This website (the “Website”) is owned by Spectral Medical Inc. (“Spectral”) and is operated by Spectral and its contractors. By accessing and using the Website, you agree to be bound by the following terms and conditions (“Terms and Conditions”) and all applicable laws. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE. Spectral reserves the right to modify the Terms and Conditions at any time. Your continued access and use of the Website confirms your acceptance of the Terms and Conditions as modified. It is your responsibility to review the Terms and Conditions regularly.
Use of the Website
You may browse the Website for general information only. Any financial information provided on the Website should not be interpreted as a public offering or an invitation to invest. By accessing the Website, you agree to use the information contained on the Website in accordance with all applicable local, provincial, national or international laws and regulations. THE CONTENTS OF THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE INTENDED EXCLUSIVELY FOR HEALTH CARE PROFESSIONALS. THE CONTENTS OF THE WEBSITE ARE NOT INTENDED TO REPLACE OR SUBSTITUTE THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD SPEAK TO YOUR OWN HEALTHCARE PROFESSIONAL, WHO IS THE BEST SOURCE OF INFORMATION REGARDING YOUR HEALTH-RELATED QUESTIONS. ABSOLUTELY NO INFORMATION CONTAINED ON THE WEBSITE SHOULD BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
Spectral grants to you a limited non-exclusive license to view, copy and print the material on the Website for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that appear on the Website. Except as provided in the previous sentence, you may not use, copy, distribute, modify, transmit, revise, reverse engineer, republish, translate, sell, exploit, post or create derivative works of the contents of the Website, in whole or in part, without Spectral’s prior written permission. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Except as expressly provided above, nothing in the Terms and Conditions shall be construed as granting you any license under any patent, trademark or copyright of Spectral or any third party. Spectral reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Website, including without limitation, taking legal action, or suspending or terminating your access to the Website without notice.
Currency of Website
Spectral updates the information on the Website. However, such information is not intended to be a comprehensive review of all matters and developments concerning Spectral and Spectral does not guarantee the accuracy, currency or completeness of the information and assumes no responsibility in this regard.
Collection of Information
THE CONTENTS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. SPECTRAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE. SPECTRAL MAKES NO WARRANTIES OR REPRESENTATIONS, WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SUITABILITY, FOR ANY PURPOSE, OF THE CONTENTS OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY EXPERT OPINIONS AND EXTRACTS FROM PRESS ARTICLES THAT MAY BE POSTED ON THE WEBSITE), YOUR USE OF THE WEBSITE, OR YOUR USE OF THE CONTENTS OF ANY WEBSITE LINKED TO THE WEBSITE. WITHOUT LIMITING THE FOREGOING, SPECTRAL MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THE WEBSITE OR ANY WEBSITE TO WHICH IT IS OR CAN BE LINKED.
SPECTRAL DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER OPERATING SYSTEM, OR WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTIONS, OR WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU USE THE WEBSITE AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE. THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES.
THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEBSITE.
SPECTRAL, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WRONGFUL DEATH, BUSINESS INTERRUPTION AND WHETHER RESULTING FROM THE USE OR INABILITY OF USE OF ANY CONTENTS OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY EXPERT OPINIONS AND EXTRACTS FROM PRESS ARTICLES THAT MAY BE POSTED ON THE WEBSITE), OR A WEBSITE LINKED TO THE WEBSITE, OR ANY OTHER CAUSE AND EVEN IF CAUSED BY THE NEGLIGENCE OF SPECTRAL OR ITS AFFILIATES, OR IF SPECTRAL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR BOTH.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF SPECTRAL, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING TO YOU HEREUNDER SHALL NOT EXCEED YOUR ONLINE CHARGES FOR ACCESSING THE WEBSITE.
You agree not to: (i) interfere with other users’ use of the Website; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; and (v) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.
Your use of any content on the Website, except as provided in the Terms and Conditions, is strictly prohibited. Spectral retains all copyright and other proprietary rights in the contents of the Website. In any use of the contents of the Website, Spectral retains all copyright or other proprietary rights to the content as described in all notices and disclaimers contained thereon. You are not permitted to use the trademarks displayed on the Website without the prior written consent of Spectral or the third party that owns such trademarks. Except as expressly provided for in the Terms and Conditions nothing herein shall be construed as conferring any license or right to or under any patent, trademark, copyright or other rights owned by Spectral, its affiliates, related companies or their licensors.
Your access to and use of the Website and its contents shall be governed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby attorn and submit to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto and waive objection to the venue of any proceeding in such court or that such court constitutes an inappropriate forum.
Forward Looking Statements
Certain statements contained on the Website constitute forward-looking information within the meaning of securities laws. Forward-looking information may relate to our future outlook and anticipated events or results and may include statements regarding our future financial position, business strategy, budgets, litigation, projected costs, capital expenditures, financial results, taxes and plans and objectives. In some cases, forward-looking information can be identified by terms such as “may”, “will”, “should”, “expect”, “plan”, “anticipate”, “believe”, “intend”, “estimate”, “predict”, “potential”, “continue” or other similar expressions concerning matters that are not historical facts. These statements are based on certain factors and assumptions regarding, among other things, expected growth, results of operations, performance, and business prospects and opportunities. While we consider these assumptions to be reasonable based on information available to us as of the date of posting such statements to the Website, they may prove to be incorrect. Forward looking-information is also subject to certain factors, including risks and uncertainties that could cause actual results to differ materially from what we currently expect. These factors include, among other things, the availability of funds and resources to pursue development projects, the successful and timely completion of clinical studies and regulatory filings, the ability to take advantage of business opportunities, the granting of necessary approvals by regulatory authorities, the ability to manufacture our products, and general economic, market and business conditions. For more exhaustive information on these risks and uncertainties you should refer to our most recently filed Annual Information Form which is available at www.sedar.com. Forward-looking information contained on the Website is based on our estimates, expectations and projections, which we believe are reasonable as of the date such information was posted. You should not place undue importance on forward-looking information and should not rely upon this information. While we may elect to, we are under no obligation and do not undertake to update this information at any particular time.
We make no representation that the content on the Website is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws, rules and regulations, keeping in mind that access to certain content may not be legal by certain persons or in certain countries.
Some products described on the Website may be region specific and may not be approved in some countries or regions. Please contract Spectral at email@example.com to obtain appropriate product information for your country of residence. References to products, services or programs not offered in your country or region do not imply that Spectral intends to announce such products, services or programs in your country or region.
August 6, 2019
IP Protocol (IP) Addresses
When you access the Internet using your computer, your Internet service provider assigns you an IP Address. Generally, every time you connect to the Internet, your IP Address changes. In some circumstances, your IP Address may not change in which case it can be associated with your particular computer. Examples of the type of information that can be collected using your IP Address include your type of Internet Browser and the type of computer operating system you are using. Spectral, or its authorized agents, may use your IP Address to collect and report aggregate information on how the Website is being used and ways in which the Website can be improved.
Web Log Information
Web log information is non-Personal Information that is collected by the computer that hosts the Website when you visit the Website, including, but not limited to, the date and time you visited the Website, the type of Internet Browser you are using and the type of computer operating system you are using. Web log information may be collected and used by Spectral or its authorized agents in aggregate to assess how the Website is being used and how to improve the Website.
The Website uses technology called “cookies”. A cookie is a token that a server gives to your browser when you access a website on the Internet. Cookies are capable of storing many types of data. Cookies help provide additional functionality to the Website or help us analyze the Website usage more accurately. With most Internet Browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your Internet Browser’s instructions or help screen to learn more about these functions.
Contacting Spectral By E-mail
Any communication, comments, ideas, concepts, know-how, techniques, material or other information (collectively, the “Communication”) that you voluntarily post or transmit to Spectral by e-mail or any other functionality that may be offered on the Website from time to time, is, and will be treated as, non-confidential and non-proprietary. By transmitting any Communication to Spectral by e-mail, you grant to Spectral and all of its affiliates, an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, distribute, publish, broadcast or post your Communication for any purpose. However, we will not release your name in connection with such Communication unless: (a) you grant us permission to do so; (b) we first notify you that the Communication you submit to a particular part of the Website will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Collection of Personal Information
When accessing certain aspects of the Website you may be asked to voluntarily provide certain Personal Information. You will be informed what information is required and what information is optional in order to access such aspects of the Website.
Use of Personal Information
Spectral collects information, including Personal Information that you voluntarily provide to us through your use of the Website. Your Personal Information is stored on secure servers maintained by Spectral or by a third party on Spectral’s behalf. Information collected on the Website, including Personal Information, may be stored on secure servers located outside of Canada.
Spectral may use your Personal Information: (i) to respond to your questions or requests for additional information; (ii) to provide you with information that you have specifically requested, or that Spectral may ask you if you would like to receive; (iii) to better facilitate your use of the Website; (iv) to develop future topics for the Website; (v) to improve the Website; (vi) to understand how we can improve our products and services; and (vii) for the distribution of press releases and/or annual reports.
Spectral may also use aggregate information that does not contain Personal Information for various purposes, including to track and monitor visitors’ use of the Website. Spectral may also disclose aggregated information that does not include personally identifiable information to third parties.
Spectral does not sell your Personal Information to third parties. Spectral will not disclose your Personal Information to any third party, unless: (i) such disclosure is otherwise revealed to you when you submit your information; (ii) it is required by law or by an order of a competent court; (iii) if the rights or property of Spectral, its affiliates, third party service providers, or users of the Website are in jeopardy; or (iv) if the safety of users of the Website or the general public are in jeopardy.
Spectral is careful to ensure that the information you voluntarily provide to the Website is as secure as possible; however, you must be aware that transmissions over the Internet cannot be guaranteed to be completely secure. Spectral, its affiliates and any directors, officers, employees, agents, contractors, subcontractors or agents of the foregoing do not represent, warrant or guarantee that Personal Information will be protected against misuse, loss or modification, nor do such parties accept liability for the security of a user’s Personal Information submitted on or in connection with the Website.
Disclosure of Personal Information to Third Party Service Providers
Spectral may have third party service providers perform services relating to the development, operation and maintenance of the Website or relating to other services noted above. Such third party service providers may have access to your Personal Information, as is reasonably necessary, for the purpose of providing their services to Spectral.
Access to Personal Information
If we hold Personal Information about you, you are able to access, change and update your Personal Information at any time. Requests for access to your Personal Information can be made in writing to:
Spectral Medical Inc.
135-2 The West Mall
M9C 1C2 Canada
Questions Regarding Your Personal Information
All questions or concerns regarding our use of your Personal Information should be directed, in writing, to:
Spectral Medical Inc.
135-2 The West Mall
M9C 1C2 Canada