Last Updated: July 26, 2013
Welcome to the Internet sites of Orpyx Medical Technologies Inc. and its subsidiaries ("Orpyx"). "Orpyx Sites" include orpyx.com, connect.orpyx.com and other Internet sites on which these Terms of Use are posted. Orpyx is sometimes referred to herein as "we," "us" or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY ORPYX SITE. By using any Orpyx Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Orpyx Sites.
Note that special terms might apply to some services or features offered on certain Orpyx Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.
Orpyx may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.
Use of Content
The content contained on Orpyx Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in Canada, the United States and other foreign countries, and is owned or controlled by Orpyx or by third parties that have licensed their Content to Orpyx. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Orpyx Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Orpyx, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of Orpyx, "mirror" on any other server any material contained on any Orpyx Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Orpyx. The trademarks, logos and service marks (the "Marks") displayed on the Orpyx Sites are owned by Orpyx or third parties. You are prohibited from use of those Marks without the express, written permission of Orpyx or such third party. If you would like information about obtaining Orpyx's permission to use the Content on your Web site, e-mail webmaster@orpyx.com.
In the event that we offer downloads of software on a Orpyx Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, ORPYX HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
ORPYX SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, ORPYX'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Accounts
Some services on the Orpyx Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at webmaster@orpyx.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Orpyx Site.
We may suspend or terminate your account and your ability to use any Orpyx Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.
Orpyx's Liability
Orpyx makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Orpyx Sites and the Content. Any use of the Orpyx Sites and the Content is at your own risk. Changes are periodically made to Orpyx Sites and may be made at any time. Some Content on the Orpyx Sites may be provided by third parties and Orpyx will not be held responsible for any such Content provided by third parties.
ORPYX DOES NOT WARRANT THAT THE ORPYX SITES WILL OPERATE ERROR-FREE OR THAT THE ORPYX SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE ORPYX SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, ORPYX WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE ORPYX SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ORPYX, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Disclaimer of Certain Damages
Your use of the Orpyx Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the Orpyx Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the Orpyx Sites. IN NO EVENT WILL ORPYX OR ANY THIRD PARTIES MENTIONED AT THE ORPYX SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE ORPYX SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
Links to Other Sites
The Orpyx Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Orpyx of the contents on such third-party Web sites. Orpyx is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.
Indemnity
You agree to defend, indemnify, and hold harmless Orpyx, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.
Export Control
Canada, the United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.
Copyright Policy
Orpyx respects the intellectual property rights of others. It is Orpyx's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to Orpyx, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By Email: webmaster@orpyx.com
By Mail: 214, 1235 26 Avenue SE, Calgary, Ab, T2G 1R7
General
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of any Orpyx Site will be construed in accordance with and determined by the laws of the Province of Alberta and the country of Canada applicable to contracts entered into and performed within the Province of Alberta without respect to its conflict of laws principles. By using a Orpyx Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Orpyx Site is the Queen’s Bench Court of Alberta, or any Alberta Provincial court sitting in Calgary, Alberta, Canada. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
In the event of a complaint, or to request further information, the provider may be contacted in writing at 214, 1235 26 Avenue SE, Calgary, Ab, T2G 1R7, or by e-mail at webmaster@orpyx.com.