Legal Notice

(Last Updated: April 6, 2015)

Please read these Terms of Use carefully before using this website (this “Site”) and print a copy for your records. This Site is provided to you by Animas Canada, a division of LifeScan Canada Ltd. (“Animas” or “we” or “us”).

By using this Site, the individual accessing or using this Site (“you”), acknowledges having read, understood and accepted these Terms of Use and agrees to be legally bound by them. If you do not agree to these Terms of Use, do not access or use this Site. Animas may at its sole discretion modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.

1. Eligibility

This Site is only for residents of Canada. If you are not a resident of Canada, you may not use this Site.

2. Materials and Marks

All content of this Site (including all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, tools, artwork and other graphic materials, but excluding the Marks (as defined below)) (the “Animas Materials”) is owned by Animas or its licensors and is protected by intellectual property rights including worldwide copyright and trade-mark laws.

The trademarks, logos, service marks, trade names and trade dress on this Site (the “Marks”) are protected in Canada and internationally. No use of any of the Marks may be made without the prior written authorization of Animas or its applicable licensor, except to identify the products or services of the company.

Animas hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Animas Materials for non-commercial and personal use only provided that you maintain all copyright and other notices contained in such Animas Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Animas Materials to any third party (including, without limitation, the display and distribution of Animas Materials via a third party website) without the express prior written consent of Animas. Unless expressly permitted herein, any use of Animas Materials is only permitted with the express written permission of Animas and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Animas Materials. All rights not expressly granted herein are hereby reserved by Animas.

3. Product and Medical Information

The Animas Materials may include product and medical information. All such information is provided for information purposes only. The information is not intended to provide you with complete information or any medical advice.

4. Links

This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Animas. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites. You may not create a link to this Site without the prior written consent of Animas. To obtain consent, please contact us at fax no. 905-946-2168, attention: Vice President, Law

5. Privacy

Animas’s personal information practices on this Site are governed by Animas’s Privacy Policy. Please review this Privacy Policy.

6. Your Material

You may from time to time communicate to us information, suggestions, materials, ideas, opinions, concepts, votes, inventions, know-how, techniques, creative ideas or any content (collectively “Your Material”) on this Site or transmit Your Materials to Animas through this Site. You understand and agree that Animas assumes no responsibility for reviewing unsolicited ideas for its business (such as products, services or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and/or Your Materials and future Animas products, services or programs. This means that Animas has no obligation to treat Your Materials, including your idea submissions, confidentially. You hereby grant to Animas a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, perform, broadcast, communicate to the public by telecommunication and circulate Your Materials, in whole or in part, and to sub-license any such rights, for any purpose whatsoever including disclosure to third parties and/or developing, manufacturing and/or marketing products or services. You hereby waive all moral rights that you may have in Your Materials. Your Materials may be used by Animas now or in the future without any payment to or further authorization by you.

You shall be responsible for the content and information contained within any communications to this Site or the owners of this Site. You represent, warrant and covenant that: (a) you are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights, or privacy rights of any third party; and (b) you have ensured the accuracy and truthfulness of Your Materials

7. Your Account and Password

You acknowledge and agree that should this Site permit the creation of a personal account you are solely responsible for your account and the security of your user ID and password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise Animas of any unauthorized use of your account.

8. Disclaimers of Warranties

Animas will use reasonable efforts to include up-to-date and accurate information on this Site, but this Site, its contents, the Animas Materials, and any software, links, tools, tips, products, functionalities and services offered through or contained in or advertised on this Site are provided on an “as-is” basis, and on an “as available” basis. Animas makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to this Site, its contents, the Animas Materials, content provided by third parties or such software, links, tools, tips, products, functionalities and services offered through or contained in or advertised on this Site, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to this Site, its content or, any software, links, tools, tips, products, functionalities or services provided through this Site. In addition, Animas does not provide any representation, warranty, guarantee or condition that the information accessible via this Site is accurate, complete or current. All representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws.

9. Limitation of Liability

In no event shall Animas, its affiliates and any of their respective directors, officers, employees, agents, mandataries or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, savings, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this Site; any Animas Materials, information, qualification and recommendations appearing on this Site; your reliance on any information provided on this Site; any software, tools, tips, links, products, functionalities or services offered through, contained in or advertised on this Site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use this Site whether or not arising from breach of contract, tort, civil liability or otherwise and even if Animas has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by applicable laws.

You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site and Your Materials. Animas shall not be responsible for Your Materials or the materials of any other users submitted to this Site.

10. Indemnification

You agree to indemnify and hold harmless Animas and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights, or privacy rights, of any third party.

11. Termination

Animas may at any time and at its sole discretion restrict or terminate your right to use this Site.

12. Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. This provision shall apply to the maximum extent permitted by applicable laws.

13. Contacting Us

If you would like to communicate with us regarding these Terms of Use, you can reach us at:

Animas
a division of LifeScan Canada Ltd.
#210-4321 Still Creek Drive
Burnaby, B.C. V5C 6S7
Attention: Vice President, Law
Fax: 604-293-1619

14. General

Unless stated otherwise on this Site, these Terms of Use constitute the entire agreement between you and Animas with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Animas or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Sections 2 (except for the licence to the Animas Materials), 3, 4, 6, 7, 8, 9, 10, 12, 13 and 14 shall survive the termination of your right to use this Site.