TM and ® denote trademarks and registered trademarks of Exzell Pharma.
LAST REVISED: NOVEMBER 2012
These web site terms and conditions of use (the “Terms and Conditions”) is a legal agreement between the visitor (“You”) to this web site located at www.esoph.ca (the “Site”) and EsopH™, a division of Exzell Pharma Inc., (“EsopH”) concerning your access to and use of this Site. In consideration of EsopH™ providing you with access to this Site, through your access to and use of the Site, you accept and agree, without limitation or qualification, to the Terms and Conditions and that you intend to be legally bound by them.
If you do not agree with these Terms and Conditions you may not access or use the Site.
This Site contains information and resources related to EsopH™ and its products and related health and well-being information (the “Site Content”), and is provided by EsopH™ solely and exclusively for the purpose of enhancing your understanding, use and enjoyment of EsopH™ products.
Although accessible by others, the Site and the Site Content are intended for access and use by residents of Canada only.
HEALTH AND MEDICAL CONDITIONS AND INFORMATION
The Site may, from time to time, contain health related information, including as relating to various medical conditions and their treatment. Should a medical condition arise or persist, you are strongly advised to promptly see your physician or other medical professional.
RIGHT TO ACCESS AND USE
EsopH™ grants you a personal, non-transferable and non-exclusive license to access, read, download and print the Site Content (which includes without limitation, all data, images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials) which is displayed on the Site from time to time solely and exclusively for your personal and private, non-commercial use. You may not distribute, modify, transmit, reuse, repost or use any Site Content for public or commercial purposes, without the express written permission of EsopH™. You may, to the extent available to do so and subject to these Terms and Conditions, use the Site to access such other related information, materials and services as may be made available from EsopH™ through the Site from time to time hereafter. You agree that you acquire absolutely no rights or licenses to any Site Content other than the limited right to access and use the Web Site and Site Content in accordance with these Terms and Conditions. EsopH™ reserves the right to take such steps as it deems necessary, including legal action, to restrain an unauthorized use of the Site or Site Content. EsopH™ also reserves the right to change, modify, suspend, or discontinue the Site or any Site Content at any time without notice at its sole discretion and for any reason and without further obligation or liability to you. Changes may be periodically made to the Site and/or the Site Content and may be made at any time without notice to you. If you are dissatisfied with the Site, the Site Content your use thereof or with any of the terms, conditions, guidelines, practices or policies of EsopH™ in operating the Site you agree that your sole and exclusive remedy shall be to discontinue using the Site.
The Site may include hypertext links to other web sites solely for the purpose of helping you identify and locate other sources of information that may be of interest. Any such links do not imply an endorsement of (including that EsopH™ has reviewed such sites) or association with such third party web sites and EsopH™ is not responsible for such third party web sites or the information contained on such third party web sites. Use of third party web sites is entirely at your sole discretion and risk. You may not create links from other web sites to this Site. Any copying, republication or redistribution of any part of the Site or Site Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of EsopH™.
SITE USE RESTRICTIONS
You agree that when using the Site you will not: (i) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (ii) post material for advertising or commercial solicitation; (iii) post or transmit content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party; or (iv) post or transmit content which is indecent, obscene or pornographic or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law. You may not use any spider. robot or other automated or electronic agent to monitor or copy web pages or any Site Content from the Site or for any other purpose in connection with your access to and use of the Site. You shall not take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Site or to shut down, overload or overwhelm the Site.
The Site Content is made available for informational purposes only. While EsopH™ has made reasonable efforts to ensure that all Site Content is accurate and up to date. EsopH™ does not guarantee that any Site Content is error free, complete, accurate, reliable or current.
You acknowledge and agree that this Site, EsopH™ and/or the Site Content does not purport to provide medical, health or other professional advice and nothing on the Site, in the Site Content or in these Terms and Conditions shall be taken, implied or construed as an offer to provide, or a provision of, medical or health advice or as a recommendation for any specific course of action. Any information offered in relation to the nutritional content or health benefits of any EsopH™ products or in relation to other health issues is general in nature and is provided for informational purposes only. It is not a substitute for professional health or medical advice and it should not be relied upon. Countries other than Canada may have regulatory requirements or medical practices that are different than those of Canada and may require reference to different or additional information. Therefore, the Site Content may not be appropriate outside of Canada.
You agree the site and site content are provided on an “as is” basis, and is for your personal, private use only with any representations or warranties of any kind or nature whatsoever. EsopH™, to the fullest extent permitted by law, disclaims all express or implied conditions, representation and warranties, of any kind or nature and makes no warranties about the accuracy, reliability, completeness, or timelines or any site content or the site or any third party information.
EsopH™ is not responsible for errors or delays in transmission over the internet and does not warrant that the site will operate error free or uninterrupted or that the site or any site content if free of computer viruses and other harmful elements or that the site or site content will meet your requirements or expectations.
In no event shall EsopH™ or any of its officers, directors, employees or agents, be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages, harm, injury, cost expense or other losses or any kind or nature whatsoever (whether based on warranty, contract, tort, equity, strict liability, patent or copywrite infringement or any other legal theory) resulting from the use of, or the inability to make use of, the site or any site content (including without limitation in any connection with the transmission or downloading of any site content from the site or submissions to the site or any lost files, data or information supplied by you) or the use of, or your reliance on, any site content or other information contained on the site, whether or not EsopH™ is advised of the possibility of such damages or ought to have reasonably known of the potential for such damages.
PRIVACY AND COLLECTION & USE OF PERSONAL INFORMATION
In addition to complying with these Terms and Conditions, you agree to use the Site and Site Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Site shall not be used where, and to any extent, such use is prohibited by law. Your use of the Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Site due to any restriction whatsoever.
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site or in the Site Content may constitute trademarks or trade names of EsopH™, its affiliates, related companies, their licensors or other third parties. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right to use any such trade-marks, names, marks, or other intellectual property rights of EsopH™, its affiliates, related companies or their licensors or any other third party. Any unauthorized use or display of any such trade-marks or trade names is strictly prohibited.
LOCATION AND LAW
The Site is physically located on servers at, and is administered by EsopH™ from its offices in, Province of Ontario, Canada. By accessing the Site, you and EsopH agree that all matters relating to access to, or use of the Site and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Ontario, Canada, and shall, together with these Terms and Conditions, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof. You and EsopH™ also agree and hereby irrevocably submit and attorney to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
You agree to defend, indemnify, and hold harmless EsopH™, its affiliates and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the Site, your use of the Site Content or your breach of these Terms and Conditions.
If, in any jurisdiction, any of these Terms and Conditions is held to be unenforceable by a court of competent jurisdiction, such Terms and Conditions shall be restricted or eliminated to the minimum extent necessary and the remaining Terms and Conditions shall otherwise remain in full force and effect. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ENTIRE AGREEMENT AND ASSIGNMENT
No supplement, modification or amendment to these Terms and Conditions proposed by you shall be binding on EsopH™ unless agreed to by EsopH in writing. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such Term and Condition or any other term or condition. All waivers by EsopH™ must be in writing and signed by an authorized representative of EsopH™.
All notices and communications by or to a party shall be in writing and shall be made via e-mail to email@example.com for notices to EsopH™, or to the e-mail address that you may provide to EsopH in connection with your use of the Site. Either party may revise its contact information by sending the other the corrected email address to the address specified in the preceding sentence. EsopH™ may also broadcast notices or messages, or other matters of importance, on the Site; and you agree that such broadcasts shall constitute notice to you whether or not you actually access the communication or notice via the Site. Notice by e-mail or posting on the Site shall be deemed given forty-eight (48) hours after the e-mail is sent or is posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.
The disclaimers, limitations on liability, interpretative provisions, your warranties and indemnities shall survive any termination or expiration of these Terms and Conditions.
The Site may include sections and/or content provided by third parties (“Third Party Contributors”), including but not limited to the section known as “Ask Dr. Elvis”. The views and opinions expressed by Third Party Contributors are the views and opinions of the Third Party Contributors and do not necessarily reflect the views and opinions of EsopH™, the National Health Products Directorate or Health Canada. Further, and without limiting the generality of the foregoing, the inclusion or posting of any such section or content on the Site does not imply an endorsement of the content (including that EsopH™ has reviewed such content) and EsopH™ is not responsible for the content provided by Third Party Contributors.