Revised as of January 1, 2017
1. Use of this Site. (a) To use this Site, you must reside in Canada and be the age of majority in your province or territory of residence. By using this Site, you represent and warrant that you are of legal age to form a binding 10contract with BARD and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Site.
2. Disclaimers; Limitations of Liability. (a) BARD attempts to include up-to-date and accurate information on this Site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WHEN AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BARD (INCLUDING ITS AFFILIATES AND PROVIDERS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR CONTENT WILL (I) BE UNAVAILABLE AT SCHEDULED AND UNSCHEDULED TIMES, AND (II) NOT BE ERROR-FREE. IN ADDITION, BARD EXPRESSLY MAKES NO WARRANTIES REGARDING MATERIALS PROVIDED BY THIRD PARTY LICENSORS OR OTHER PROVIDERS, OR USE OF THIRD PARTY SITES, SYSTEMS OR SERVICES
(b) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER BARD NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY CONTENT SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE CONTENT HEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. IN ADDITION TO (AND WITHOUT LIMITING) THE FOREGOING, IF BARD, ITS AFFILIATES AND PROVIDERS HAVE ANY LIABILITY RELATING TO OR ARISING FROM THE SITE OR THE CONTENT DESPITE THE DISCLAIMERS AND EXCLUSIONS SET OUT ABOVE, THEIR MAXIMUM CUMULATIVE LIABILITY RELATED TO THIS SITE SHALL IN NO EVENT EXCEED $100 USD.
(c) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
(d) You understand that BARD cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus and other protection. BARD (INCLUDING ITS AFFILIATES AND PROVIDERS) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THIS SITE.
(e) THE CONTENT PROVIDED THROUGH THIS SITE (INCLUDING VIA ANY LINKS ON THIS SITE) MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS. BARD IS NOT A PUBLISHER OF SUCH CONTENT AND HAS NO EDITORIAL CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF BARD. YOU USE SUCH CONTENT ONLY AT YOUR OWN RISK. In addition, the content on this Site is presented only as of the date/time published or indicated, and may be superseded by subsequent events or for other reasons.
- use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site, or interfere with or attempt to interfere with the proper operation of the Site;
- engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
- impersonate others, including a BARD employee or representative, or other members or visitors to the Site;
- upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law;
- upload any commercial content or solicit others to join or become members of any other online service or other organization;
- use the Site for spamming, other advertising, other bulk message transmission, or other similar activity objectionable to us in our sole discretion;
- perform any data mining, scraping, harvesting, deep linking or other collection or monitoring of the Site, any individual pages on the Site, or any information, email addresses, code, graphics, tables, links, documents, attachments or other parts of the Site;
- modify, translate or create derivative works based on the Site or Content; or
- reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site.
5. Third Party Internet Sites and Links. This Site may contain links or references to other Internet sites maintained by third parties over whom BARD has no control. Such links are provided merely as a convenience. BARD does not review the content of such sites. Similarly, this Site may be accessed from third party links over which BARD has no control. BARD (INCLUDING ITS AFFILIATES AND PROVIDERS) MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION CONTAINED IN SUCH INTERNET SITES AND SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES OF ANY KIND ARISING FROM SUCH CONTENT OR INFORMATION. Inclusion of any third party link does not imply an endorsement or recommendation by BARD.
6. Medical Information. This Site may contain information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. No therapeutic relationship is created through any information that is posted on or disseminated through the Site. Neither the Site nor any information otherwise provided is intended to be medical, health or other professional advice and nothing on the Site or otherwise 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. You should not use the information contained herein for diagnosing a health or fitness problem or disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care professional. For any diagnosis or medically significant answer, you should always consult with a doctor or other healthcare professional without delay.
7. Forward Looking Statements. This Site may, from time to time, contain statements ("forward-looking statements") that include forward-looking information or are “forward looking statements” within the meaning of applicable securities laws. Forward-looking statements are based on management’s then-current expectations, the accuracy of which is necessarily subject to risks and uncertainties. Forward-looking statements are not historical in nature and can be identified by the use of words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “forecast,” “plan,” “believe” and other words of similar meaning in connection with discussions of future operating or financial performance. Many factors may cause actual results to differ materially from anticipated results and the results contemplated in the forward-looking statements, including product developments, sales efforts, income tax matters, share repurchases, acquisitions, the outcomes of contingencies such as legal proceedings, and other economic, business, competitive and regulatory factors. BARD undertakes no obligation to update its forward-looking statements. Please refer to the Cautionary Statement Regarding Forward-Looking Information in our Forms 10-K and 10-Q filed from time-to-time with the SEC for more detailed information about these and other factors that may cause actual results to differ materially from those expressed or implied.
9. Trademarks. All product names, trade names, service names, tag lines or logotype distinguished in form, text or otherwise from surrounding text, whether or not appearing in large print or with the trademark symbol, are trademarks, service marks, trade names and/or trade dress (collectively referred to as the "Marks") of BARD, its affiliates, related companies or its licensors (in fact or implied) or joint venture partners, unless otherwise noted. Such Marks are protected by the laws of Canada, the United States and/or other countries. No use of any of these Marks may be made without the prior, written authorization of the Mark owner, except as permitted by law. The use or misuse of these Marks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and other state and federal regulations and statutes. Be advised that BARD actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
10. Copyrights. The content of this Site, including but not limited to text, photographs, illustrations, video, sound and other material (collectively referred to as "Content") is subject to copyright protection. Except as expressly provided on this Site or otherwise permitted by applicable law, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit or otherwise use Content or any portion thereof in any form, or create any derivative work based on such Content, without the express written consent of BARD or the copyright owner. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, Mark or copyright of BARD, or any third party. Unless otherwise stated, all rights, title and interest in the Content, this Site and related materials are with BARD. You will not export any Content or other materials related to this Site outside of the United States without the express written consent of BARD. You will be solely responsible for complying fully with all applicable export laws and regulations of Canada, the United States and any other relevant jurisdiction, and will assure that none of Content or anything else related to the Site, or any portion or derivative thereof, is exported, directly or indirectly, in violation of Canadian or other applicable law.
11. Void Where Prohibited. This Site and its Content are for use only by persons located in Canada. BARD makes no claims that this Site or any of its Content is accessible or appropriate outside of Canada. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws. This Site links to other sites produced by BARD's various operating divisions and subsidiaries, some of which are outside Canada. Those sites may have information that is appropriate only to that particular originating country. BARD reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Site is void where prohibited.
14. Availability of Products. The products of BARD referred to on this Site may not be available in all countries. No representation is made by BARD as to the availability of a particular product in a particular country. For the availability of a particular product in your country, please contact us.
15. Physicians. BARD or any of its subsidiaries or affiliates may, through its Site, assist you in identifying a physician or clinic in your area. In such cases, BARD or its subsidiaries or affiliates does not have any ownership or direct financial interest in any of the specific physicians or clinics listed and does not endorse, certify or recommend any of these physicians or clinics. Neither BARD nor any of its subsidiaries or affiliates guarantees nor makes any warranties, express or implied, as to the quality of medical advice or care given by any physician or clinic.
17. Force Majeure. BARD, its affiliates and providers, will not be responsible for anything resulting from a cause over which BARD does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including cable and internet), unauthorized access, viruses, theft, change in law, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
19. Language. The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English. Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.