coactiv+™ Antimicrobial Wound Gel web site user agreement
This version of the coactiv+™ Antimicrobial Wound Gel Web Site User Agreement has been in force since February 23, 2007.
Please review this Web Site User Agreement (“Agreement’) carefully. This Agreement governs your use of the coactiv+™ Antimicrobial Wound Gel web site. This agreement exempts coactiv+™ Antimicrobial Wound Gel (“coactiv+™ Antimicrobial Wound Gel”) and other persons from liability or limits their liability and contains other important provisions to which you should review. Every time you access the web site, you acknowledge and signify that you have read, understood and agreed to be bound by this Agreement. We ask that you not use the web site if you do not agree with any of the provisions of this Agreement each time you access it. Every time you access the web site, the text of this Agreement as it then reads will govern your use. Accordingly, we ask that you review any changes since the last revision each time you access the site.
Acceptance of this agreement
This Agreement is between you and coactiv+™ Antimicrobial Wound Gel and governs your use of the web site. Each time you access the web site you signify your acceptance and agreement, as well as acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes any type of incorporated or un-incorporated entity), without limitation or qualification, to be bound by this Agreement and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any other person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to accept this Agreement, or you do not have the legal authority to agree to accept this Agreement, you may not use the web site.
Revisions to this agreement
You are not entitled to change, supplement, or amend this Agreement in any manner whatsoever. coactiv+™ Antimicrobial Wound Gel may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the web site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the web site.
Permitted users and access
Persons may not use the web site in jurisdictions where access to or use of the web site or any part of it may be illegal or prohibited. The web site is not to be used by children under the age of thirteen (13) and may only be used by persons under the age of majority under prescribed state/provincial law with the consent of the parent/guardian of the user. It is solely your responsibility to determine whether your use of the site is lawful, and you must comply with all applicable laws.
Misprints, errors and uncertainties
coactiv+™ Antimicrobial Wound Gel endeavors to provide current and accurate information on the web site. However, misprints or other errors may occur. Accordingly, coactiv+™ Antimicrobial Wound Gel reserves the right to change the content on the web site at any time and from time to time without any notice or liability to you or any other person. In addition, statements contained on the web site, including those pertaining to scientific or clinical research, commercialization plans, strategic alliances, and intellectual property protection, other than statements of historical fact, may be forward looking statements subject to a number of uncertainties that could cause actual results to differ materially from statements made. These include, among other things, risks associated with the success of research and development programs, the regulatory approval process, competition, and financing capability.
No advice or solicitation
THE WEBSITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING MATTERS ADDRESSED, ADVICE OR RECOMMENDATIONS, OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE OR RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
Disclaimer, liability, exclusion, liability limitation, release and indemnity
coactiv+™ Antimicrobial Wound Gel strives to make our use of the web site an enjoyable experience. Nevertheless, coactiv+™ Antimicrobial Wound Gel and its service providers (“Providers”) do not accept any liability for your use of the web site. For this reason, the following provisions apply to your use and access of the web site:
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICLAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY MIRACULINS AND THE PROVIDERS TO THE FULLEST EXTENT PROVIDED BY LAW. YOU (AND NOT coactiv+™ Antimicrobial Wound Gel OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMERSOUS FACTORS BEYOND coactiv+™ Antimicrobial Wound Gel’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. SECURITY AND PROVACY RISKS CANNOT BE COMPLETELY ELIMINATED.
coactiv+™ Antimicrobial Wound Gel IS UNDER NO OBLIGATION WHATSOEVER TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. coactiv+™ Antimicrobial Wound Gel IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMIING THE GENERALITY OF THE FOREGOING, coactiv+™ Antimicrobial Wound Gel AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ERRORS WILL BE CORRECTED; THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; CERTAIN OR OTHER RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING THE INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND coactiv+™ Antimicrobial Wound Gel AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
coactiv+™ Antimicrobial Wound Gel AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPTATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, LOSS OF REPUTATION, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNATIVE DAMAGES, ADVERSE HEALTH EFFECTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF NEGLIGENCE OR OTHER FAULT OR WRONG DOING BY coactiv+™ Antimicrobial Wound Gel OR ANY PROVIDER OR ANY PERSON FOR WHOM coactiv+™ Antimicrobial Wound Gel OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT MIRACULINS OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL THE TOTAL LIABILITY OF coactiv+™ Antimicrobial Wound Gel OR ANY OF ITS PROVIDERS TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR FAULT OR WRONGDOING BY MIRACULINS OR ANY PERSON FOR WHOM MIRACULINS IS RESPONSIBLE, EXCEED $25.00 (CDN) OR THE AMOUNT YOU PAID TO coactiv+™ Antimicrobial Wound Gel FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF coactiv+™ Antimicrobial Wound Gel AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL THER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXISTS, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF coactiv+™ Antimicrobial Wound Gel AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
ADVICE OR INFORMATION PROVIDED BY coactiv+™ Antimicrobial Wound Gel OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation is some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
Termination of this agreement and the web site
If you breach any provision of this Agreement, you may no longer use the web site. coactiv+™ Antimicrobial Wound Gel, in its sole discretion, may change, suspend, terminate, temporarily or permanently, the web site or any part of it or any of its features at any time, for any reason without any notice or liability to you or any other person. coactiv+™ Antimicrobial Wound Gel may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the web site, all without any notice or liability to you or any other person.
If this Agreement, or your permission to use the web site, is terminated by you or by coactiv+™ Antimicrobial Wound Gel for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the web site.
Ownership and permitted use of the web site
The web site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the website are the property of coactiv+™ Antimicrobial Wound Gel, its Providers and/or others, and are protected by domestic and international copyright, trademark, and other laws. Your use of the web site does not transfer to you any ownership or other rights in the web site or its content. You may only use the web site in a manner described specifically in this Agreement.
The web site may not be used for any purpose not expressly permitted in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the web site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of coactiv+™ Antimicrobial Wound Gel.
You may not use any of the software that is used in the operation of the web site except while you are using the web site. You may not reproduce, copy, duplicate, sell, or resell any part of the web site (including the software used in the operation of the web site) or access to the web site.
The web site is made available to you for your lawful use only. You may access and browse the web site using commercially available, SSL-capable web browser software. You may print or download the pages of the web site for your personal use provided that you do not modify any of the web site pages or other content and you do not remove or alter any visible or non visible identification, marks, notices or disclaimers.
Personal information privacy
Trade mark information
coactiv+™ Antimicrobial Wound Gel is a trade-mark and trade-name owned by coactiv+™ Antimicrobial Wound Gel Other product and company names and logos appearing on the web site may be registered or un-registered trade-names, trade-marks and service-marks of their respective owners.
Any use of trade-names, trade-marks, service-marks and logos (collectively the “Marks”) displayed on the web site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the web site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the web site.
Third party web sites
The web site may include advertisements for, and links to, other web sites or resources and businesses operated by third-parties. Third-party web sites are independent from coactiv+™ Antimicrobial Wound Gel, and coactiv+™ Antimicrobial Wound Gel has no responsibility or liability for or control over third-party web sites, their businesses, goods, services, or content. Links to third-party web sites are provided solely for your convenience. coactiv+™ Antimicrobial Wound Gel does not sponsor or endorse any third-party web sites or their content or the goods or services available through those other web sites. Your use of third-party web sites and your dealings with the owners or operators of third party web sites is at your own risk, and you shall not make any claim against coactiv+™ Antimicrobial Wound Gel arising out of your use of any third-party web site or your dealings with the owners or operators of any third-party web site.
Linking and framing the web site
Links to the web site without the express written permission of coactiv+™ Antimicrobial Wound Gel is strictly prohibited. To request permission to link to the web site, please contact firstname.lastname@example.org. coactiv+™ Antimicrobial Wound Gel reserves the right to cancel and revoke permission it may give to link to the web site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the web site or any of its content in any form and by any method is strictly prohibited.
Postings and unsolicited submissions
coactiv+™ Antimicrobial Wound Gel does not want you to, and you should not, send any confidential or proprietary information to us via the web site and/or email. You agree that any information or materials that you or individuals acting on your behalf provide to coactiv+™ Antimicrobial Wound Gel will not be considered confidential or proprietary. By providing any such information or materials to coactiv+™ Antimicrobial Wound Gel, you grant to coactiv+™ Antimicrobial Wound Gel an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that coactiv+™ Antimicrobial Wound Gel is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to coactiv+™ Antimicrobial Wound Gel. You further recognize that coactiv+™ Antimicrobial Wound Gel does not want you to, and you warrant that you shall not, provide any information or materials to coactiv+™ Antimicrobial Wound Gel that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. You may not use the technologies in connection with your use of the web site to post comments, communications, or any other data of any kind to or on the web site with the intention that such postings may be viewed by other users of the web site.
Governing law and dispute resolution
The web site is controlled by coactiv+™ Antimicrobial Wound Gel from Winnipeg, Manitoba, Canada. This Agreement, your use of the web site, and all related matters are governed solely by the laws of the Province of Manitoba, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between coactiv+™ Antimicrobial Wound Gel and you or any other person arising from, connected with or relating to the web site, this Agreement or any related matters must be resolved before the Courts of Manitoba sitting in the City of Winnipeg, Manitoba, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the web site, this Agreement, or any related matter must commence in a Court of competent jurisdiction in the City of Winnipeg, Manitoba, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statue or law to the contrary.
coactiv+™ Antimicrobial Wound Gel can be contacted using any of the following methods:
coactiv+™ Antimicrobial Wound Gel
162-196 Innovation Drive
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon each of coactiv+™ Antimicrobial Wound Gel and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of coactiv+™ Antimicrobial Wound Gel, which may be withheld in coactiv+™ Antimicrobial Wound Gel’s sole discretion. coactiv+™ Antimicrobial Wound Gel may assign this Agreement and its rights and obligations under this Agreement without your consent. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any proceeding or subsequent breach or default.
You and coactiv+™ Antimicrobial Wound Gel are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the web site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to coactiv+™ Antimicrobial Wound Gel.
What information do we collect?
We collect information from you when you when you submit a Request a Sample form. When submitting a request on our site you will be asked to enter your name, e-mail address, shipping address, phone number, professional designation, and place of work.
How do we collect your information?
- Directly from you, when you register to receive a complimentary sample, or sign-up to receive marketing communications.
- Cookies and automatic collection methods. When you visit our website or use one of our mobile applications, and when you open or click on emails we send you, we (and third parties we work with) may automatically collect information from your browser or device using technologies such as cookies, web beacons, pixel tags, and other similar technologies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. Web beacons or pixel tags are small images which are embedded into our website or emails that provide us with information about your browser or device, or whether you open or click on the emails we send you. These technologies enable us, or the third parties who place such technologies, to collect information such as device identifiers and online or other network activity information.
- From our business partners and service providers, such as advertising companies and networks, and other third parties that we choose to collaborate or work with.
- From social media platforms and networks, such as Facebook and Instagram. For example, we may obtain your information from a social media platform or network if you interact with us on social media or choose to login to our website using your social media credentials.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To process your request. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the sample product requested.
- To communicate with you, including to respond to your inquiries or complaints, and to help you place your request. The email address you provide for order processing will only be used to send you information and updates regarding products and services provided by our company.
Note: If at any time you would like to unsubscribe from receiving future emails, you can do that by clicking unsubscribe in the email.
We also work with third-party platforms, including platforms operated by social networks, such as Google, and Facebook, to show you advertisements or measure the effectiveness of our advertisements. We may convert your email address, telephone number, or other information into a unique value and have these third-party platforms match this unique value with a user on their platform or with other data they may have. This matching enables us to deliver advertisements to you and others on these platforms. You also can request that we refrain from using your personal information in this way by contacting us through email@example.com to make the request.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties, with whom we have a confidentiality agreement, who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law.
Do we offer links to other websites?
Our website or mobile applications may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.