Kane Biotech Inc. web site user agreement

This version of the Kane Biotech Inc. 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 Kane Biotech Inc. web site. This agreement exempts Kane Biotech Inc. (“Kane Biotech”) 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 Kane Biotech 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. Kane Biotech 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

Kane Biotech endeavors to provide current and accurate information on the web site. However, misprints or other errors may occur. Accordingly, Kane Biotech 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

Kane Biotech strives to make our use of the web site an enjoyable experience. Nevertheless, Kane Biotech 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 KANE BIOTECH 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 KANE BIOTECH’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. SECURITY AND PROVACY RISKS CANNOT BE COMPLETELY ELIMINATED.

KANE BIOTECH 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. KANE BIOTECH 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, KANE BIOTECH 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 KANE BIOTECH AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

Liability exclusion

KANE BIOTECH 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 KANE BIOTECH OR ANY PROVIDER OR ANY PERSON FOR WHOM KANE BIOTECH 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.

Liability limitation

IN NO EVENT WILL THE TOTAL LIABILITY OF KANE BIOTECH 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 KANE BIOTECH FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.

Release

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF KANE BIOTECH 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.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF KANE BIOTECH 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 KANE BIOTECH 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. Kane Biotech, 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. Kane Biotech 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 Kane Biotech 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 Kane Biotech, 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 Kane Biotech.

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

Kane Biotech collects, uses and discloses your personal information in accordance with the Kane Biotech Privacy Policy. Kane Biotech may change the Kane Biotech Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the web site, you consent to Kane Biotech’s collection, use and disclosure of your personal information in accordance with the Kane Biotech Privacy Policy, as it then exists without any further notice or any liability to you or any other person.

Trade mark information

Kane Biotech is a trade-mark and trade-name owned by Kane Biotech Inc. 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 Kane Biotech, and Kane Biotech 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. Kane Biotech 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 Kane Biotech 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 Kane Biotech is strictly prohibited. To request permission to link to the web site, please contact info@kanebiotech.com. Kane Biotech 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

Kane Biotech 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 Kane Biotech will not be considered confidential or proprietary. By providing any such information or materials to Kane Biotech, you grant to Kane Biotech 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 Kane Biotech is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Kane Biotech. You further recognize that Kane Biotech does not want you to, and you warrant that you shall not, provide any information or materials to Kane Biotech 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 Kane Biotech 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 Kane Biotech 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.

Contact us

Kane Biotech can be contacted using any of the following methods:

Mailing address:

Kane Biotech Inc.
162-196 Innovation Drive
Winnipeg, Manitoba
R3T 2N2
Canada

Email:
info@kanebiotech.com

Telephone:
204.453.1301

Facsimile:
204.818.0374

Miscellaneous matters

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 Kane Biotech 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 Kane Biotech, which may be withheld in Kane Biotech’s sole discretion. Kane Biotech 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 Kane Biotech 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 Kane Biotech.

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Privacy Policy

Privacy

Kane Biotech Inc. collects personally identifying information about you only when you specifically and knowingly provide it to us.

We recognize that we need to earn your trust, and firmly believe that you should know exactly what personally identifying information we collect and how we are going to use it before you share it with us.

Basic statement

Personally identifying information that you provide to Kane Biotech Inc. will not be made available to third parties outside Kane Biotech Inc. without your explicit permission.

Kane Biotech Inc. collects personally identifying information about you only when you specifically and knowingly provide it to us. Your personally identifying information will be used to personalize your experience with Kane Biotech Inc., or for such other purposes as are described at any point where Kane Biotech Inc. collects this information from you.

Kane Biotech Inc. may make aggregate information about our customers (e.g. overall statistics) available to third parties for advertising and other purposes. Information that personally identifies you will be kept strictly confidential.

Personally identifying information which you choose to provide to another party or web site will be subject to their privacy policy. For example, if you purchase goods or services from a merchant you found while browsing the Kane Biotech Inc. web site, information you provide to that merchant is subject to their privacy policy, rather than ours.

What is personally identifying information?

“Personally identifying information” is information that can be explicitly used to identify and/or contact you as an individual. This includes information like your real name, email address, mailing address, phone number, credit card number, etc. Information that, by itself, cannot be explicitly linked with your “real” identity is not considered personally identifying. Examples of this are favorite or bookmarked web sites, or your preferences with respect to how you wish to see a given page or site set up according to the selections you choose.

Links to other sites

Users should be aware that when you are on the Kane Biotech Inc. web site, you could be directed to other sites that are beyond our control. There are links to other sites from the Kane Biotech Inc. web site pages that take you outside our service. This includes links from advertisers, sponsors and partners that may use the Kane Biotech Inc. logo as part of a co-branding agreement.

The Kane Biotech Inc. policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Kane Biotech Inc.’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Email to us

When you send email to Kane Biotech Inc., we will use your name and email address only to respond to the concerns you write to us with. Your email may be shared with appropriate people within the Kane Biotech Inc. organization to help us respond to your concerns or questions.

Changes to this policy

From time to time, the Kane Biotech Inc. web site may introduce new features and services. Kane Biotech Inc. reserves the right to modify this policy at any time by notifying customers, via the Kane Biotech Inc. web site, of a new privacy policy. You can send email to info@kanebiotech.com with any further questions.

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Cookies

Kane Biotech Inc. has social media channels that utilize first and third-party vendor remarketing tracking cookies, including the Facebook, LinkedIn and Twitter remarketing cookies. This means we will show ads to you across the Internet, specifically on Facebook, Instagram, LinkedIn and Twitter. As always, we respect your privacy and are not collecting any identifiable information through the use of Facebook’s or any other third party remarketing system.

The first and third-party vendors, whose services we use will place cookies on web browsers in order to serve ads based on past visits to our website. This allows us to make major announcements and continue to market our services to those who have shown interest in our service.

You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioural Advertising at http://www.aboutads.info/choices/