page carries important information and details about the relationship
between you and the Pegasus Lifecare Inc. ("Lifecare").
The use of and access to the information, materials and/or services
("Information") on www.pegasuslifecare.com ("Site")
is subject to the terms and conditions set out in the Agreement
to use this Site.
PLEASE READ THESE TERMS OF AGREEMENT CAREFULLY BEFORE USING THIS
SITE. BY USING THIS SITE (AS HEREINAFTER DEFINED), YOU SIGNIFY
YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS
AND DESCRIPTION; PLEASE DO NOT USE THE SITE.
1. Registration Obligations
You are not obligated to register with us in order to access the Site.
We offer certain services through the Site, however, for which registration
is necessary. For example, to purchase our products online, you
are required to provide your billing address, phone number, e-mail
address, credit card number, and credit card expiration date to
us. All submissions of such information are governed by our Privacy
In consideration of your use of the Site and the services, you agree,
where information is requested, to provide true, accurate, current, and complete information about yourself,
and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate,
not current, or incomplete, we may terminate your use of the Site and/or the services.
You are responsible for maintaining the confidentiality of your password and agree not to transfer your use of or access to the Site or any services to any third party.
You are fully responsible for all activities that occur under your password and/or user name.
You agree to (a) immediately notify Lifecare of any unauthorized use of your password or user name or any other breach of security,
and (b) ensure that you exit from your account at the end of each session, if applicable.
Lifecare is not liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.
All Information provided on this site is presented
in summary form only to aid your general understanding, and should
not in any way be construed as or used as a substitute for advice
of a qualified medical professional or for qualified medical instruction
for any specific clinical situation. This Information is presented
"AS IS" without warranty as to its accuracy, reliability,
timeliness, usefulness, medical viability or completeness.
As an express inducement to Lifecare to permit
you to use the Site, you represent and warrant that you will not
under any circumstances use the Information contained herein for
other than general informational purposes, that you will instead
always rely upon the advice of your qualified expert advisors,
and that in particular, you will never under any circumstances
use Information contained herein for evaluation, diagnosing, managing
or treating a health or fitness problem, condition or disease,
and that you will instead always consult and rely upon the advice
your own qualified physician and medical advisors respecting evaluation,
diagnosis, management or treatment of any such condition or disease.
If you are a medical professional, then in addition
to the foregoing, you also acknowledge that the Information provided
on the Site is for general informational purposed only, and you
warrant and represent that you will only use such Information
for such purposes, and that any such use is further subject to
your expert judgment, training and experience as a qualified medical
professional and to your compliance with all laws and standards
of all relevant medical boards and communities, including those
specialties in which you practice.
This website serves for our customers outside Canada only.
Agreement incorporates the terms of this Site's Privacy
wish to purchase products described on the Site, you will be asked
to supply certain information applicable to your purchase, including,
without limitation, credit card and other information. You understand
that any such information will be treated by us in the manner
that you provide to us will be accurate, current, and complete.
You agree to pay all charges incurred for purchases made in connection
with your user name and/or account at the price(s) in effect when
such charges are incurred. You will also pay all applicable taxes
resulting from your purchases. All payments for purchases made
online may be made by credit card only.
You agree to defend, indemnify, and hold harmless Lifecare, and
their respective directors, officers, employees, and agents from
and against all claims, losses, costs, and expenses (including
attorneys fees) arising out of (i) your activities in connection
with your unauthorized use of the Sites; (ii) any violation of
the Agreement by you; or (iii) any allegation that anything you
post, transmit, or make available on the Site infringes or otherwise
violates the copyright, trademark, trade secret, privacy, or other
rights of any third party.
The Site may provide links to other Internet sites or resources.
Because Lifecare has no control over such sites and resources,
you acknowledge and agree that Lifecare is not responsible for
the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from
such sites or resources. Other sites may provide links to the
Site with or without Lifecare's authorization. Lifecare has no control
over sites that provide links to the Site, and you acknowledge
and agree that Lifecare does not endorse such sites and is not
responsible for any links from those sites to the Site or for
any content, advertising, products, or other materials available
on such other sites. You further acknowledge and agree that Lifecare
shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with the use of or inability to use (i) any sites or resources
that Lifecare provides links to or that provide links to the Site,
or (ii) any content, goods, or services available on or through
any such sites or resources. Lifecare shall have the right, at
any time and in its sole discretion, to block links to the Site
through technological or other means, without prior notice.
or Suspension of Services
Lifecare reserves the right, at any time and from time to time,
to modify or discontinue, temporarily or permanently, services
(or any part thereof) without notice. You agree that Lifecare shall
not be liable to you or to any third party for any modification,
suspension, or discontinuance of services or of any content, feature,
or product offered on the Site. Your continued use of the Site
after such changes will indicate your acceptance of the changes.
8. No Warranty
Lifecare cannot and does not make any warranty against human and
machine errors, omissions, delays, interruptions or losses, including
loss of data. Lifecare cannot and does not guarantee or warrant
that files available for downloading from this online Site will
be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties.
You agree that Lifecare, in its sole discretion, may terminate
your use of the Site and/or services, for any reason, including,
without limitation, if Lifecare believes that you have violated
or acted inconsistently with the letter or spirit of this Agreement,
applicable to any services provided through the Site. You agree
that any termination of your access to the Site and/or services
under any provision of this Agreement may be effected without
prior notice, and acknowledge and agree that Lifecare may immediately
deactivate or delete your password and user name and all related
information and files associated with it and/or bar any further
access to such files or services. Lifecare shall not be liable
to you or any third party for any termination of your access to
10. Jurisdictional Issues
Lifecare neither represents nor warrants that the Site or services
are appropriate or available for use in any particular jurisdiction,
whether within or outside Canada. Accessing the Site or services
from any location other than Canada is at your own risk, and you
accept full responsibility for compliance with all local laws.
You are also subject to Canadian export controls and are responsible
for any violations of Canadian embargoes or other federal rules
and regulations restricting exports. We may limit the Site's availability
or the provision of any of services or of any product described
thereon to any person, geographic area, or jurisdiction we choose,
at any time in our sole discretion, and we may limit the quantities
of any such service or product.
11. Governing Law
This Agreement shall be governed by and interpreted in accordance
with the laws of Province of British Columbia and Canada, without
regard to their principles of conflicts of law. Any action to
enforce this Agreement shall be brought in the courts located
in British Columbia, Canada. You hereby agree to personal jurisdiction
by such courts, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts. For non-Canada residents, we
recognize that this Agreement may be governed by and interpreted
by the laws pertaining to the country in which you reside or,
if different, the country in which you access the services. You
acknowledge and agree that if you reside outside the Canada, certain
services may not be available to you.
12. Limitation of Liability
Lifecare provides the contents of this Site for general informational
purposes and for your general interest only. By using the Site
you hereby agree not to rely on any of the Information contained
herein. Under no circumstances, including, but not limited to,
negligence, shall Lifecare be liable for your use of or reliance
upon any such Information, nor shall Lifecare be liable in any
manner for any direct, incidental, special, consequential, indirect
or punitive damages that result from the use of, or the inability
to use, or your reliance upon the Information in this Site or
the Information in any sites or pages linked to these sites.