as

Terms of Use

Please read the following terms and conditions of use carefully before using this website. Your use of this website is subject to, and constitutes acceptance of, the conditions included in this notice.

 

Effective Date: April 24 2020.


Please read the following terms and conditions of use (the “Terms of Use”) carefully before using this website or its subdomains (this “Website”). Your use of this Website is subject to, and constitutes acceptance of, the conditions included in these Terms of Use. If you do not agree to these Terms of Use, you should exit this Website now.

Click on the links below to jump to sections of the Terms of Use:

General

This Website is provided by Vertex Pharmaceuticals (Canada) Incorporated (“Vertex”) for the convenience of visitors to our Website to provide general information about Vertex. Nothing on this Website should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. Your use of this site is at your own risk. Notwithstanding any other provision herein, Vertex reserves the right, in the event of a violation of these Terms of Use, to protect its rights, property and interests to the maximum extent of the law. Further, Vertex may suspend, discontinue or modify the Website at any time for any reason, without notice or any other obligation to you.

 

Intended Audience

This Website and its content are intended for access and use by Canadian residents only.

 

Dated Information

While Vertex may periodically update or correct information presented on this Website, the information presented on this Website may include typographical errors and/or technical inaccuracies and/or omissions. Vertex makes no representation or warranty as to the accuracy of any information at this Website and expressly disclaims any obligation to update such information. Vertex also reserves the right to make additions, deletions or modifications to any information on the Website at any time and from time to time without any prior notice.

 

Copyright and Trademarks

This Website, and the information which it contains, is the property of Vertex and its affiliates and licensors, and is protected from unauthorized copying and dissemination by Canadian copyright law, international conventions and other intellectual property laws. The trademarks and logos displayed on this Website are trademarks of Vertex except as otherwise noted. In particular, KALYDECO® (ivacaftor) and the KALYDECO logo, ORKAMBI® (lumacaftor/ivacaftor) and the ORKAMBI logo, SYMDEKO® (tezacaftor/ivacaftor and ivacaftor) and the SYMDEKO logo, Vertex and the Vertex logo are registered trademarks of Vertex Pharmaceuticals Incorporated, authorized for use in Canada by Vertex Pharmaceuticals (Canada) Incorporated. All other trademarks referenced herein are the properties of their respective owners. Nothing on this Website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice.

You may not access, monitor or copy any content or information on the Website using any robot, spider, scraper, web crawler or other automated means or any similar manual process. No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, or used to create derivative works, except that we authorize you to view, download and print Vertex documents such as product monographs that are made available for public access on the Website; provided that (i) such documents shall be used solely for noncommercial, informational purposes; (ii) such documents shall not be modified; and, (iii) no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents.

Your Use of the Website

You represent, warrant and covenant that you shall use the Website only as set forth in these Terms of Use. You agree to comply with any other applicable terms and conditions of use set forth on the Website. You may not violate the security of the Website or attempt to gain unauthorized access to the Website or computer systems or networks connected to the Website through any means.

In the event you gain access to information or materials not intended to be accessed by you, you agree that you will immediately notify Vertex and destroy all copies of such information in your possession.

Privacy

If you submit any information (including personal information) at this Website, such information will be subject to the Vertex privacy policy, which is at available at https://www.global.vrtx.com/english-privacy-non-us-residents. The sender of any information to Vertex is solely responsible for its content, including, without limitation, its accuracy, truthfulness and non-infringement of any other person's legal rights.

 

Disclaimer

Any medical information contained on this Website is general in nature and for informational purposes only. We do not offer medical diagnosis or treatment from this Website, and none of the information contained on this Website should be construed as providing medical advice or services of any kind. You should not use the information contained herein for diagnosing a health problem or disease; Vertex makes no representations or warranties as to its accuracy. Persons requiring diagnosis or treatment or with questions specific to a single individual are urged to contact their healthcare provider.

Your use of this Website and any linked websites is at your own risk. Neither Vertex nor any other party involved in creating, producing or delivering this Website shall be liable for any direct, indirect, incidental or consequential damages arising out of your access to, or use of, this Website or any linked website. This includes damage due to viruses or other harmful or malicious code that may infect your computer equipment.

WITHOUT LIMITING THE FOREGOING, EVERYTHING AT THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION VERTEX DOES NOT WARRANT THAT: (A) THE MATERIALS, FUNCTIONS OR SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; OR (C) THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

VERTEX AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU TO VERTEX THROUGH THE WEBSITE (OR THE CONTACT INFORMATION ON THE WEBSITE) WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

VERTEX’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE SHALL NOT EXCEED $1.00.

Applicable Law

Regardless of the location from which you access this website, by accessing this website you and Vertex agree that the laws of Ontario and applicable federal laws of Canada, without regard to conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this website or any information it contains. With respect to such disputes, you and Vertex also agree and hereby submit to the exclusive jurisdiction and venue of any court located in Toronto, Ontario.

 

Links to Other Websites

This Website contains links to websites maintained by other companies. Vertex is providing these links to you only as a convenience. Vertex has not reviewed all of the websites that may be linked from this Website and is not responsible for the context of such other websites linked from the Website. The inclusion of any such link to another website does not imply that Vertex endorses any third-party website or third-party company or product. Vertex does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy of any information presented at such other websites. Use of any such linked website is at your own risk and is subject to the terms of use of that website.

Links to This Website

Links to any document published by Vertex on this Website should be made to the home page only, without deleting any frames, or our URL address.

 

Changes to This Notice

Vertex may revise these terms at any time without prior notice, which shall be effected by posting of the updated Terms of Use to this Website; provided that any such changes shall only apply to your use of this Website after the date of such change, unless you expressly accept retroactive application of such changes, via click-through, signed agreement or otherwise. You should visit this page each time you access this Website to review the then-current conditions applicable to your use of this Website.

 

Miscellaneous

We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.