Disclaimer

FrzMyEggs (“the App”) by CReATe Fertility Centre (“CReATe”) is provided for educational use only. Any download, install, use of or reliance on the App shall be at the sole risk of you (the “User”). The usage of the App does not create any professional relationship such as physician-patient relationship between the User and CReATe, its officers, affiliates, agents, licensors, employees or any other contributors. CReATe expressly disclaims all representations, warranties, conditions and endorsements of any kind regarding the App and its content. Without limiting the generality of the foregoing, CReATe makes no warranty as to the availability, reliability, accuracy, quality or completeness of the App.

Limitation of Liability

To the extent not prohibited by law, in no event will create fertility centre, its officers, affiliates, agents, licensors, employees, subcontractors or internet service provider(s) be liable to the user or any third party for any personal injury, or any direct, indirect, incidental, special or consequential damages whatsoever arising from or relating to the app, any content, any third-party links, or these Terms of Use. This includes, but is not limited to, percuniary or non-parcuniary loss, whether based in contract, tort (including negligence) or any other theory of liability. The limitation will apply even if operator or its representatives have been advised or should have known of the possibility of such damages.

Proprietary Rights

The User agree that the App contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark, patent or other proprietary rights of CReATe. Except as expressly provided, nothing in the Terms of Use or within any of the App will be construed as conferring any license under any of CReATe’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

The User will not adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the App. The User will not copy, modify, alter, remove, or deface any of the trademarks, service marks, or other proprietary content, information or materials displayed or made available through the App, or use any of the foregoing for any non-authorized purpose.

Names, phrases, words, titles, logos, icons, graphics, images, illustrations, animations or designs used throughout the App may be trade names, registered or unregistered trademarks or services marks (the “Marks”) of CReATe, its subsidiaries, affiliates or licensors, or other entities and individuals. The Marks are protected by Canadian and international trademark and other laws. Use of any of the Marks without the written consent of the owner of the Mark is strictly prohibited.

Change Without Notice

CReATe assumes no obligation to update the App or its Content. CReATe reserves the right to change any and all Content, the Terms of Use, and Privacy Policy at any time without notice.

Entire Agreement and Governing Law

This Term of Use constitutes final, exclusive and complete agreement between the User and CReATe regarding the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements. Any disputes arising hereunder shall be governed exclusively by the laws of Ontario, Canada without giving effect to conflict of laws principles.

Waiver and Severability

No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

Disclaimer Regarding Third-Party Content and Links

The App provides links to external resources that are not part of the App. CReATe has no control over such resources. The User’s correspondence with the parties providing, disseminating, or promoting such external resources are solely between the User and these parties. The User acknowledge and agree that CReATe is not responsible or liable for any content, advertisements, products, or other materials on external resources or available from them, or for any damage or loss of any sort incurred in connection with or as a result of the use of or reliance on such content, goods or services available on or through external resources.

Indemnity

The User agree to defend, indemnify and hold harmless CReATe from and against all claims, liability, and expenses, including all legal fees and costs, arising out of the User’s usage of the App. CReATe Fertility Centre reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. The User agree to co-operate as fully as reasonably required in the defense of any such claim.

Notice

If you have questions or concerns regarding the Terms of Use, please contact us in writing:

You expressly acknowledge that you have read this agreement and understand the rights, obligations, and Terms of Use set forth herein. By using the app you expressly consent to be bound by these Terms of Use.

This Terms of Use was last updated on Thursday, 5 January 2017.

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