The www.herpeshealth.ca website (the “Website”) is owned by GlaxoSmithKline Inc. (“GlaxoSmithKline”) and is operated by GlaxoSmithKline’s contractors. By accessing and using this Website, you agree to be bound by the following terms and conditions ("Terms and Conditions") and all applicable laws. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE. GlaxoSmithKline reserves the right to modify the Terms and Conditions at any time. Your continued access and use of the Website confirms your acceptance of the Terms and Conditions as modified. It is your responsibility to review the Terms and Conditions regularly.
Use of This Website
You may browse this Website for general information purposes only. By accessing the Website, you agree to use the information contained on the Website in accordance with all applicable local, provincial, national or international laws and regulations. THE CONTENTS OF THE WEBSITE ARE NOT INTENDED TO REPLACE OR SUBSTITUTE THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD SPEAK TO YOUR OWN HEALTHCARE PROFESSIONAL, WHO IS THE BEST SOURCE OF INFORMATION REGARDING YOUR HEALTH-RELATED QUESTIONS. ABSOLUTELY NO INFORMATION CONTAINED ON THIS WEBSITE SHOULD BE CONSTRUED AS TAKING THE PLACE OF YOUR PHYSICIAN’S OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL’S ADVICE.
GlaxoSmithKline grants you a limited, non-exclusive license to view, copy and print the material on this Website for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that appear on the Website. Except as provided in the previous sentence, you may not use, copy, distribute, modify, transmit, revise, reverse engineer, republish, translate, sell, exploit, post or create derivative works of the contents of this Website, in whole or in part, without GlaxoSmithKline's prior written permission. The material specified above does not include the design or layout of this Website. Elements of this Website are protected by trade dress and other laws, and may not be copied or imitated in whole or in part. Except as expressly provided above, nothing in these Terms and Conditions shall be construed as granting you any license under any patent, trademark or copyright of GlaxoSmithKline or any third party. GlaxoSmithKline reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of this Website, including without limitation, taking legal action, or suspending or terminating your access to the Website without notice.
Automatic Collection of Information
All information, including personally identifiable information that you provide while accessing or using the Website is subject to the Privacy Policy. The Privacy Policy is hereby incorporated into and forms part of these Terms and Conditions. By accessing and using this Website you agree to the use and disclosure of the information you submit on the Website as outlined in the Privacy Policy.
Disclaimer
THE CONTENTS ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. GLAXOSMITHKLINE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. GLAXOSMITHKLINE MAKES NO WARRANTIES OR REPRESENTATIONS, WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SUITABILITY, FOR ANY PURPOSE, OF THE CONTENTS OF THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR YOUR USE OF THE CONTENTS OF ANY WEBSITE LINKED TO THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, GLAXOSMITHKLINE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THIS WEBSITE OR ANY WEBSITE TO WHICH IT IS OR CAN BE LINKED. GLAXOSMITHKLINE DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER OPERATING SYSTEM, OR WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTIONS, OR WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU USE THE WEBSITE AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE.
THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE.
THIS WEBSITE IS INTENDED FOR USE BY RESIDENTS IN CANADA. IF YOU ARE NOT AN INTENDED USER OF THE WEBSITE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. ANY REFERENCES TO GLAXOSMITHKLINE PRODUCTS, SERVICES, AND PROGRAMS ARE ONLY APPLICABLE TO RESIDENTS IN CANADA. THESE REFERENCES DO NOT IMPLY THAT GLAXOSMITHKLINE INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES OR PROGRAMS IN ANY OTHER COUNTRY OTHER THAN CANADA.
Liability Limitation
GLAXOSMITHKLINE, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING, INCLUDING ANY EDITORIAL ADVISORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WRONGFUL DEATH, BUSINESS INTERRUPTION AND WHETHER RESULTING FROM THE USE OR INABILITY OF USE OF ANY CONTENTS OF THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE AND EVENT IF CAUSED BY THE NEGLIGENCE OF GLAXOSMITHKLINE, ITS AFFILIATES OR IF GLAXOSMITHKLINE OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR BOTH.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN ANY EVENT, THE TOTAL LIABILITY OF GLAXOSMITHKLINE, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING TO YOU HEREUNDER SHALL NOT EXCEED YOUR ONLINE CHARGES FOR ACCESSING THIS WEBSITE.
Restricted Material
You agree not to: (i) interfere with other users’ use of the Website; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; and (v) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.
Links
As a convenience to our visitors, the Website may contain links to third party websites, however, the existence of such links does not imply GlaxoSmithKline’s endorsement or affiliation with such third party websites. The Terms of Use and Privacy Policy do not apply to third party websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to a third party website or pages is entirely at your own risk and subject to the terms and conditions of such websites or pages. Similarly, GlaxoSmithKline does not expressly permit links to any of its websites. GlaxoSmithKline, in its sole discretion, reserves the right to request that links to any of its websites be removed upon their discovery.
Intellectual Property
Your use of any content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. GlaxoSmithKline retains all copyright and other proprietary rights in the contents of this Website. In any use of the contents of this Website GlaxoSmithKline retains all copyright or other proprietary rights to the content as described in all notices and disclaimers contained thereon. You are not permitted to use the trademarks displayed on this Website without the prior written consent of GlaxoSmithKline or the third party that owns such trademarks. Except as expressly provided for in these Terms and Conditions nothing herein shall be construed as conferring any license or right to or under any patent, trademark, copyright or other rights owned by GlaxoSmithKline, its affiliates, related companies or their licensors.
Trademarks Referenced on This Website
Abreva® is a registered trademark of GlaxoSmithKline Consumer Healthcare Inc.
Apo® is a registered trademark of Apotex Technologies Inc.
Avirax® is a registered trademark of GlaxoSmithKline Inc.
Cepacol® is a registered trademark of J.B. Williams Company, Inc.
Dacron® is a registered trademark of Invista Technologies S.à.r.l. licensed by DuPont Canada Inc.
Denavir® is a registered trademark of Novartis International Pharmaceuticals Ltd.
Famvir® is a registered trademark of Novartis International Pharmaceuticals Ltd.
Intercept CSTM is a registered trademark of The Jenex Corporation
K-Y® is a registered trademark, Johnson & Johnson.
Lipactin® is a registered trademark, Novartis Consumer Health Canada Inc.
Orajel® is a registered trademark of Del Pharmaceuticals, Inc.
PMS® is a registered trademark, Pharmascience Inc.
Sandoz® is a registered trademark, Sandoz Canada Inc.
Tanac® is a registered trademark, Del Pharmaceuticals, Inc.
Valtrex® is a registered trademark, used under license by GlaxoSmithKline Inc.
Viractin® is a registered trademark of J.B. Williams Company, Inc., used under license.
Zilactin® is a registered trademark of Blairex Laboratories, Inc.
Zovirax® is a registered trademark of GlaxoSmithKline Inc.
Revisions
Any changes in these Terms and Conditions will be promptly displayed on this page of the Website. GlaxoSmithKline reserves the right, at its sole discretion to revise or remove these Terms and Conditions at any time. Your continued access or use of the Website after such changes have been incorporated, shall constitute your acceptance of the Terms and Conditions as revised. It is your responsibility to review these Terms and Conditions frequently.
Laws
By accessing this Website, you and GlaxoSmithKline agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You and GlaxoSmithKline also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. This Website is intended for residents of Canada only. GlaxoSmithKline makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Interpretation
These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and GlaxoSmithKline relating to the use of the Website and the materials and information contained in the Website and cannot be modified except as described in these Terms and Conditions. No waiver of any provision of these Terms and Conditions shall be deemed, or shall constitute a waiver of any other provision (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. In the event that any provision herein or part thereof is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions or parts thereof shall be and remain in full force and effect and shall be construed as if the unlawful, void, invalid or unenforceable provision had been deleted from these Terms and Conditions.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY GLAXOSMITHKLINE.