Last updated: April 2022
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE.
Please contact Phoena at Phoena.com with any questions or concerns about these terms.
Terms of Use
These Terms of Use apply to all visitors who use the publicly available pages of the Phoena.com website located at Phoena.com and those users who have been granted authorized access to non-publicly available portions of the Phoena.com website and/or Medical Website (individually and collectively, the “Site”).
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.
These Terms of Use are between a user of any portion of the Site (“you” or “your”) and Phoena (“Phoena”, “we”, “us” or “our”). If you access non-publicly available portions of the Site to which you have been granted authorized access, any additional terms and conditions located on those pages will also apply and will control in the event of a conflict with these Terms of Use.
Registration and Assent
Access to and use of the Site is conditioned upon your assent to these Terms of Use. You are deemed to have assented to these Terms of Use when you use any available page of the Site. You are deemed to have assented to these Terms of Use as applicable to the Medical Website, when you complete the processes required for Registered Account Holders. You are deemed to have accepted these Terms of Use each time you access the Site. By accessing or using the Site, you acknowledge that you have read, understand, and agree to be legally bound by these Terms of Use.
Updates
From time to time, we may, in our sole discretion and without notice, modify these Terms of Use, and the Phoena Privacy Policy, indicated by a new version number and revision date.
It is important that you check these Terms of Use every time you visit the Site. Your use of the Site and/or utilization of any Site benefits after the Terms of Use have been updated, indicates your agreement and acceptance of the updated version of the Terms of Use and the Phoena Privacy Policy.
User Obligations
You are required to comply with all applicable laws in connection with your use of the Site. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Certain portions of the Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
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.
SCHEDULED EVENTS
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.
SOCIAL MEDIA
The Site may include opportunities to view information and communicate with us through social media services such as LinkedIn®, Twitter®, Facebook®, and blogging. You should use common sense and good judgment in communicating with us through these services. We are not responsible for the terms of use and privacy policies that govern these third-party sites.
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.
We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the Site Content, nor do we endorse any views or opinions that may be included in the Site Content. The Site is not a substitute for investor or medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Phoena Privacy Policy.
Linking Policy
Our Site may contain hyperlinks allowing users to connect to other websites owned by us and our affiliated companies and websites owned by third-party vendors, distributors, and providers (“Linked Sites”). You may also access our Site through a hyperlink embedded in a Linked Site. We may provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you. Please note that once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site, and this Terms of Use will immediately cease to apply to any subsequent activity on the Linked Site. We are under no obligation to notify you when you have left our Site and have accessed a Linked Site. Use of any Linked Site will be governed by the privacy policy, terms of use, and/or other policies (if any) on the Linked Site.
Use Restrictions
You agree that you will not: (a) use this Site for any purpose that is unlawful, illegal or a violation of applicable federal, provincial or local law or that is prohibited by these Terms of Use; (b) engage in any activity or use any device, software or routine that interferes with a user’s access to this Site or the proper operation of this Site; (c) delete or revise any Site Content or information of any other user without authorization; (d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; or (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
Forward-Looking Statements
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.
Phoena Privacy Policy
You agree to the Phoena Privacy Policy (Phoena.com/privacy-policy/) which is incorporated by reference in these Terms of Use.
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
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, UNAVAILABLE OR INTERRUPTED NETWORK CONNECTIONS, BREACH OF SECURITY, OR VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF ANY SITE USER. IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law rules. We each expressly agree and attorn to the exclusive jurisdiction and venue of the courts in the city of Toronto, Ontario in all disputes arising out of or relating to the use of the Site.
No Waiver
Our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.
Severability and Integration
Unless otherwise specified herein, these Terms of Use and the Phoena Privacy Policy incorporated herein constitute the entire agreement between you and us with respect to your use of the Site, subject to the separate terms and conditions of other sites or services to which we provide hyperlinks from this Site. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Comments
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.
Contact Information
If you need to contact us regarding the Site, our services, our products or these Terms of Use, please contact us by: (i) phone at 1- 855-794-2266; or (ii) mail us at: Customer Service, Phoena Inc., 3280 Langstaff Road, Unit 1, Vaughan, Ontario L4K 5B6
These Terms were last updated on April 20, 2022.