Terms of Use

1. AGREEMENT

The following Hospital Connection Terms of Use Agreement is a legal agreement between you, whether personally or on behalf of an entity, and if applicable, on your own behalf, and on behalf of your minor child, (collectively or individually "User", “you”, or “your”), and Hospital Connection Inc. (" Hospital Connection", " we", " our"), relating to the Hospital Connection website that links to these Terms of Use, such as, http://www.hospitalconnection.ca/ or mymoments.ca, (each a “ Site”). This Site in intended for use only by residents of Canada, excluding Quebec, who have reached the legal age of majority in their jurisdiction of residence.

BY ACCESSING OR BROWSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS HOSPITAL CONNECTION TERMS OF USE AGREEMENT (COLLECTIVELY, THE " AGREEMENT" OR THE “TERMS OF USE”). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE SITE IMMEDIATELY.

We reserve the right, in our sole and absolute discretion, to modify all or a portion of this Agreement at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to this Agreement on the Site. It is your sole responsibility to regularly check the Site to determine if there have been any changes to this Agreement and to review such changes. Your continued access to and/or use of the Site after the posting of changes to the Terms of Use evidences your (and your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) agreement to the changes.

You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part or features of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

2. PRIVACY POLICY

Hospital Connection's privacy policy is hereby incorporated into this Agreement by reference. Please read our privacy policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By using the Site, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to be bound by our privacy policy.

3. OWNERSHIP; PROPRIETARY RIGHTS; LICENSE

3.1 The Site is owned and operated by Hospital Connection. The content, visual interfaces, information, alerts, graphics, design, compilation, computer code, products, software and all other elements of the Site (collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The Materials are the property of Hospital Connection and/or our third-party licensors. All trademarks, service marks, and trade names displayed on the Site are proprietary to Hospital Connection or its affiliates and/or third-party licensors. Except as expressly authorized by Hospital Connection, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Your use of the Site does not grant or transfer to you any ownership or other rights in the Materials, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of Hospital Connection’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Materials in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with Hospital Connection ownership of the Site and/or Hospital Connection ownership of, or any third party’s ownership of, any Materials. Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Materials contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Materials in any manner without the prior written consent of Hospital Connection.

3.2 Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Hospital Connection or other entities. Trademarks may be registered in Canada and in other countries as applicable. All Trademarks not owned by Hospital Connection are the property of their respective owners, and, where used by Hospital Connection are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with Hospital Connection ownership of, or any third party’s ownership of, the Trademarks.

3.3 Hospital Connection hereby grants each user of this Site a limited, non- exclusive and revocable license to make personal and non-commercial use of the Site and its Materials. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.

3.4 Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”). By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby: (i) grant to Hospital Connection a world- wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non- exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through the Site in favour of Hospital Connection. For greater certainty, this means that, among other things, Hospital Connection has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

3.5 By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to Hospital Connection that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through the Site: a. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and b. does not violate any law.

4. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

4.1 The Site may include links to other web sites or services solely as a convenience to Users. For example, the Site may include promotional offers from third party marketers. Hospital Connection does not endorse any such linked sites or the information, material, products, offers, or services contained on other linked sites or accessible through other linked sites, nor are we responsible for the terms associated with any third party offers. Furthermore, Hospital Connection makes no express or implied warranties, as permitted by law, with regard to the information, material, products, offers, or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, offers, and services on linked sites or available through linked sites is solely at your own risk.

4.2 Your correspondence or business dealings with, or participation in, the offers or promotions of advertisers found on or through the Site are solely between you and such advertiser. You agree that Hospital Connection shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

5. DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOSPITAL CONNECTION AND ALL ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, AND YOUR USE THEREOF. THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOSPITAL CONNECTION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, THE CONTENTS THEREOF, OR THE MATERIALS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH SITE OR BY ANY THIRD PARTY AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND/OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE .

HOSPITAL CONNECTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION ON THE SITE IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

HOSPITAL CONNECTION AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, AND ITS LICENSORS, SUPPLIERS, CONTRIBUTORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES (“RELEASEES”) WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU, YOUR MINOR CHILD, OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT HOSPITAL CONNECTION HAS ENTERED INTO THIS AGREEMENT WITH YOU (OR, WITH YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU (OR, YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND HOSPITAL CONNECTION. YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

6. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold Hospital Connection and its directors, officers, agents and employees, and its licensors, suppliers, contributors and their respective directors, officers, agents, partners and employees (collectively, the “ Indemnified Parties”) harmless from any and all claims, suits, actions, losses, costs, damages, demands, and any other liabilities, including attorneys' fees and expenses, arising out of or related to (a) your use or misuse of the Site, and/or the Materials, (b) any violation of the rights of any other person or entity by you or (c) any breach or violation by you of this Agreement. Hospital Connection reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.

7. MISCELLANEOUS

7.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law.

7.2 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived by Hospital Connection only by a written instrument executed by Hospital Connection. The failure of Hospital Connection at any time to require performance of any provision of this Agreement shall in no manner affect Hospital Connection’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

7.3 Assignment. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Hospital Connection without restriction.

7.4 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 3.1, 3.2, 3.4, 3.5, 4, 5, 6 and 7 hereby survive any termination of this Agreement.

7.5 Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof.

7.6 Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by Hospital Connection, or by a change to this Agreement made by Hospital Connection as set forth above.

7.7 Electronic Transmissions. The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

7.8 Termination. If you breach any provision of these Terms of Use or our privacy policy you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Site is terminated by us for any reason, the Agreement formed by your (or, your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site.