These Terms and Conditions of use (“Terms”) govern your access and use of Affinity Diagnostics Corp’s (“Affinity”, “we”, “us” or “our”) website located at www.affinitydiagnostics.ca
By using this site, you signify your assent to these Terms. If you do not agree to all the Terms of use, refrain from using the website. Affinity may revise and update these Terms at any time. Your continued usage of the Affinity website will mean you accept those changes.
Our website provides information and resources to individuals about the clinical diagnostic solutions we provide.
Medical Disclaimer:
The content of the Affinity website (“Content”) is general health information and should be used for educational or investigational purposes only. The website does not provide diagnostic, prognostic or treatment recommendations. The content of the website does not constitute medical advice and must not be used as a substitute for professional medical advice, diagnosis, treatment or care. You should not disregard, or delay to seek medical advice based on anything that appears or does not appear on this website. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
General:
Affinity is based in Toronto, Ontario, Canada. Affinity makes no claims that the Content on our website may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access Affinity from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
Use of the Website:
Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Affinity is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason. All rights not expressly granted by these Terms are reserved to us, or, if applicable, our licensors. Notwithstanding anything else contained herein, we reserve the right to (i) refuse to provide access to our website to anyone at any time for any reason, without any notice or liability to you; and (ii) change or remove (temporarily or permanently) the website or any part of it, without any notice or liability to you.
Liability of Affinity and its Licensors:
The use of the Affinity’s site and the Content is at your own risk. When using Affinity’s website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Affinity and its suppliers. Accordingly, Affinity assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Affinity’s website. The Affinity website and the Content are provided on an “as is” basis. AFFINITY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Affinity, its licensors, and its suppliers make no representations or warranties about the following: -The accuracy, reliability, completeness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Affinity site. -The satisfaction of any government regulations requiring the approval or compliance of any software tools with regard to the Content contained on the Affinity site. -That the website will operate error free or in an uninterrupted fashion, or that the website, or any files or information that you download from the website, will be secure and/or free of malicious code. In no event shall Affinity, its licensors, its suppliers, or any third parties mentioned on the Affinity site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Affinity site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Affinity, its licensors, its suppliers, or any third parties mentioned on the Affinity site are advised of the possibility of such damages. Affinity, its licensors, its suppliers, or any third parties mentioned on the Affinity site shall be liable only to the extent of actual damages incurred by you, not to exceed CAD $100. Affinity, its licensors, its suppliers, or any third parties mentioned on the Affinity site are not liable for any personal injury, including death, caused by the use or misuse of the site, or Content. Any claims arising in connection with the use of the Site, or any Content, must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. Affinity or its licensors have no liability or responsibility to users of the Affinity site or any other person or entity for performance or non-performance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites:
Affinity may provide links to third-party web sites. Affinity may also select certain sites as priority responses to search terms you enter, and Affinity may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Affinity does not recommend and does not endorse the content on any third-party websites. Affinity is not responsible for the content of linked third-party sites, sites framed within the Affinity site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Affinity does not endorse any product, service, or treatment advertised on the Affinity site.
Indemnity:
You agree to defend, indemnify, and hold Affinity, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
Jurisdiction:
You expressly agree that exclusive jurisdiction for any dispute with Affinity, or in any way relating to your use of the Affinity site, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Province of Ontario in connection with any such dispute including any claim involving Affinity or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice, Takedown Procedures and Copyright Agent:
If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Affinity’s copyright agent (identified below) and providing the following information:
-Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
-Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
-Your name, address, telephone number and e-mail address.
-A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
-A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
-A signature or the electronic equivalent from the copyright holder or authorized representative.
Affinity’s agent for copyright issues relating to this website is as follows:
Affinity Diagnostics Corp. Attn: Office of Privacy, 194 Wildcat Road – Toronto, Ontario M3J 2N5
In an effort to protect the rights of copyright owners, Affinity maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the site who are repeat infringers.
Complete Agreement:
Except as expressly provided in a particular “legal notice” on the Affinity site, these Terms and the Affinity Privacy Policy constitute the entire agreement between you and Affinity with respect to the use of the Affinity site, and Content.
Thank you for your cooperation. We hope you find the Affinity site helpful and convenient to use.
Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us form or via mail to:
Affinity Diagnostics Corp. ATTN: Office of Privacy 194 Wildcat Road Toronto, ON M3J 2N5