Terms of Use

These terms and conditions (the “Terms”), are a legal agreement between Reformulary Group Inc. and the visitor (“you”) to the Reformulary Group Inc. web site and Drug FinderTM or web portal (collectively hereinafter referred to as the “Site”). By browsing and using the Site you are deemed to have read and are indicating your acceptance of, and agree to be bound by, the terms and conditions of this Agreement which shall govern your access and use of the Site. Please exit this Site immediately if you do not accept the Terms or are in a jurisdiction where the use of the Site is not permitted.

Purpose

The Site is made available to you solely and exclusively for the purpose of providing you with information. All material provided on the Site is designed for information purposes only and is not intended to be a substitute for a physician’s advice, diagnosis or treatment, and should not be used to replace a health care professional, for diagnosis or for treatment. You should not act or rely on any Information on this Site without seeking the advice of a qualified professional, including a health care professional. These Terms also apply when you use a downloadable application, mobile device browser or other technology to access any features, functionality, content or information that is made available or provided on this Site.

Rights Reserved

All rights reserved. Reformulary Group Inc. either owns the intellectual property rights, including copyright and trademarks, in and to this Site, or has acquired the necessary licenses in the information, including all text, HTML code, multi-media clips, images, graphics, icons and the selection and arrangement of the contents of this Site, including drug lists, disease descriptions, product descriptions, reports, newsletters, articles, opinions and views, pricing information, and co-pay/co-insurance level information (collectively hereinafter referred to as the ”Information“).

As a user of this Site, you are granted a limited personal, non-transferable and non-exclusive license to use (display, download or print) the Information for your own personal, non-commercial use only, provided the Information is not modified, and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise transmitted, stored, reproduced, republished, redistributed or re-disseminated in any manner or form without the prior written consent of Reformulary Group Inc.

Reformulary Group Inc. reserves the right to restrict or terminate your access to the Site or any feature or part thereof at any time without notice.

Reformulary Group reserves the right to change the Terms, the content of the Site, or the Information or discontinue the Site or any part thereof at any time without notice. Your use of the Site following such changes to the Terms means that you accept these changes. If you have any questions regarding the content of the Site or the Terms you may contact Reformulary Group Inc. at 416-519-9729.

Liability

The Site and all Information are provided on an ”as is“ and ”as available“ basis without any representation or warranty of any kind, whether express or implied. Reformulary Group Inc., its affiliates, related companies and their licensors disclaim all warranties, representations and conditions of any kind, whether express or implied, including warranties of title or noninfringement, merchantability and fitness for a particular purpose, with respect to the Site and all Information. While reasonable efforts have been made to include accurate and up-to-date information on the Site, Reformulary Group Inc., its affiliates, related companies and their licensors do not warrant or guarantee the accuracy, completeness, correctness, adequacy, suitability, timeliness, or usefulness of the Site or the Information. Reformulary Group Inc. does not warrant or guarantee that the Site will operate uninterrupted or error-free. Use of the Site, and all Information, is at your own risk and you are solely and fully responsible for all consequences, however remote, resulting from your access and use of the Site or the Information, including without limitation, the reliance on or use of the Information as the basis for any conclusions. If you access this Site from outside of the Canada or the U.S., you are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Reformulary Group Inc. and its affiliates intend to make its services available in all countries. Reformulary Group Inc. cannot and does not guarantee or warrant that the Site or any Information are compatible with your systems or will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties, and you are responsible for implementing safeguards to protect the security and integrity of your systems. Reformulary Group Inc. disclaims any liability for unauthorized use or reproduction of any portion of the Site. To the extent some jurisdictions do not allow exclusions or certain warranties, these exclusions may not apply to you.

In no event will Reformulary Group Inc. or any of its affiliates or any of their respective licensors or officers, directors, employees or agents be liable, whether based on warranty, contract, tort, equity, strict liability, patent or copyright infringement or any other legal theory, for any damages of any kind including, without limitation, direct, indirect, incidental, consequential, exemplary and punitive damages, loss of profits, personal injury, wrongful death resulting from the use of, or the inability to make use of, the Site (including in connection with the transmission or downloading of any Information and anything caused by any transmission defects, viruses, human or machine error or omission, bugs, malfunction of any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections) or use of or reliance on any Information, whether or not Reformulary Group Inc., its affiliates, or their licensors are advised of the possibility of such damages. To the extent some jurisdictions do not allow limitations on some categories of damages, these limitations may not apply to you.

Indemnity

You agree to defend, indemnify, and hold harmless a Reformulary Group Inc. and its directors, officers, employees, agents and affiliates from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable legal fees), arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms.

No Endorsement

The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than Reformulary Group Inc. and Reformulary Group Inc. does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, Reformulary Group Inc. is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

A link to another site should not be construed to mean that Reformulary Group Inc. is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

The mention of another party or its product or services on the Site should not be construed as an endorsement of that party or its product or service.

Trade Marks

Certain words, phrases, names, designs, or logos used on the Site may constitute trademarks, service marks or trade names of Reformulary Group Inc. or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by Reformulary Group Inc. or other entities. Any unauthorized use or display of the trademarks or trade names of Reformulary Group Inc., its affiliates, related companies and their licensors is strictly prohibited.

Confidentiality

Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Reformulary Group Inc. will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Reformulary Group Inc. through the Internet, or that you expressly or implicitly authorize the Reformulary Group Inc. to make, or for any errors or any changes made to any transmitted information.

Privacy

Reformulary Group Inc.’s Privacy Policy and other related documents (the “Privacy Policy”) is available in the Privacy section of the Reformulary Group Inc. website home page at www.reformulary.com/privacy.html, which Privacy Policy in hereby incorporated into and forms part of the Terms.

Passive Information Collection

The Site uses various technologies to passively collect information from you while you are visiting (that is, you do not actively provide this information). Such technologies allow the Site to collect a range of non-personally identifiable information, including your Internet Protocol (IP) address (a unique identifier automatically assigned to your computer when logging onto the Internet), the type of Web browser and operating system you use, the date and time you visit the Web, the specific pages you visit on the Web Site, and the address of the Web site you visited before coming to the Web Site.

Reformulary Group Inc. can use such passively collected information for a variety of purposes, such as to administer the Site, customize the Site to your preferences, and compile aggregated statistics for marketing and research purposes. Reformulary Group Inc. reserves the unrestricted right to use this passively collected, non-personally identifiable information, including to: analyze trends; track movements around the Site; generate aggregate reports; and permit access to, or otherwise transfer it to Reformulary Group Inc.’s affiliates, or business partners.

The ”passive information collection“ technologies that we use may include “cookies”. Cookies are small text files that store information about your interactions with a particular Web site, either temporarily (known as a ”temporary“ or ”session“ cookie, and deleted once you close your browser window) or more permanently on the hard drive of your computer (known as a ”permanent“ or ”persistent cookie“). Cookies can make it easier to use a Web site by allowing servers to access certain information quickly. ”Session“ cookies can be used to help a user’s browser navigate a Web site more smoothly and may show up if the user comes from a Web site with which the subsequent Web site has some relationship (e.g., a Web site of an affiliated company) and can give helpful information. ”Persistent“ cookies can be used to customize a Web site for a user, such as by storing passwords, preferences, and registration and account information so that users do not have to reenter them each time they visit a Web site.

The Site uses both session/temporary cookies and persistent/permanent cookies to store information that allows Reformulary Group Inc. to offer you better service and to navigate through the Site with ease. To make the Site easier to use, Reformulary Group Inc. may combine information collected via cookies with personally identifiable information. Note that if you configure your browser to reject cookies, you might not be able to access important functions or areas of the Site or enjoy certain conveniences at the Site.

Active Information Collection

At various points on the Site, you might choose to actively provide certain kinds of information, including personally identifiable information, such as your full name and e-mail address and other personal details, etc. All information that you provide on the Site is provided at your option in connection with your use of the Site when you use interactive tools that may be available on the Site. With respect to all content and information you submit to the Site you represent and warrant to Reformulary Group Inc. that you have the lawful right to do so without limitation or restriction.

In any case, by submitting information via an ”active information collection point“ on the Site, you are expressly consenting to the collection, use, and disclosure of such information in accordance with the Privacy Policy. ”Active information collection points“ on the Site may include:

1. E-mail Reply Mechanisms

The Site may provide you with one or more e-mail mechanisms through which you may submit questions or comments. Information you provide via such e-mail mechanisms is all optional. Reformulary Group Inc. may use the information you provide in your e-mail to respond to your inquiry, and Reformulary Group Inc. reserves the right to retain whatever information you submit in your e-mail, including your name, e-mail address, and any comments or other information that you send via the e-mail mechanism.

2. Question, Comment, and Feedback Forms

The Site may post a form for you to use in submitting questions, comments, and other feedback about Reformulary Group Inc., its services and other topics. Reformulary Group Inc. uses such feedback information to improve the Site, as well as for marketing and research purposes. Most information you provide in such forms is optional, but you will need to provide at least some personally identifiable information, such as your name and e-mail address, so that Reformulary Group Inc. may respond to your inquiry.

Applicable Law

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement.

General

If any provision of the Terms is found to be invalid by any court of competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of any such provision or any other provision. These Terms and any other legal notices on the Site constitute the entire agreement between you and Reformulary Group Inc. with respect to the use of the Site and the Information.

Language

English shall be the language of the Site and the Terms, and all contents, information and communication in connection with the Site, and the parties waive any right to use and rely upon any other language or translations. Il est de la volonté explicite des parties que le présent site Web et toutes les affaires qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.