PRIVACY POLICY

Spexell Pharma is committed to protecting the privacy of users of our Web Site and has implemented specific procedures and policies (including this one) to do so. Spexell Pharma does not collect personal information that could be used to identify you, except when you voluntarily provide it. Personal information may be collected on the Web Site when you communicate directly with Spexell Pharma such as by e-mail or feedback forms or when you are asked specific questions. Also, although you are not required to register to access certain public sections of this Web Site, you may be asked to provide personal information when you register to visit or actually visit other restricted access sections of the Web Site. In each instance where personal information is being collected, you will be informed as to what information is required and what information is optional. WHENEVER YOU SUBMIT INFORMATION VIA THE WEB SITE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND THE TERMS OF USE.

During interaction with the Web Site, Spexell Pharma may use a browser tool called a 'cookie' to collect information automatically and track user patterns. A cookie is a small data file containing a unique identification number that identifies your browser - but not you - to a Web Site each time you visit that site. This technology does not collect personal information as the information is collected in an aggregate non-identifiable form. A cookie indicates which pages of a site are visited and, when aggregated, by how many people. Cookies are used to aid in enhancing the on-line experience. Unless you specifically advise Spexell Pharma, we will not know your identity, even though the Web Site may assign your computer a cookie. Spexell Pharma does not combine information gathered by a cookie with personally identifiable information such as a name, telephone number, or e-mail address without a user’s consent.

Most major Web Sites use cookies and most major browsers are configured to accept them. However, most browsers can be set to refuse to accept cookies or notify a user when the user receives a cookie. If you choose to modify your browser to refuse cookies, some pages of the Web Site may not function properly.

Using your Personal Information

Spexell Pharma uses your personal information for a number of important reasons. The information is used to operate and develop the Web Site and monitor interest in information contained on the Web Site. We may also use the information for our marketing and research purposes. Your personal information is also used on your behalf to personalize the presentation of the Web Site to your needs and interests and, if you request, to send you information that may be of interest to you. Spexell Pharma gives you the opportunity to "opt-in" to receiving such information when you provide your personal information.

Spexell Pharma may also use your personal information to create aggregated information that does not allow you to be personally identified or contacted. Rather than showing individual activity, aggregated information shows the behaviour of users as a whole. Spexell Pharma makes full use of all information acquired through the Web Site that is not in a personally identifiable form including aggregate information.
You should be aware that operators of linked Web Sites may also collect your personal information and information generated through the use of cookies when you link to their web sites. Spexell Pharma is not responsible for how such third parties collect, use or disclose your personal information. You are invited to check the privacy policies of linked Web Sites before providing the sites with your personal information.

Disclosing Your Personal Information

Spexell Pharma may disclose your personal information to those of its affiliates and related companies that agree to treat it in accordance with this Privacy Policy. Spexell Pharma will not, without your permission, disclose your personal information to unaffiliated third parties except under the following limited circumstances. Spexell Pharma reserves the right to disclose your personal information to:

(a) third party service providers for purposes related to supporting our business (e.g., fulfillment services, technical support, delivery services) and providing you with information that may be of interest to you (if you have opted in to receive such information as described above); and

(b) third parties in connection with the sale, assignment or other transfer of the business of this Web Site to which the information relates.

In either case we will require any such third party receiver of your personal information to agree to treat it in accordance with this Privacy Policy. Spexell Pharma will otherwise only release your personal information to third parties in the following limited circumstances:

(a) if a law, regulation, search warrant, subpoena or court order legally requires it to do so;

(b) if the rights or property of Spexell Pharma, its affiliates, subsidiaries, third party service providers or the users of the Web Site are in jeopardy; and

(c) if the personal safety of users of the Web Site or other members of the public are in jeopardy.

In addition, Spexell Pharma may disclose aggregated information that does not allow you to be personally identified to third parties.

Protecting Your Personal Information

Recognizing that your privacy is important to you, Spexell Pharma employs technical security measures to protect your personal information. However, no transmission over a public network such as the Internet can be guaranteed completely secured. Spexell Pharma, ITS AFFILIATES, RELATED COMPANIES, THIRD PARTY SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT PERSONAL INFORMATION WILL BE PROTECTED AGAINST MISUSE, LOSS OR ALTERATIONS AND DO NOT ACCEPT ANY LIABILITY FOR PERSONAL INFORMATION SUBMITTED TO THEM NOR FOR YOUR OR THIRD PARTIES' USE OR MISUSE OF PERSONAL INFORMATION.

Moreover, where you use passwords, ID numbers or other special access features on this Web Site it is your responsibility to safeguard them.

Accessing and Correcting Your Personal Information

To keep your personal information accurate, current and complete, please contact us as specified below. Once contacted, we will take reasonable steps to update or correct your personal information that you have previously submitted via the Web Site.

Contacting Us

If you have any questions, comments or concerns about this Privacy Policy please contact Spexell Pharma at 1-866-571-SPEX (7739).

Policy Change

Spexell Pharma reserves the right to change this Privacy Policy at any time. If we change this Privacy Policy we will post any changes to our Web Site. You are advised to review the Privacy Policy regularly for any changes and to ensure that you are aware of our current terms and conditions. In respective of this policy change we will not disclose any personnel information without the expressed consent of the client. This Privacy Policy was last updated on May 8, 2006.

TERMS OF USE

This Web Site is owned and operated by Spexell Pharma. Your access to and use of this Web Site is conditional on your agreement to be bound by these terms of use (“Terms of Use”) and all applicable laws. YOU AGREE TO BE BOUND BY THESE TERMS OF USE IF YOU ACCESS OR USE THIS WEB SITE. IF YOU DO NOT AGREE WITH ONE OR MORE OF THE TERMS OF USE, YOU MUST LEAVE THIS SITE. Although accessible by others, the Web Site and information contained in the Web Site is intended for use by Canadian residents only. YOU ARE NOT AUTHORIZED TO USE THIS SITE IF: you are a potential user in any jurisdiction of the world whose laws of any kind would (a) render accessing this Web Site illegal; or (b) void the Terms of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law and the disclaimer and limitations).

Any additional terms or conditions of use provided elsewhere on the Web Site relating to certain information provided by this Web Site are incorporated into and become part of the Terms of Use. Spexell Pharma reserves all right to modify the Terms of Use at any time and your continued access to or use of the Web Site following any modification to the Terms of Use indicates your assent to the modified Terms of Use. As such, you are responsible to review the Terms of Use regularly.

Use Restrictions

This Web Site and the information contained on the Web Site shall only be used for your own personal, non-commercial use. You may not frame this Web Site or otherwise link to the information contained on this Web Site. You agree that when using the Web Site you will not: (a) interfere with the use of the Web Site by others; (b) post or transmit any files which contain viruses, worms, Trojan horses or other code that presents contaminating or destructive properties; (c) post or transmit content that is indecent, obscene or pornographic; (d) post or transmit content for advertising or commercial solicitation; or (e) post or transmit content which defames, libels, or disparages or is injurious to Spexell Pharma, its related companies, affiliates, their licensors or a third party.

Trademarks and Copyright

This Web Site and the information contained on this Web Site are protected under applicable trademark and laws. Particular words, phrases and/or designs displayed on the Web Site may constitute trademarks (whether registered or not) or trade names of Spexell Pharma, its related companies, affiliates, their licensors or other third parties. Any unauthorized use of the trademarks or trade names of Spexell Pharma, its related companies, affiliates and their licensors is strictly prohibited. Title to the Web Site and the information contained in the Web Site remains with Spexell Pharma, its related companies, affiliates or their licensors unless otherwise noted.

You may print a single copy of the information contained on the Web Site for your own personal, non-commercial use, provided that any printed copy that you make retains all copyright or other proprietary notices and any disclaimer contained therein. Any other copying, retransmission, distribution, publication or further distribution of such information is strictly prohibited without the prior written consent of Spexell Pharma. Otherwise, nothing contained in the Terms of Use or the Web Site shall be interpreted in a manner, including by implication, estoppel or otherwise, that gives any license or right to use any trademark, trade name, copyright or other intellectual property right of Spexell Pharma, its related companies, affiliates or their licensors. If you link to any third-party Web Sites from this Web Site, you should follow the trademark and copyright provisions of those sites.

Conformance with Laws

In addition to complying with the Terms of Use, you agree to use the Web Site and information contained on the Web Site for lawful purposes only and in a manner consistent with all applicable local, nation or international laws and regulations that may apply to you.

User Information

Subject to Spexell Pharma’s Privacy Policy, should you provide information such as questions, comments, suggestions, ideas, or the like through any feedback mechanisms located herein, such information shall be deemed to be non-confidential. Spexell Pharma shall have no obligation of any kind with respect to such information and shall be free to use, reproduce, disclose, and distribute the information to others without limitation, including the developing, manufacturing and marketing of products incorporating such information. You warrant that the information you provide to or through access to this Web Site does not infringe the intellectual property rights of or breach any duty of confidence you may have to any third party.

Disclaimers

THIS WEB SITE AND THE INFORMATION CONTAINED ON THE WEB SITE IS PROVIDED "AS IS" AND Spexell Pharma MAKES NO AND DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT THE WEB SITE OR THE SOFTWARE AND SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TORJAN HORSES OR OTHER HARMFUL COMPONENTS.

REASONABLE EFFORTS HAVE BEEN MADE TO PROVIDE ACCURATE AND CURRENT INFORMATION ON THE WEB SITE. Spexell Pharma MAKES NO REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR USEFULLNESS OF THE WEB SITE OR ITS CONTENT.

YOU AGREE THAT ALL ACCESS AND USE OF THIS WEB SITE AND ITS CONTENT IS AT YOUR OWN RISK AND YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR USE OF THE WEB SITE OR THE INFORMATION CONTAINED ON THE WEB SITE.

THE WEB SITE MAY CONTAIN INFORMATION RELATED TO VARIOUS HEALTH AND MEDICAL CONDITIONS AND THEIR TREATMENT. SUCH INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR HEALTHCARE PROVIDER FOR YOUR PERSONAL MEDICAL NEEDS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations

IN NO EVENT SHALL Spexell Pharma, ITS RELATED COMPANIES, AFFILIATES OR THEIR LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABLILTY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL EXEMPLARY, PUNITIVE OR OTHER DAMAGES, LOSS OF PROFITS, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM YOUR USE OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THIS WEB SITE OR FROM YOUR RELIANCE ON ANY INFORMATION ON THIS WEB SITE.

Interpretive Provisions

Governing Law and Forum
Your use of the Web Site and the information contained on the Web Site shall be governed by the laws of the Province of Ontario and any applicable federal laws of Canada, and the courts of the Province of Ontario shall have exclusive jurisdiction over any legal disputes relating to the Web Site and the information contained on the Web Site.

Severability

If, in any jurisdiction, any term or conditions of the Terms of Use are held to be unenforceable by a court of competent jurisdiction, such term or condition shall be restricted or eliminated to the minimum extent necessary and the remaining terms or conditions of the Terms of Use shall otherwise remain in full force and effect.

Entire Agreement

The Terms of Use constitute the entire agreement between you and Spexell Pharma relating to the use of the Web Site and the materials and information contained in the Web Site and cannot be modified except as described elsewhere in these Terms of Use. Anything on the Web Site inconsistent with the Terms of Use is superseded by the Terms of Use.

No Waiver

No waiver of any term or condition of the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition of the Terms of Use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.