to you, posting a revised version on the Website. Please check these Terms of Use regularly for any updates. Your continued use of the Website after any update is posted means that you accept those changes.
Neovasc also reserves the right to delete, modify or supplement the content of this Website at any time, for any reason and at its sole discretion, without notice.
Neovasc to terminate all or any part of this Website, or suspend your access to the Website, at any time without notice to you.
Governing law
This Website is intended for use by persons located in Canada and the United States only. If you use the Website from locations outside of Canada or the United States, you are responsible for compliance with applicable local laws.
To the full extent permitted by applicable law, these Terms of Use are governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada, without reference to conflict of laws principles, and the federal laws of Canada applicable therein. Any dispute shall be submitted exclusively to the courts of competent jurisdiction in the Province of British Columbia, Canada.