Last updated: April 2022
Please contact Phoena at Phoena.com with any questions or concerns about these terms.
The Phoena “Medical Website” (www.estoramedical.com) is a member-only account portal available through the Site, a third-party site, or via mobile access which enables Registered Account Holders to access their personal account information and to use Phoena services and/or products offered only to them. “Registered Account Holders” are individual users of Phoena’s services and/or products through www.phoena.com Site.
Registration and Assent
Site Content and Intellectual Property Rights
This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively “Site Content”). Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors. The Site Content is protected by Canadian and international copyright, trademark, and other laws. You may browse the Site and download Site Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Site Content from this Site, including code and software underlying this Site, nor may you sell, transfer or otherwise use the Site or the Site Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Site Content at any time without notice. Any unauthorized use regarding publication, copying or modification of information in the Site, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.
Portions of the Site may include a listing of events and times of events that we are scheduled to host or attend. You can contact us to confirm the date, time, location, and whether we are still scheduled to host or attend the listed event. However, we may ultimately not be able to host or attend the listed event due to a variety of reasons. We are not responsible for any errors or omissions in the listing of the events.
No Professional Advice
The information provided on the Site is for informational purposes or general guidance only, and does not constitute medical, legal, investor or other professional advice, and is not intended to constitute a solicitation or an offering of securities in any jurisdiction. Information disclosed under securities; laws of any jurisdiction applicable to Phoena is not intended to be in any way qualified, amened, modified or supplemented by the Site.
This Site may contain “forward-looking information,” as that term is defined in the Ontario Securities Act and applicable legislation, which involve risks and uncertainties. Often, but not always, forward-looking information can be identified by the use of words such as “believes,” “expects,” “does not expect,” “is expected,” “targets,” “outlook,” “plans,” “scheduled,” “estimates,” “forecasts,” “intends,” “anticipates” or “does not anticipate” or variations of such words and phrases or statements that certain actions, events or results “may,” “could,” “would,” “might” or “will” be taken, occur or be achieved. No forward-looking information can be guaranteed, and actual results may differ materially from those projected. We undertake no obligation to publicly update any forward-looking information, whether as a result of new information, future events, or otherwise. Forward-looking information on this Site should be evaluated together with the disclosure regarding Phoena in our registration statements and periodic reports filed with Securities Commissions, including the risks and uncertainties facing our business described therein. You are cautioned not to place undue reliance on forward-looking statements. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by applicable law.
Disclaimer of Warranties
THE SITE AND THE SITE CONTENT THEREON ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE SITE CONTENT, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF RESULTS OR RELIABILITY OF THE SITE OR SITE CONTENT. WE DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING THE SITE, YOU ACKNOWLEDGE THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA, AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY VIRAL INFECTION OR OTHER COMPUTER MALFUNCTION CAUSED AT ALL OR IN PART BY YOUR USE OF THE SITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY COMPUTER OR NETWORK SERVICING, REPAIR OR CORRECTION. THE PERFORMANCE OF THE SITE VARIES WITH THE MANUFACTURER’S EQUIPMENT WITH WHICH IT IS USED.
Limitation of Liability
Choice of Law and Forum
Severability and Integration
Feel free to e-mail or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Phoena and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are non-confidential; (iii) Phoena and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.
These Terms were last updated on April 20, 2022.