Terms of Use

Terms of Service

PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH MODUS MEDICAL DEVICES INC. CAREFULLY. By using the Modus Medical Devices Inc. website, you agree to be bound by the terms of service of this agreement, even if you have not read them.

Intellectual Property

Copyright © 2012 Modus Medical Devices Inc. All rights reserved. The contents of this site including services and any other material provided by Modus Medical Devices Inc. are owned by and copyrighted by Modus Medical Devices Inc. and its suppliers, partners and may contain trademarks of Modus Medical Devices Inc. or others. You may download, print, and copy documents for your own personal use only. All provided information and/or downloaded material and documents may not be repurposed and/or resold in any way without authorized permission.

Unauthorized use beyond that contained in the previous paragraph may violate copyright, trademark and other laws.

Login ID’s and Passwords

Clients’ access to portions of the site and certain services requires a login ID and password. Upon being accepted as a subscriber, Modus Medical Devices Inc. will provide a unique ID and password to grant you, the client access. It is the clients’ responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep login ID’s and passwords confidential. You are responsible for any activity that occurs under your login ID. You will report to Modus Medical Devices Inc. immediately if you discover any compromise of your passwords or suspected unauthorized use of the site using your identity.

Limitations

While Modus Medical Devices Inc. uses reasonable efforts to maintain this site and it’s services in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on this site or any of its services, and may make changes thereto at any time in its sole discretion without notice. All information and Services provided by Modus Medical Devices Inc. is provided to users “as is”, “with all faults,” “as available” and at your sole risk. You are responsible for how you use the Services, and without limitation, you are responsible for how you use, alter and implement any documents provided as part of the Services and to ensure they are appropriate for your use. This site is intended to supply general information only, and not specific human resources or other advice. Specific advice may be obtained by contacting Modus Medical Devices Inc.

All promises made by Modus Medical Devices Inc. are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.

You cannot collect any damages from Modus Medical Devices Inc. for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or that exceed the amount paid by you to Modus Medical Devices Inc. hereunder for any goods or services that the claim arises from.

Modus Medical Devices Inc. relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.

Governing Law

This site is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Modus Medical Devices Inc. shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario. Links
You may link to this site, however you may not place full or partial pages within frames on your site.

Any third-party sites that are linked to this site are not under Modus Medical Devices Inc. control. Modus Medical Devices Inc. is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Modus Medical Devices Inc. provides links as a convenience only and such links do not imply any endorsement by Modus Medical Devices Inc. of those sites.

Privacy

Please see our Privacy Policy. The “contact us” form feature on the site is like any email, and is not a secure facility. We discourage you from using it to send sensitive or private information.

Confidential Information

Confidential Information is all information about you provided to Modus Medical Devices Inc. by you that is not generally known to the public, whether of a technical, business or other nature (including, without limitation, business plans, finances, identity and number of your employees or contractors and their backgrounds or knowledge), and that has been identified as being proprietary and/or confidential or that by the nature of the circumstances surrounding the disclosure or receipt ought to be treated as proprietary and/or confidential.

Confidential Information shall not include (except for any personally identifiable information about an individual that relevant privacy legislation or policies do not allow to be disclosed): (a) any Confidential Information that is in the public domain at the time of its disclosure or which thereafter enters the public domain through no action of Modus Medical Devices Inc., direct or indirect, intentional or unintentional; (b) any Confidential Information which Modus Medical Devices Inc. can demonstrate was in its possession or known to it prior to its receipt, directly or indirectly, from you; (c) any Confidential Information that is disclosed to Modus Medical Devices Inc. by another party not in violation of the rights of the other party or any other person or entity; (d) any Confidential Information which is either compelled by law or by the order of a court of competent jurisdiction to be disclosed; and (e) any Confidential Information that Modus Medical Devices Inc. has anonymized and aggregated for statistical purposes.

Modus Medical Devices Inc. shall (i) not use Confidential Information for any purpose other than providing its services to you; (ii) not disclose Confidential Information to anyone without your prior written authorization; (iii) handle, preserve and protect Confidential Information with at least the same degree of care that it affords its own Confidential Information; (iv) disclose Confidential Information only to its employees or subcontractors who require such information in order to perform the services, and are under confidentiality obligations.

Changing these terms

Modus Medical Devices Inc. may change these terms by posting notice on its site.