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Welcome to the website (this "Site") of BpTRU Medical Devices (a Division of 0764509 B.C. Ltd.) and their affiliates (collectively "BpTRU"). These terms of use, including any policy or terms incorporated by reference ("Terms of Use") apply exclusively to your access to, and use of, this Site so please read them carefully. These Terms of Use do not alter in any way the terms of any other agreement you may have with BpTRU for other products or services.
BpTRU reserves the right to change any of the terms contained in these Terms of Use at any time and in its sole discretion. Any changes will be effective upon posting of revised Terms of Use to this Site. Your continued use of this Site following the posting of the revised Terms of Use will constitute your acceptance of such changes. Therefore, you should frequently review these Terms of Use to understand the terms that apply to your use of this Site.
By accessing, browsing, and using this Site, you agree to be bound by thESe terms OF USE, and any subsequent changes thereto. IF YOU DO NOT AGREE TO THese Terms of use OR ANY SUBSEQUENT CHANGES, do not access, browse or otherwise use this site.
Incorporated Policies or Terms
Privacy Policy
BpTRU believes strongly in protecting user and customer privacy and providing you notice of BpTRU's collection and use of personally identifiable information. Therefore, BpTRU has adopted a Privacy Policy that you should refer to in order to fully understand how BpTRU uses and collects such information.
Terms of Sale
All sales from this Site are governed by BpTRU's Terms of Sale. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in BpTRU's sole discretion so you should review the Terms of Sale each time you make a purchase.
License and Site Access
BpTRU grants you a limited license to make personal, non-commercial and informational use only of this Site. Such grant does not include, without limitation: (i) any resale or commercial use of this Site or content therein; (ii) the collection and use of any product listings or descriptions; (iii) making derivative uses of this Site and its contents; or (iv) use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly provided in these Terms of Use, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BpTRU or any third party.
You may not use, frame or utilize framing techniques to enclose any BpTRU trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without BpTRU's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a BpTRU name, trademark, or product name without BpTRU's express written consent.
Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation, designs, texts, graphics, pictures, video files, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright ©2007 BpTRU Medical Devices (a Division of 0764509 B.C. Ltd.), and/or their licensors, as applicable. Except as expressly provided in these Terms of Use, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of BpTRU or the respective copyright owner. Permission is hereby granted to display and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of BpTRU or the respective copyright owner, (i) copy, publish, or post any Materials on any computer network or broadcast or publications media, (ii) modify the Materials, and (iii) remove or alter any copyright and other proprietary notices contained in the Materials.
Trademarks and Service Marks
BpTRU, the BpTRU logo and the collection of these marks are the trademarks and service marks of BpTRU Medical Devices (a Division of 0764509 B.C. Ltd.). All rights reserved. These trademarks or services marks may not be copied, imitated or used, in whole or in part, without the prior written permission of BpTRU. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of BpTRU, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BpTRU. All other trademarks, registered trademarks, product names and names or logos mentioned herein are the property of their respective owners.
Third Party Content
This Site may include discussion forums and interactive areas, including chat rooms, newsgroups, user groups and bulletin board services. These forums and interactive areas will be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
- Without BpTRU's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
BpTRU takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of forums and interactive areas, BpTRU is only a forum and is not liable for any statements, representations, or Content provided by its users in the forums or interactive areas or any personal home page.
Enforcement
BpTRU has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. BpTRU may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. BpTRU reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these Terms of Use or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect BpTRU's systems and customers, or to ensure the integrity and operation of BpTRU's business and systems, BpTRU may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addresses and traffic information, usage history, and posted Content. BpTRU's right to disclose any such information will govern over any terms of BpTRU's Privacy Policy.
Responsibility for Your Conduct
You will remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of this Site.
Third Party Links
BpTRU makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of BpTRU and BpTRU is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. BpTRU is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by BpTRU of the site or any information contained therein. When leaving this Site, you should be aware that BpTRU's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of the other site.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to BpTRU, or postings on this Site, are non-confidential (subject to BpTRU's Privacy Policy) and will become the sole property of BpTRU. BpTRU will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to BpTRU, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
If you provide information to BpTRU in order to register for warranty service or for other purposes, you agree to provide true, accurate, current and complete information about yourself as prompted by BpTRU's forms or requests, and to notify BpTRU of any changes to such information. If BpTRU provides you with a user ID and password for access and use of areas of this Site, you are responsible for maintaining the confidentiality of that user ID and password. You agree to notify BpTRU immediately of any unauthorized use of your user ID and password.
Financial Material Disclosure
Forward Looking Statements
This Site, any documents issued by BpTRU and available through this Site, and e-mail notifications sent by BpTRU may contain statements which constitute forward looking statements. These forward looking statements are not based on historical facts but rather on management's expectations regarding future growth, results of operations, performance, future capital and other expenditures (including the amount, nature and sources of funding thereof), competitive advantages, business prospects and opportunities. Statements by BpTRU about its future plans and intentions, results, levels of activity, performance, goals or achievements or other future events constitute forward looking statements. Wherever possible, words such as "anticipate", "believe", "expect", "may", "could", "will", "potential", "intend", "estimate", "should", "plan", "predict" or the negative or other variations of these words, or similar words or phrases, have been used to identify these forward looking statements. Such forward looking statements reflect BpTRU management's current beliefs and assumptions and are based on information currently available to them. Forward looking statements involve significant known and unknown risks, uncertainties and assumptions and other factors that may cause BpTRU's actual results, levels of activity, performance or achievements to differ materially from those implied by forward looking statements. These factors should be considered carefully and undue reliance should not be placed on the forward looking statements. Although the forward looking statements are based upon what BpTRU's management believes to be reasonable assumptions, BpTRU cannot assure investors that actual results will be consistent with these forward looking statements. BpTRU undertakes no obligation to update forward looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases
The information contained within press releases issued by BpTRU should not be deemed accurate or current except as of the date the release was issued. BpTRU has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward looking, it is intended to fit within the safe harbor for forward looking statements, and is subject to material risk.
Third Party Financial Information
BpTRU may provide links to third party sites or services that contain financial or investment information about BpTRU. Access to such sites and the information contained therein is provided as a service to those interested in the information. BpTRU neither regularly monitors nor has control over the content of third parties' statements or sites. Accordingly, BpTRU does not endorse or adopt these sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. BpTRU makes no representations, warranties or conditions whatsoever regarding the accuracy or completeness of the content, information, or opinions of third party sites or other third party information that is identified on this Site. Users visit such sites and use the information contained therein at their own risk.
Disclaimers
Warranty Disclaimer
THIS SITE, THE MATERIALS CONTAINED THEREIN, any documents issued by BpTRU and available through this Site, and e-mail notifications sent by BpTRU ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR PURPOSE, TITLE, AND NON-INFRINGEMENT. BpTRU DOES NOT REPRESENT OR WARRANT THAT ANY OF THE FOREGOING ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BpTRU is not responsible for typographical errors or omissions relating to pricing OR TEXT. WHILE BpTRU ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THIS SITE IS SAFE, BpTRU CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND DATA OR FILES DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BpTRU.
Limitation of Liability
IN NO EVENT WILL BpTRU BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS CONTAINED THEREIN, any documents issued by BpTRU and available through this Site, and e-mail notifications sent by BpTRU.
General
Any unauthorized use of this Site or breach of these Terms of Use will automatically terminate the license granted to you by these Terms of Use. In addition, notwithstanding any of these Terms of Use, BpTRU reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
These Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to conflicts of law that would apply a different body of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the courts of British Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
If any provision of these Terms of Use will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.
These Terms of Use constitute the entire agreement between BpTRU and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding such subject matter.
All questions or comments about this Site or these Terms of Use should be directed to:
BpTRU Medical Devices
Unit 1, 1850 Hartley Avenue
Coquitlam, BC
Canada V3K 7A1
Tel: +1 604 540 7887
Fax: +1 604 540 7875
General Inquiries
Toll free North America: 1 866 921 7887
BpTRU Customer Support
Toll free North America: 866 921 7887
Customer Support
support@BpTRU.com
BpTRU Sales
sales@BpTRU.com
Human Resources
hr@BpTRU.com
Become a Distributor
distribution@BpTRU.com
Corporate Inquiries
corp@BpTRU.com
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