Terms Of Service

My Canadian Pharmacy (“MCP”) welcomes you to its website. The following terms and conditions (“Terms and Conditions”) govern all use by you of the Site, whether as a casual visitor, an investor, scientist, patient or a purchaser of products or services. Please take a moment to review these Terms and Conditions. By accessing, viewing, submitting, or using the content, material, or services available on or through the Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, acknowledge that you have read and understand these Terms and Conditions, and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, or if you are under the age of thirteen (13), you are not granted permission to use the Site and must exit immediately.

Informational Purposes Only

The content on this Site is for informational purposes only. No information, services, or materials offered by or through the Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. YOU MUST CONSULT WITH A PHYSICIAN, DOCTOR, OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT OR USING ANY INFORMATION ON THIS SITE.

Should you have a medical condition, you are advised to promptly see a medical professional. MCP endeavors to keep the Site and Site Materials on, in, and through the Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, MCP is not responsible for any errors or omissions in the Site or Site Materials. MCP may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and MCP makes no commitment to update the information contained on or in this Site.

Proprietary Rights

All works of authorship, information, content, processes, functional components, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, pictures, recordings, drawings, artwork, images, text, forms and look and feel attributes) are MCP’s copyrighted works, all rights reserved. MCP also owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.

Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of MCP, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of MCP, without MCP’s prior written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to MCP or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

Materials Submitted To The Site

This Site is for personal use only. By submitting information, content or other materials (“User Materials”) to or using the Site, you represent that you have the full legal right to provide the User Materials and that use of the User Materials by MCP and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate a law, statute, ordinance, or regulation of any country (collectively, “Law”); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how or (i) constitute disclosure of any confidential information owned by any third party.

Upon your submission of User Materials or other material or information to MCP, you grant MCP, and MCP accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials and any other material or information that you submit to this Site for the purpose of providing the Site, products and services and for all other business purposes of MCP.

MCP may remove User Materials from the Site that may be libelous, incorrect, spiteful, or otherwise inappropriate, in MCP’s sole discretion. MCP shall not be responsible for changes, modifications, or removal of any User Materials that you submit to the Site. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section REF _Ref216515713 \r \h \* MERGEFORMAT 10 of these Terms and Conditions.

Third Party Materials, Products and Services

Parties other than MCP may provide products or services on the Site. Without limiting anything else, MCP expressly disclaims any and all responsibility for or related to the products or services provided by or advertised by third parties or the transactions you conduct or enter into with third parties. Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products or services that may be of interest. MCP expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.

Communication With The Site

MCP welcomes your feedback, suggestions, information, data and other materials (collectively, “Submissions”) about how to improve our products, information, services and this Site. Such Submissions shall be deemed User Materials in accordance with Section REF _Ref216516210 \r \h \* MERGEFORMAT 3 of these Terms and Conditions. Without limiting the foregoing, MCP is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including creating and marketing products, information, or services using such Submissions.

Nature And Use Of The Internet

Given the nature of the Internet, the transmission of any communication or material to MCP via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure. As an alternative to communicating via the Internet or e-mail, MCP can be contacted by regular mail at MCP Pharmaceuticals LLP, Morris Corporate Centre 2, One Upper Pond Road, Building D, 3rd Floor, Parsippany, NJ 07054; by phone at (973) 658-3530; or by fax at (866) 923-4547. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither MCP nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Privacy Statement

MCP has a Privacy Statement setting forth MCP’s online information gathering and dissemination practices with respect to the Site. Click here to view the Privacy Statement which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

Disclaimer Of Warranty And Liability

THIS SITE, THE SITE MATERIALS, USER MATERIALS AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED ON, IN, AND MADE AVAILABLE THROUGH THIS SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. MCP MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS, USER MATERIALS AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO THIS SITE, THE SITE MATERIALS, USER MATERIALS AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED ON, IN, AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.

MCP SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, USER MATERIALS AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MCP TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS, USER MATERIALS AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED ON, IN, AND MADE AVAILABLE THROUGH THIS SITE EXCEED THE PRICE PAID BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MCP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend MCP and its directors, officers, employees, agents, and contractors (“MCP Indemnitees”) against all claims, actions, suits, and other proceedings of third parties (“Claims”) arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold MCP Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of MCP.

Complaint Procedure

If you believe that any this Site, the Site Materials, User Materials or the services, information, and products offered on, in, and made available through this Site violate your intellectual property or other rights, please send to MCP (corporate.information@jhppharma.com) a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Governing Law And Jurisdiction

These Terms and Conditions, including the Privacy Statement, represent the entire agreement between you and MCP with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using this Site, the Site Materials, User Materials or the services, information, and products offered on, in, and made available through this Site, you consent to the exclusive jurisdiction of the courts presiding in New Jersey, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Securities Information

This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about MCP, and although this information was believed to be accurate as of the date prepared, MCP disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

Changes To The Site; Termination Of Access

MCP reserves the right at any time to modify, alter or update these Terms and Conditions. Any change shall be effective when notice of such change is posted. Your continued use of the Site after any change to these Terms and Conditions is posted will be considered acceptance of such changes. Notice of any new or revised Terms and Conditions will be posted on the Site for at least sixty (60) days after the change.

It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any user who has visited the Site before the change was made. MCP reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

Miscellaneous

Without limiting anything else, MCP makes no representation that this Site, the Site Materials, User Materials or the services, information, and products offered on, in, and made available through this Site are appropriate or available for use in any location and access to them from territories where they are illegal is prohibited. As such, MCP reserves the right to limit the provision of its products or services to any person, geographic region or jurisdiction.

Those who choose to access this Site do so on their own volition and are responsible for compliance with applicable laws. Supply for goods, services and software through the Site is subject to the United States export control and economic sanctions requirements. The waiver or failure of MCP to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.

Headings used in these Terms and Conditions, including the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of MCP to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”