MEMBER PORTAL TERMS AND CONDITIONS OF USE

Last Amended: 2nd October 2017

Thank you for visiting Generali Global Health Services Member Portal (the "Site"), which is owned and operated by Generali Global Health Services (trade name for CMN Global Inc.) (“COMPANY”). You should not access or use this Site until you have carefully read and agreed to these terms and conditions of use (the "Terms"). By using this Site, you agree to these Terms. If you do not agree to these Terms, you may not further access or use the Site. You should check the Site and these Terms periodically for modifications. COMPANY may modify the Site and/or the Terms from time to time without notice to you. If COMPANY makes material changes to the Terms we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any modifications to the Terms, you agree to be bound by these Terms as modified. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this Site.

  1. Use of this Site. COMPANY provides you with access to and use of the Site subject to your compliance with the Terms. By using this Site, or submitting information through this Site, you represent that you are a Canadian resident and of the age of majority in the province where you live. If you are not of the age of majority, you may not use this Site without the express consent of an adult. We control and operate the Site from our offices in Canada, and all information is processed within Canada. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access and use the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
  2. Prohibited Uses. The Site may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Site. COMPANY specifically prohibits any use of the Site for: (a) posting any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, or (iii) material that infringes on any other intellectual property, privacy or publicity right of another; (b) impersonating another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, federal or international law or regulation, or which fails to comply with accepted Internet protocol; or (d) transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of Canadian or U.S. export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site or COMPANY's systems or network security, including, without limitation, the following: (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail-bombing", "crashing", or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Site's or COMPANY’s systems or network security may result in civil or criminal liability.
  3. Privacy Policy and Confidentiality. In the course of your use of the Site, you may be asked or permitted to provide certain information to us. COMPANY's use of any information you provide via the Site shall be governed by these Terms and our Privacy Policy available at GGHS Portal Webpages. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. COMPANY will treat personal information in accordance with its COMPANY Portal Privacy Policy. COMPANY will use commercially reasonable efforts to maintain the confidentiality of any information which we require you to provide to us for the purpose of business transactions between us.

    You may be permitted to make other submissions of information through the Site (“Submissions”). Do not provide any information in Submissions that you consider to be proprietary or a trade secret, or which you desire to be treated as confidential. COMPANY does not agree to any other obligation of confidentiality, non-use or non-disclosure with respect to Submissions. By providing Submissions to COMPANY, you understand, acknowledge and agree that the information contained therein will not be treated as confidential or proprietary. COMPANY undertakes no obligation to review such information submitted by you, or to return such information to you. COMPANY may receive information that is similar to your Submissions, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in Submissions. In no event shall COMPANY be limited in, or restricted from, the pursuit of any opportunities, or the use of any such information for any purpose, either alone or with third parties.
  4. COMPANY Proprietary Rights. The Site, including all of its contents, such as text, images, audio, and the HTML used to generate the pages ("Content"), are the property of COMPANY or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under Canadian and/or foreign laws. COMPANY hereby grants you a personal, non-exclusive, non-transferable license to access the Site, and to use the information and services available on the Site solely for personal and internal business purposes as contemplated by the Site. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any purpose without the specific written permission of COMPANY. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site. You hereby grant to COMPANY a non-exclusive, perpetual, sub-licensable, irrevocable, worldwide, and royalty-free license to use any Submissions you post on the Site for any purpose, subject to the express terms of these Terms. As between you and COMPANY (or other company whose marks appear on the Site), COMPANY (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site. In particular, the COMPANY trademarks, services marks, business names and logos (collectively the "COMPANY Mark(s)") are the intellectual property of COMPANY. Without COMPANY’s prior permission, you agree not to display or use the COMPANY Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any COMPANY Mark without the prior written consent of COMPANY. COMPANY Marks may be registered in Canada and internationally.
  5. Links from and to the Site. Express, written consent from COMPANY is necessary before you may establish any type of link to the Site. COMPANY reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Site, and to require termination of any such link to the Site. You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by COMPANY in any way and COMPANY is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply COMPANY’s endorsement of, or association with, the Linked Sites. In no event shall COMPANY be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
  6. Disclaimer of Warranties and Conditions. Except as expressly set forth in this agreement, the site, including, without limitation, all content, function, materials, products and services, is provided "as is," without warranty or condition of any kind, either express or implied, including, without limitation, any warranty or condition for information, data, data processing services or uninterrupted access, any warranties or conditions concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties or conditions of title, non-infringement, merchantable quality or fitness for a particular purpose. Company does not provide any warranty or condition that the site or the functions, content or products or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Company makes no warranty or condition that the site will meet users' expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty or condition not expressly made herein. If you are not satisfied with the site, your sole remedy is to discontinue using the site.
  7. Limitation of Liability and Indemnity. To the greatest extent permitted under applicable law, in no event shall company, its affiliates or any of their respective directors, officers, employees, agents, or content, product or service providers, be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or any loss of revenue or anticipated profits, or lost business, data or sales, or cost of substitute products or services, arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and functions related thereto, even if company or its representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of company to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, $100.00. You agree to defend, indemnify and hold company, its directors, officers, employees, agents and affiliates, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, in any way arising from, related to or in connection with your use of the site, your violation of these terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
  8. General Terms. You agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern these Terms and your use of the Site. Please note that your use of the Site may be subject to other local, provincial, federal and international laws. You consent to the exclusive jurisdiction of the courts of the province of Ontario for enforcement of these Terms and your use of the Site. The section titles in the Terms are for convenience only and have no legal or contractual effect. The failure of COMPANY to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without COMPANY’s express written consent. These Terms inure to the benefit of COMPANY’s successors, assigns and licensees. The Terms and related provisions contained in the Site, including COMPANY 's Portal Privacy Policy, constitute the entire agreement between you and COMPANY and govern your use of the Site, and supersede all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings, whether written or verbal concerning this Site. The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.
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