Terms of Use

1. Terms of Use

1.1 Thank you for visiting the Axem Neurotechnology Inc. website (the “Website”). The content, materials and information available from this Website (the “Materials”) are governed by these Terms of Use. By using this Website or Materials, you acknowledge that you have read and agree to these Terms of Use and agree to be bound by these Terms of Use, as may be modified from time to time.

1.2 The Website may only be used for lawful purposes. Axem Neurotechnology Inc. may alter, suspend or discontinue the Website without cost or notice at any time and for any reason.

2. Restrictions on Use

2.1 Axem Neurotechnology Inc. reserves all right, title and interest in respect of the design and content of the Website. Nothing on the Website grants any form of authorization or license with respect to the design and content of the Website. No part of the Website may be reproduced or transmitted in any form by any means without the express prior written consent of Axem Neurotechnology Inc.

2.2 In using the Website and Materials, you shall not:

(i) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone; 

(ii) upload, post, email, transmit or otherwise make available any material that: (A) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; (B) you do not have a right to make available under any law or under a contractual relationship; (C) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); (D) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (E) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or (F) contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

(iii) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or Materials;

(iv) use the Website and Materials to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(v) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; or
(vi) use automated scripts to collect information or otherwise interact with the Materials or the Website.

3. Proprietary Rights

3.1 All and any trade names, service marks, trademarks, logos, graphics and other Materials on the Website are the property of Axem Neurotechnology Inc. or that of our affiliates, portfolio companies or respective third-party owners and are protected by patent, trademark and/or copyright. Axem Neurotechnology Inc. grants no license thereto.

3.2 Subject to your compliance with these Terms, Axem Neurotechnology Inc. grants you a non-transferable, non-exclusive, license to access and use the Website and Materials.

4. Disclaimers and Links to Third Party Websites

4.1 Any information or materials provided on the Website or other materials, including but not limited to information related to neuroscience and other fields, are for information purposes only. There is no guarantee that any of the information provided by the Website or Materials will be applicable to you and Axem Neurotechnology Inc. does not make any representations or warranties about the effectiveness of any of the information and Materials. The information does not constitute medical advice, diagnosis, or treatment. User agrees to seek the advice of a physician or other qualified health provider with any questions regarding medical symptoms or healthcare. USER ASSUMES ALL RISKS IN RESPECT TO ITS USE OF THE INFORMATION, MATERIALS AND SERVICES.

4.2 This Website may contain links to third party websites. You are advised that access to or use of such linked third-party websites is solely at your own risk. In such cases, Axem Neurotechnology Inc. is not responsible for the content, availability, material or otherwise as may be available from such linked third-party websites. Axem Neurotechnology Inc. does not review, control or examine any such linked third-party websites. Axem Neurotechnology Inc. shall not be liable, directly or indirectly, in any circumstances for any loss or damage arising from or in any way connected to the use of such linked third-party websites.

5. No Warranties

5.1 The Website, including all Materials, content and services, are provide on an “As Is” basis without any form of warranty or condition whatsoever from Axem Neurotechnology Inc. of any kind, either express or implied, including, without limitation, any warranty or condition as to

(i) the correctness, availability, accuracy, completeness, use, or content of Materials or information on the Website,

(ii) the functions of the Website being uninterrupted and error free,

(iii) defects being corrected;

(iv) merchantability or merchantable quality, satisfactory quality or fitness for a particular purpose; or

(v) the Website being virus free.

6. Limitation of Liability

6.1 To the greatest extent permissible under applicable law, in no circumstances whatsoever shall Axem Neurotechnology Inc., its affiliates, directors, officers, employees, agents, contents or service providers be liable for any indirect, incidental, multiple, special, consequential, exemplary or punitive damages arising or resulting from or directly or indirectly related to the use of, or the inability to use, the Website or the Materials, even if Axem Neurotechnology Inc. has been advised of the possibility of such damages. In no circumstances shall the total liability of Axem Neurotechnology Inc. to you for all damages, losses and causes of action, resulting directly or indirectly from your use of the Website, whether in contract, tort, including but in no way limited to negligence, or otherwise exceed the aggregate sum of USD$100.00. If any provision of these Terms of Use is deemed by any court, tribunal, or otherwise, of competent jurisdiction to be unlawful, void or unenforceable, that provision will be deemed severable and will not impact or affect the validity and enforceability of the remaining provisions.

7. Indemnification

7.1 You agree to indemnify and hold harmless Axem Neurotechnology Inc., its affiliates, contractors and licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or its Materials, including but not limited to any violation by you of this Agreement or breach of any applicable laws.

8. Modification of Terms of Use

8.1 Axem Neurotechnology Inc. reserves the right at its sole discretion and without notice to modify these Terms of Use at any time. It is recommended that you review these Terms of Use periodically for changes. Your continued use of this Website after any modification of these Terms of Use constitutes your binding acceptance of such modifications.

9. Miscellaneous

9.1 These Terms of Use shall be governed and interpreted pursuant to the provincial laws of Nova Scotia and the federal laws applicable therein, notwithstanding any principles of conflicts of law. The courts of the Province of Nova Scotia located in Halifax shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms.

9.2 The headings in these Terms of Use are inserted for convenience only and do not affect the construction of these Terms of Use.

9.3 Any claim or cause of action in respect to Axem Neurotechnology Inc. or the Website must be commenced by you within one (1) year after the claim or cause of action so arose.

9.4 The failure of Axem Neurotechnology Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver by Axem Neurotechnology Inc. of such right or provision.

9.5 These Terms of Use and our Privacy Policy constitute the entire agreement between you and Axem Neurotechnology Inc. and govern your use of the Website. These Terms of Use supersede any prior agreement or arrangement between you and Axem Neurotechnology Inc. in respect of your use of the Website.

9.6 It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.