These Terms of Use (“Terms”) have been prepared by ZYUS Life Sciences Corporation, on behalf of itself and its subsidiaries and related companies (collectively, “ZYUS” “we” or “us”). These Terms govern your access and use of ZYUS’ websites, which include our: (i) corporate website located at www.zyus.com (ii) medical use website located at www.zyus.com (iii) mobile apps, social media properties and other online services, all of which are collectively referred to in these Terms as the “Websites”.
The Websites, including all pages and materials made available under the domain names of the Websites, is owned by ZYUS and provided as a service to our customers and investors (“you”). Please read the following terms and conditions carefully as they contain important information regarding your legal rights, obligations and remedies. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [www.zyus.com/privacy-policy/default.aspx] (collectively “the Agreement”).
If you do not agree to the Agreement, you must not access the Website.
Change to the Terms of Use
ZYUS reserves the right to update or modify this Agreement at any time without notice. If the Agreement has been updated, ZYUS will post the new Agreement on the Website and indicate the date it was updated. Your use of the Websites following any such update, will constitute your acceptance of the Agreement as amended.
Eligibility Requirements
By using the Websites, you represent and warrant that you are of legal age in your jurisdiction of residence and are legally capable of entering into a binding contract. If you are not the age of majority in your jurisdiction, you must only use the Website under the supervision of your parent or legal guardian who agrees to this Agreement. If you are a legal guardian or parent, you must monitor and supervise the use of the Website by the minor and you are fully responsible for the minor’s use of the Websites.
If you access the Websites outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.
Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ZYUS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ZYUS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
WE DO NOT OFFER MEDICAL, FINANCIAL OR INVESTMENT ADVICE. ANY INFORMATION ACCESSED THROUGH THE WEBSITES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, FINANCIAL ADVICE OR INVESTMENT ADVICE. IF YOU REQUIRE OR DESIRE SUCH ADVICE, YOU SHOULD CONSULT YOUR DOCTOR, QUALIFIED HEALTH CARE PROVIDER, FINANCIAL ADVISOR OR INVESTMENT ADVISOR. NEVER DISREGARD PROFESSIONAL MEDICAL, FINANCIAL OR INVESTMENT ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITES.
Intellectual Property
The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively the "Materials") are owned by ZYUS, its licensors, or other providers of such material and are protected by Canadian, U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on our Websites.
You must not access or use for any commercial purposes any part of the Websites or any services or Materials available through the Websites.
No right, title, or interest in or to the Websites or the Materials is transferred to you, and all rights not expressly granted are reserved by ZYUS. Any unauthorized use of the Websites and Materials may result in legal action.
If you wish to make any use of any Materials on the Websites other than as set out above, or if you believe that your intellectual property has been improperly used on the Websites please address your request to: Legal@zyus.com.
Trademarks
The Websites may contain trademarks, logos, and trade-names that are the property of ZYUS (the “ZYUS Trademarks”) or such third party as indicated with respect to that trademark, logo or trade-name. You are not permitted to use the ZYUS Trademarks for any purpose other than those specified herein.
Links
References on the Websites to any names, marks, products or services of third parties or links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply ZYUS’ endorsement, sponsorship or recommendation of the third party, information, product or service. ZYUS is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.
Site Security
In using the Websites, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers or networks connected to or accessible through the Websites or linked web sites; (b) not to disrupt or interfere with any other user’s enjoyment of the Websites or linked web sites; (c) not to upload, post, or otherwise transmit through the Websites any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another’s account, service or system without authorization from ZYUS, or create or use a false identity on the Websites; € not to transmit through or on the Websites spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password, if applicable, to others either on or off the Websites; (g) not to attempt to obtain unauthorized access to the Websites or portions of the Websites which are restricted from general access; and, (h) not use the Websites to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to an individual’s particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications you undertake or transmit using the Websites, and that you will comply with all applicable local, provincial, national and international laws and regulations, including but not limited to Canadian restrictions, that relate to your use of or activities on the Websites.
Disclaimer of Warranties
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE WEBSITES ARE PROVIDED BY ZYUS ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZYUS MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITES OR SERVICES PROVIDED THROUGH THE WEBSITES. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, ZYUS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT) RELATING TO THE WEBSITES OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZYUS DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED AND THAT THE WEBSITES WILL BE ERROR- FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITES, THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THE WEBSITES.
Securities Disclaimer
The Websites are for information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any of our securities, or any other company, in any jurisdiction. Investors are advised to make investment decisions based on their own judgment and only after reviewing ZYUS's securities filings. Accordingly, investors should review ZYUS’ most recent public disclosure documents filed with North American securities regulatory authorities before making investment decisions with respect to ZYUS’ securities.
Portions of the Websites may contain forward-looking statements that are based on current expectations, estimates, forecasts and projections about our business and the industry in which we operate and include beliefs and assumptions made by the management of our company. Words such as "expect" and "will" are intended to identify such forward-looking statements. These statements are not guarantees of future performance and involve assumptions and risks and uncertainties that are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed, implied or forecasted in such forward-looking statements. We do not intend, and we disclaim any obligation to update any forward-looking statements, except as required by law. ZYUS cautions that actual future performance will be affected by a number of factors, many of which are beyond the our control. Therefore, future events and results may vary substantially from what we currently foresee. ZYUS is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements, whether as a result of new information, future events or otherwise.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ZYUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF ZYUS’ REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE DOLLAR ($1) CANADIAN.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT OR YOUR RIGHT TO USE THE WEBSITES.
Indemnification
You agree to defend, indemnify and hold ZYUS and its affiliates, licensors, service providers, employees, agents, officers or directors harmless from and against any and all loss, liabilities, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Websites or any breach of this Agreement, including but not limited to any third party claim that any information or materials you provided infringe upon any third party’s proprietary rights. This provision shall survive the termination of this Agreement or your right to use the Websites.
Jurisdiction
This Agreement shall be governed by the laws of the Province of Saskatchewan and the laws of Canada and claims shall be determined in the province and courts of the Province of Saskatchewan, Canada. Should any provision in these Terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.
Miscellaneous
This Agreement represents the complete agreement between yourself and ZYUS in relation to the use of the Websites and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of ZYUS to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit ZYUS’ rights with respect to such breach or any subsequent breaches. ZYUS shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay or failure is due to causes beyond its control.
Contact ZYUS
If you have any questions about these Terms of Use, please write or email to:
ZYUS Life Sciences Inc.
c/o: VP of Legal Affairs
204-407 Downey Road
Saskatoon, Saskatchewan S7N 4L8
Canada
Email: legal@zyus.com
These Terms of Use were last updated on January 29, 2024.