MYLAN HEALTH COACH
WEBSITE TERMS AND CONDITIONS
You should read these Terms carefully because they significantly alter your legal rights, remedies and obligations. Sections 16 and 17 in particular contain important limitations on and exclusions of our liability to you.
NOT MEDICAL ADVICE
Neither the Site nor Mylan Canada provide medical advice. Mylan Canada is not engaged in the practice of medicine, and provides the Site for informational and educational purposes. You should not use the Site to diagnose, treat or mitigate any disease, disorder or abnormal physical state or prescribe any medication or treatment for yourself or any other person. For greater certainty, the Site itself is not to be used in the diagnosis, treatment, mitigation or prevention of a medical condition. Consult with your healthcare professional before relying on any information or acting on any recommendations provided on the Site or sent to you in any email by Mylan Canada.
Welcome to the Mylan Health Coach web site! This web site (“Site”) is owned and operated by Mylan Pharmaceuticals ULC. In these Terms, “Mylan Canada”, “we”, “us” or “our” refers to Mylan Canada ULC and its affiliates and subsidiaries.
These terms and conditions (“Terms”) govern your access to and use of the Site. By accessing and using the Site, you agree to comply with and be bound by, and you fully accept, these Terms. IF YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT USE THE SITE.
1. Terms may Change. We may change the Terms on occasion without notice, and revised Terms are effective once posted on or accessible from the Site.
2. Acceptance. Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you are fully accepting the terms, conditions and disclaimers contained in these Terms.
3. Health Coach Portal. Mylan’s Health Coach Portal (“Portal”) is accessible through the Site to certain eligible users who have registered Portal accounts. You do not have to register a Portal account to use the Site. Registered users’ access to and use of the Portal is subject to separate terms and conditions, and you cannot access and use the Portal without registering and agreeing to the Portal’s separate terms and conditions.
4. Registered Dietician. You might have access to or communications with a third-party registered dietician through the Site. You acknowledge and agree that: (a) any such registered dietician is an independent contractor and is not Mylan Canada’s employee, agent or representative; and (b) Mylan Canada has no liability or responsibility for the registered dietician’s conduct, advice, acts or omissions.
5. Rules. Whenever you access or use the Site, in addition to these Terms you must comply with all applicable laws, and any other rules, policies or procedures we communicate to you from time to time.
6. Security and Viruses. We have taken reasonable steps to make the Site secure, but due to the inherent open nature of the Internet we cannot guarantee that communications between you and us or your Site account will be free from unauthorized access by third parties such as hackers, and your use of the Site demonstrates your assumption of this risk.
We have also taken reasonable steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.
8. Proprietary Rights. The Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use. You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written approval. You do not acquire ownership rights to the Site or any Content by accessing or using the Site.
9. Content is Not Advice. The Content is provided solely for educational purposes and does not constitute advice, whether medical or otherwise. You should not rely on any of the Content without first confirming its accuracy and truthfulness and getting advice from a qualified professional. You should not use any Content to diagnose or mitigate any disease, disorder or abnormal physical state or treat, or prescribe any medication or treatment for yourself or any other individual. For greater certainty, neither the Site itself nor the Content is to be used in the diagnosis, treatment, mitigation or prevention of a medical condition. Mylan Canada does not accept any responsibility for any decisions that you make based on any Content. MYLAN CANADA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES IN CONNECTION WITH YOUR RELIANCE ON THE SITE’S CONTENT OR ANY RECOMMENDATIONS PROVIDED BY THE REGISTERED DIETITIAN TO YOU.
Mylan Canada makes no representation that the Site or the Content are appropriate or available for use in any particular jurisdiction. Unless otherwise specified, the Content is presented solely for the purpose of education in Canada and the Site is intended for users in Canada. Mylan Canada makes no representation that the Content is appropriate or available for use in other locations. Those who access the Site or the Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Your Material. The Site may from time to time allow you or other users of to submit various comments, feedback, submissions and other material (“User Material”). Once User Material is submitted, Mylan Canada can use, reproduce, modify and display the User Material on the Site without restriction and without compensation to you. You may not include content in your User Material that violates or breaches any rights of any other party.
All opinions contained in User Material are those of the original author, and do not necessarily reflect our views or opinions.
Mylan Canada does not and cannot review User Material, and Mylan Canada is not responsible for the content of any User Material. By providing the ability to view and distribute user-generated content on the Site, Mylan Canada is merely acting as a passive conduit for that distribution and is not undertaking any obligation or liability relating to any User Material. Mylan Canada reserves the right (but has no obligation) to block or remove any User Material that Mylan Canada deems in its sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trade-mark or other intellectual property right; or (d) otherwise unlawful or unacceptable.
11. Trade-marks. We own our name, logo, and all of our other trade-marks and trade names appearing on the Site. Unless otherwise indicated, all other names, logos, trade-marks appearing on the Site are owned by third parties and are used under licence.
12. Linking. Any sites that are linked to from our Site are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.
If you wish to provide a link to the Site from your own web site, you may only link to the Site’s home page at http://www.mylanhealthcoach.com. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
13. Interruptions and Errors. Your use of the Site might be interrupted and will not be free of errors. The Site may be unavailable from time to time due to routine maintenance, upgrades, hardware or software malfunctions, repairs, power outages, hackers, denial of service attacks, unforeseeably large service demands, or other reasons beyond our control.
14. Modifications. From time to time we may add new features to the Site, suspend or discontinue existing features from the Site, or otherwise modify the Site and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice or liability to you.
15. Prohibited Activities. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:
a. use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
b. engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
c. impersonate others, including a Mylan Canada employee or representative, or other members, users or visitors to the Site;
d. upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law; or
e. upload any commercial content or solicit others to join or become members of any other online service or other organization.
16. Disclaimer. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MYLAN CANADA DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT). MYLAN CANADA DOES NOT REPRESENT OR WARRANT THAT FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION AND CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PREPARED BY MYLAN CANADA AND ARE BELIEVED TO BE ACCURATE, BUT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. MYLAN CANADA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT WILL NOT BE FREE OF INTERRUPTIONS, THAT THE SITE AND THE CONTENT MAY CONTAIN BUGS, ERRORS, INACCURACIES OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.
17. Limitation of Liability and Release. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MYLAN CANADA, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR THE CONTENT, INCLUDING YOUR USE OR RELIANCE ON ANY INFORMATION OR OTHER CONTENT CONTAINED ON OR AVAILABLE THROUGH THE SITE; ANY INACCURACY OR OMISSION IN ANY INFORMATION OR OTHER CONTENT CONTAINED ON OR AVAILABLE THROUGH THE SITE, YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY WEBSITES LINKED TO OR AVAILABLE FROM THE SITE; OR YOUR COMMUNICATION WITH PERSONS OR ENTITIES INTRODUCED TO YOU BY THE SITE, INCLUDING THE REGISTERED DIETITIAN. YOU AGREE TO ASSUME THE RISK OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING THE REGISTERED DIETITIAN, THROUGH THE SITE.
YOU RELEASE MYLAN CANADA, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES, FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF ANY KIND RELATING TO OR ARISING FROM YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITE OR THE CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATIONS SET OUT ABOVE, MYLAN CANADA, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES BECOME LIABLE TO YOU IN RESPECT OF THE SITE OR THE CONTENT OR OTHERWISE UNDER THESE TERMS, THAT LIABILITY WILL BE LIMITED TO CAD $25.
18. Indemnification. You agree to indemnify and hold harmless Mylan Canada, its affiliates, and their officers, directors, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site or the Content, including arising from or related to decisions or recommendations you make using the Site or the Content.
19. Jurisdiction and Courts. These Terms, your access to and use of the Site and the Content, and any claims made against Mylan Canada, its affiliates, and their officers, directors, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with Ontario laws.
You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site or the Content will be in the Ontario courts.
20. General. If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by Mylan Canada will impair any of Mylan Canada’s rights or remedies that are not expressly waived in writing. These Terms will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Mylan Canada will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.
21. Contact Us. For any questions about the Site or the Content, contact us at:
Mylan Pharmaceuticals ULC
Attn: Legal Department, 85 Advance Road, Etobicoke, Ontario, M8Z 2S6
Toll-free number: 1-800-668-3174