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Terms of Use

BEFORE USING OUR WEBSITE, PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN LEGAL OBLIGATIONS. BY USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO ADHERE TO THESE TERMS OF USE AND YOUR ACCEPTANCE OF OUR WEBSITE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR DO NOT ACCEPT THE WEBSITE PRIVACY POLICY, YOU MAY NOT USE THIS WEBSITE OR ANY OF THE SERVICES AVAILABLE ON THE WEBSITE.

We may revise these Terms of Use at any time. We strongly encourage you to please refer back to these Terms of Use often for the latest terms and conditions governing the use of this Website. By continuing to use the Website after any revisions are posted, you signify your agreement to adhere to such revised Terms of Use.

Scope of Use

VictoryAssist.ca (“Website”) is brought to you by Amgen Canada Inc. (“Amgen”). Amgen makes this Website available for your informational, personal, private, and non-commercial use only. No part of any material, software, information, data and other content on this Website (collectively, “Content”) may be accessed, used, copied, downloaded, stored, transferred, or distributed for any other purpose without the expressed written consent of Amgen. Amgen disclaims any duty or obligation to update the Content of the Website.

In consideration of the availability, and your use, of this Website or any of the services available on the Website (“Services”), you agree to comply with all applicable laws, Amgen’s Website Privacy Policy, and these Terms of Use. In connection therewith, you agree not to:

  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, any of the Services, or the Internet;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; and
  • post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, spyware, cancelbot, trojan horse, worm or other harmful or disruptive component.

You acknowledge that Amgen may investigate any violations of law and may cooperate with law enforcement authorities in any jurisdiction as they may request with respect to any users. You agree that Amgen may discontinue, change, or restrict your use of the Website or Service for any reason without notice, including the right to block access to the Website from any particular internet address. Amgen reserves the right to seek all remedies available at law and in equity for violations of any Terms of Use.

By using this Website, you represent that you are at least 18 years old and a Canadian resident.

Accounts and Passwords

Certain Website Services and related Content may require registration or subscription. Should you choose to register or subscribe for any such Services or Content, in accordance with Amgen’s Privacy Policy, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Website, and (b) all activities that occur, including transactions effected, under such password or account. Further, you agree to notify Amgen of any unauthorized use of your password or account. You authorize Amgen to collect and use all information regarding your use of this Website and all information provided by you in connection with the use of the Website and, as applicable, the Services.

EACH OF AMGEN AND ITS AGENTS, REPRESENTATIVES, AND LICENSORS, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “AMGEN GROUP”) WILL NOT BE RESPONSIBLE FOR THE ACCURACY, MAINTENANCE OR USE OF ANY INFORMATION YOU PROVIDE, AND THE AMGEN GROUP WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR PROVISION OF ANY INFORMATION TO ANY MEMBER OF THE AMGEN GROUP, INCLUDING AS SET OUT MORE GENERALLY BELOW.

Forums and Content Submissions

By uploading any information, letter, article, comment, and other material to any chat board, chat room, or forum available on the Website (collectively "Forums") or otherwise submitting any such materials to us through any other content generating or submitting Service on the Website, you automatically grant (or warrant that the owner of such materials expressly grants) Amgen and its affiliates a worldwide, perpetual, royalty-free, irrevocable and non-exclusive licence and right to: (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such submitted materials; and (ii) create compilations and/or derivative works from such submitted materials. Such licence will apply with respect to any form, media, or technology now known or later developed. In addition, you waive any moral rights you may have in such materials, and/or warrant that all moral rights in such materials have been waived. Furthermore, you understand that the Forums, and any material you upload thereon, are non-confidential.

When participating in a Forum, you should never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Amgen is not responsible for the content or accuracy of any information posted or otherwise made available in any Forum, and will not be responsible for any reliance or decisions made by you based on such information.

When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Amgen reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of applicable laws or these Terms of Use.

Submission of Ideas or Suggestions

If you have ideas or suggestions regarding improvements or additions to this Website, Amgen would like to hear from you. However, any submission will be subject to these Terms of Use.

You agree that you will only submit ideas, suggestions, concepts, know-how, techniques, or related materials (“Ideas”) that comply with applicable laws and that you have the right to submit and share, and Amgen and its affiliates shall be free to use such Ideas for any reason whatsoever. In connection therewith, you grant (or warrant that the owner of such Ideas expressly grants) to Amgen and its affiliates a worldwide, perpetual, royalty-free, irrevocable and non-exclusive licence and right to (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such Ideas; and (ii) create compilations and/or derivative works from such Ideas.

UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY OF THE IDEAS TO A MEMBER OF THE AMGEN GROUP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING ANY OF THE IDEAS TO ANY MEMBER OF THE AMGEN GROUP, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEAS AND ARE REPRESENTING AND WARRANTING TO THE AMGEN GROUP THAT THE IDEAS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEAS AND THAT THE AMGEN GROUP IS FREE TO IMPLEMENT THE IDEAS AND TO USE THE IDEAS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE AMGEN GROUP, WITHOUT OBTAINING PERMISSION OR LICENCE FROM YOU OR ANY OTHER PARTY.

Professional Information Disclaimer

The Websites may make available certain information related to various professional fields such as, without limitation, medicine, pharmacy practice, law, public policy, and health economics (“Professional Information”). Professional Information is provided for educational and informational purposes only, and should not be interpreted as medical advice, professional advice, or a recommendation for a specific treatment plan, product, policy, or course of action. Amgen is not engaged in rendering professional services or advice via this Website and you should not construe the publication or availability of any Professional Information and related Content on the Website as such or as an endorsement by Amgen or its affiliates of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication made by the author of such Information or Content.

Use of Professional Information or other Content does not substitute consultations with a qualified medical, legal, or other relevant professional, and you are strongly encouraged to review and verify the Website Content with such qualified professionals. In addition, while the Professional Information is frequently updated, this information can change rapidly and therefore, some Professional Information may be out-of-date.

No Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT, (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE WEBSITES AND ALL CONTENT AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS AND THAT THE AMGEN GROUP DOES NOT MAKE ANY AND HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS, AND ENDORSEMENTS (COLLECTIVELY, “WARRANTEES”) OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM INFECTIONS OR VIRUSES, OR THE TITLE, ACCURACY, COMPLETENESS, SUITABILITY, CURRENCY, OR RELIABILITY OF ANY SERVICE OR CONTENT AVAILABLE THROUGH THE WEBSITE, AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE AMGEN GROUP SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS SERVICES OR CONTENT, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR ANY OF ITS SERVICES OR CONTENT, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR THAT THE WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR THE RESULTS DERIVED THEREFROM, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOUR USE OF THE WEBSITE AND THE SERVICES AND CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR VERIFYING ANY CONTENT BEFORE RELYING ON IT AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF INFECTION AND VIRUSES.

FOR GREATER CERTAINTY, YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY INFORMATION OR CONTENT OF THIS WEBSITE, INCLUDING PROFESSIONAL INFORMATION, RESTS WITH YOU. YOU FURTHER AGREE THAT THE AMGEN GROUP WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY INFORMATION OR CONTENT OF THIS WEBSITE, INCLUDING PROFESSIONAL INFORMATION.

Limitation of Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR ANY SERVICE OR CONTENT ON THE WEBSITE IS AT YOUR OWN RISK AND IN NO EVENT WILL ANY MEMBER OF THE AMGEN GROUP BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, AND ANY CLAIMS OR DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OR CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION RELIANCE ON ANY CONTENT OR SERVICE OBTAINED THROUGH THE WEBSITE, OR THAT ARISES IN CONNECTION WITH, OR CAUSED IN WHOLE OR IN PART BY, MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF CONTENT TO OR FROM THE USER, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS OR WEBSITE INTERRUPTIONS OR FAILURE, UNAUTHORIZED ACCESS OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, AND UNAUTHORIZED ACCESS TO THE WEBSITE, SERVICES AND CONTENT, REGARDLESS OF WHETHER SUCH CLAIMS OR DAMAGES ARE BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER THE AMGEN GROUP HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

Trademarks

All trademarks referenced on any part of the Website are owned by their respective owners. Unauthorized use of any trademark, service mark, or company name or logo may be a violation of federal and provincial trademark laws.

Copyright

All Content available on the Website, including the design or layout of the Website and the manner in which Content is presented, is protected by Canadian and foreign copyright laws and international treaty provisions. Amgen grants you a limited, non-exclusive, non-transferable license to use and display on your computer or other electronic access device the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright, trademark and other proprietary notices. Except as provided in these Terms of Use, you agree not to reproduce, modify, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content, design, or layout of the Website, including without limitation, by caching, framing or similar means, without the prior written consent of Amgen.

Links

This Website may contain links to websites operated by other parties (“Linked Sites”). The Linked Sites are not under the control of Amgen, and Amgen is not responsible for the content available on any such Linked Sites. Such links do not imply Amgen's endorsement of material on any other site and Amgen disclaims all liability with regard to your access to such Linked Sites. Amgen provides links to the Linked Sites as a convenience to users, and access to any Linked Site is at your own risk.

Unless otherwise set forth in a written agreement between you and Amgen, you must adhere to Amgen's linking policy as follows: (i) any link to the Website must be a text only link clearly marked victoryassist.ca (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Amgen's name and trademarks, (iii) the link must be to victoryassist.ca and not to other pages within the Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Amgen, (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (vi) Amgen reserves the right to revoke its consent to the link at any time and in its sole discretion.

Indemnification

You agree to defend, indemnify and hold harmless each member of the Amgen Group and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms of Use; (b) your access to or use of the Website, Services, or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Website or through any of the Services. You will use your best efforts to cooperate with the Amgen Group in the defence of any claim. The Amgen Group reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Location & Governing Law

This Website is operated by Amgen from its offices in Ontario, Canada. The law of the Province of Ontario shall govern these Terms of Use, without reference to its choice of law rules. Amgen makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from jurisdictions where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Questions

If you have any questions about these Terms of Use, please contact our Chief Privacy Officer as follows:

  • Chief Privacy Officer
  • Phone: 905-285-3131
  • Email: privacycanada@amgen.com
  • Postal Address: Amgen Canada, 6775 Financial Dr., Suite 100, Mississauga, Ontario  L5N 0A2