Terms of Use

TERMS OF USE

This website is owned and operated by Avalon Laboratories Inc., a company incorporated under the laws of the Province of Newfoundland and Labrador whose registered office is at 137 LeMarchant Road, St. John’s, NL, Canada, A1C 2H3 (hereinafter “Avalon“).

General

Please read these Terms of Use carefully because by using this Website, you are acknowledging and agreeing to them.  If you do not agree with these Terms of Use, you may not access or use this Website.

If you are entering into this Agreement on behalf of a company or other legal entity (rather than in your personal capacity), you represent that you have the authority to bind such company or other entity to these Terms of Use and, in such event, “you”, when used in these Terms of Use, refers to such company or other entity.

For the purposes of these Terms of Use, “this Website” means all the web pages related to the avalonlaboratories.ca site, excluding any links to third party sites.

Disclaimers

Any information created or posted by Avalon is believed to be reliable when posted. However, Avalon does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information provided. Reliance on any information appearing on this Website is at your own risk. Avalon expressly disclaims all warranties, representations and conditions regarding use of this Website or the information. Avalon assumes no obligation to update the information or advise on further developments concerning topics mentioned. The information is supplied “as is” and may contain errors. The information may be changed from time to time without notice. Certain portions of the information may have been contributed by other persons and should not be assumed to have been reviewed or endorsed by us.

Avalon does not warrant or make any representations as to the security of this Website nor does it warrant that this Website will work uninterrupted or error free, that defects will be corrected or that this Website is free from viruses or other harmful elements. Neither Avalon nor any of its agents or subcontractors shall be liable for any damages either direct, indirect, special, consequential, punitive or other damages (including but not limited to financial losses, loss of data, loss of profits, loss of business, and business interruption) arising out of the use of or inability to use this Website or the content, information or advice provided thereon, including any damage to or any virus that may infect your computer equipment.

You indemnify Avalon against damages or claims otherwise resulting from your use of this Website including, without limitation, your use of any Communications Services (as defined below) and your provision of any links to this Website.

Communications

This Website may, from time to time, include certain functions or capabilities that permit you to communicate with Avalon or with others (“Communications Services”).  You are prohibited from using any Communications Services for posting, sending or receiving messages which are inappropriate or unrelated to the purpose of the Communication Service. Avalon is not liable for any loss or damage resulting from your use of any Communications Services.  Without limiting the generality of the foregoing, you may not use any Communications Services to: (i) defame, abuse, harass or threaten others; (ii) publish, post, upload or disseminate infringing, obscene or unlawful material; (iii) upload files, software or programs covered by intellectual property rights of others; (iv) upload viruses, corrupted files or programs which might damage the computers of others; (v) advertise or promote any goods or services; (vi) conduct or forward surveys, contests, pyramid schemes or chain letters; (vii) falsify or delete any author attributions, legal notices or proprietary designations; (viii) restrict or inhibit any other user from using and enjoying the Communications Services; (ix) harvest or collect information about others, including e-mail addresses; (x) violate any applicable laws or regulations.

Avalon may review and remove any material posted, sent or received using Communications Services at its discretion.  Avalon may terminate your access to any Communications Services at any time for any reason without notice to you.

Avalon may disclose any information communicated using Communications Services as required or permitted by law, legal process or government request.

Password and Account Security

You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access or use this Website and that you will be solely responsible to Avalon for all activities that occur under your account. If you allow others to access this Website through your account and password, you will indemnify Avalon and its affiliates against any liability or costs arising from claims by other people based on their access and use of your account.

In the event you become aware of any unauthorized use of your password or your account, you shall notify Avalon immediately.

You agree not to access the Services through other means except through the interface provided by Avalon.

Third Party Links

This Website may include links to external or third-party websites. Such external or third-party websites are accessed at your own risk and responsibility and Avalon is not in any way responsible or liable for the owners or operators of these websites, for any goods or services they supply or for the content, use or availability of their websites.

Copyright and Trademarks

All information on this Website is copyrighted by us or other contributors. Avalon grants you a limited licence to use (display or print) the information for personal, non-commercial use only, provided the information is not modified and all copyright and other proprietary notices are retained. You are strictly prohibited from making any other use of the information on this Website without our permission and the permission of the applicable rights’ holders. None of the information on this Website may be otherwise reproduced, republished or re-disseminated in any manner or form without our prior written consent. Nothing contained in these Terms of Use grants or confers on you any right or any copyright in any of the information provided on or through this Website.

The name “Avalon Laboratory Inc.” and all other Avalon trade names, trademarks, logos and other indicators of origin found on this Website or on any of the written materials accessible through this Website are owned by Avalon (the “Avalon Marks”). Nothing in these Terms of Use grants or confers on you the right to use any Avalon Marks for any purpose and you agree not to display or use the Avalon Marks in any way.

You may not remove, obscure or alter any trade mark notices that might be contained within this Website or as part of any written materials accessible through this Website.

Linking to this Website

If you wish to provide a hypertext or other link to this Website, you must e‐mail us with details of:

  1. the URL(s) of the web page(s) from which you are proposing to link to this Website; and/or
  2. the URL(s) of the web page(s) on this Website to which you are proposing to link.

We will consider your request. It is our decision as to whether you may provide a hypertext or other link to this Website and we are under no obligation to permit you do so.

User Content

By submitting, posting or displaying any comments, suggestions, graphics, videos, images, ideas (including product and advertising ideas) and other information or materials you submit, post or display using any Communications Services, you grant Avalon a perpetual, irrevocable, worldwide, royalty free and non-exclusive license to reproduce, modify, translate, publish, broadcast or otherwise use or distribute such information and materials and you waive all moral rights you have therein.

Changes to Terms of Use

Avalon may change these Terms of Use from time to time. Such amended Terms of Use shall be effective upon publication on this Website. By accessing and using this Website you are accepting that you are bound by the (then) current terms of use and disclaimer. Please check these Terms of Use regularly to ensure that you are aware of all terms governing your use of this Website.

Operation, Modification and Suspension of Website

Avalon may change the format and content of this Website at any time and may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason. Avalon reserves the right to terminate access to this Website at any time and without notice.

Data Protection

Personal details provided to Avalon through this Website will only be used in accordance with our privacy policy. Please read this policy carefully before using this Website. By providing your personal details to us you are consenting to their use in accordance with our privacy policy.

Data Storage

You understand that Avalon may establish practices and limits concerning its Services, such as the maximum number of days that information submitted through this Website will be retained, the maximum disk space allowed on Avalon’s computer system respecting your account, and the maximum number of times you can access information using this Website in a given period of time. You understand and accept that Avalon has no responsibility or liability for the deletion of messages or content maintained or shared using Communications Services or otherwise using this Website; or for the loss of information or data because of the malfunction of data servers or other events. You also should understand that Avalon has the right to change these practices and limits at its own discretion.

General Provisions

Entire Agreement. These Terms of Use represent the entire agreement between you and Avalon. It governs your use of the Website and replaces any prior agreements made between you and Avalon on this matter. You may also be subject to additional terms and conditions that may apply when you purchase any products or services from Avalon.

Applicable Law and Arbitration. Disputes with Avalon arising from these Terms of Use (“Disputes”) will be governed by the laws of Newfoundland and Labrador regardless of your country of origin or where you access Avalon. Any Disputes shall be resolved by arbitration in accordance with the Arbitration Act (Newfoundland and Labrador), and shall be held in St. John’s, Newfoundland and Labrador, in English, with written reasons from the arbitrator at either party’s request, and with arbitration costs and solicitor fees of both parties to be borne by the party that loses. Either party can obtain injunctive relief, orders to compel arbitration, or orders to enforce arbitral awards in any court of competent jurisdiction.

Waiver. Failure by Avalon to enforce any right or provision from these Terms of Use shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties will agree that the court should endeavor to give effect to the party’s intentions as they are reflected in the provision, and the other provisions shall remain in full force and effect.

Limitation of Action. You agree that regardless of any law that states the contrary, any claim or cause of action from or related to these Terms of Use must be filed within one (1) year after the claim or the cause of action was discovered or ought reasonably to have been discovered.

Severability. If any portion of these Terms of Use is found to be null, void, voidable or unenforceable, the portion that remains is in full force and effect.

Assignment. You shall not assign any rights or obligations under these Terms of Use. Any assignment and delegation shall be deemed ineffective. Avalon may assign or delegate all rights and obligations under these Terms of Use without notice to you. We may also substitute (upon notice to you) Avalon for any third party that will assume our rights and obligations under these Terms of Use.

Updated: February 2, 2018