Terms of Use

The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this web site. By accessing or using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use which include our Privacy Policy. If you do not agree to the Terms of Use, you may not access or use the site.

Content
The information provided on this site is for general information about influenza and the EarthGerm map.
EarthGerm will use reasonable efforts to include accurate and up-to-date information on this web site; EarthGerm makes no warranties or representations of any kind as to its accuracy, currency or completeness of the content. We assume no liability or responsibility for any errors or omissions in the content of this site or the content of any site or sites linked to this site

Limitation of Liability
You agree to defend, indemnify and hold harmless EarthGerm, its officers, directors, employees, agents, suppliers and third party partners for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the site or the content of any site or sites linked to this site.
EarthGerm, its officers, directors, employees, agents, suppliers and third party partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on EarthGerm.com or when downloading any materials, data, text, images, video or audio from EarthGerm.com. In no event shall EarthGerm, its officers, directors, employees, agents, suppliers and third party partners be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of EarthGerm.com or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of EarthGerm.com), of the performance or nonperformance by EarthGerm, its officers, directors, employees, agents, suppliers and third party partners, even if such party has been advised of the possibility of damages by such parties or any other party.

Links
The EarthGerm.com web site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by EarthGerm, its officers, directors, employees, agents, suppliers and third party partners of the linked web site or information contained therein. EarthGerm, its officers, directors, employees, agents, suppliers and third party partners shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

Medical Information
While this site may contain information relating to various medical, health and fitness conditions and their treatment, this site does not provide medical advice. The contents of our site are for informational purposes only and are not meant to be a substitute for the advice provided by your own physician or other qualified medical professional. Always seek the advice of your physician or other qualified medical professional for any questions you have regarding a medical condition.

Submissions
Subject to our commitment to handle personal information pursuant to our Privacy Policy, any communication or material you post or transmit to EarthGerm through the internet, or post on the web site by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary. By transmitting or posting any communication or material to this site, you agree that EarthGerm or any of its affiliates may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, and posting. EarthGerm shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Trademarks
All names, logos, and marks appearing in this site, except as otherwise noted, are trademarks owned or used under license by EarthGerm or its affiliates in the geographies where EarthGerm markets products bearing such trademarks. The use or misuse of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any EarthGerm trademark without our prior written permission. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

Copyright Infringement
The Earthgerm.com web site may not, in whole or in part, be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of EarthGerm, except that you may download, display and print the materials presented on EarthGerm.com for your personal, non-commercial use only. Unauthorized use of EarthGerm.com and/or the materials contained on EarthGerm.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

Site Access
This web site and its contents are intended to comply with the laws and regulations in Canada. Although the information on this web site is accessible to users outside of the Canada, the information on the web site pertaining to EarthGerm is intended for use only by residents of Canada. Other countries may have laws, regulatory requirements and medical practices that differ from those in Canada. EarthGerm reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this web site is void where prohibited.

Governing Law
This Terms of Use Agreement and your use of the web site shall be governed by the laws of Canada and the province of Ontario without regard to its conflicts of laws principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Ontario.

Modification
EarthGerm reserves the right to, without notice, make changes to EarthGerm.com, including without limitation with respect to products offered, product information, availability, content and pricing, and may at any time modify the Terms of Use of EarthGerm.com. Your continued use of EarthGerm.com will be conditioned upon your acceptance of the Terms of Use in force at the time of your use.

Severability
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.