LEGAL TERMS OF USE

In this agreement, “you” are any person who uses this web site.

If you access and use this Web site (the “Site”), you accept and agree to be bound by and comply with these terms (the “Terms”). If you do not accept these Terms, do not use the Site.

The Site is operated by The Asthma Education Clinic Ltd. (“AEC”). At the Site, you may purchase products and services offered by AEC. The Site also includes links to web sites operated by other agencies. Those agencies may also offer products and services, but such products and services are in no way connected with AEC.

GENERAL

The Terms are to be read by you together with any terms, conditions or disclaimers provided in the other pages of the Site (the “Page Disclaimers” or “Additional Terms”). In the event of any conflict between the Terms and the Page Disclaimers or Additional Terms, the Page Disclaimers and Additional Terms will govern.

All AEC products and services that are described, made available or provided on the Site may be changed or withdrawn at any time without notice.

The information, material and content provided in the pages of the Site, including pricing information, (the “Information”) is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. The Information may include technical inaccuracies or typographical errors, and AEC and its officers, directors, employees and agents have no obligation to update the Information. The Information or the Site may be changed, withdrawn or terminated at any time without notice.

Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly, and at least monthly, and your continued access or use of the Site will mean that you agree to any changes.

Any submission by you to AEC is subject to acceptance by AEC and can be declined by AEC.

LOCAL LAWS

It is important to note that not all of the products, services and Information are available in all jurisdictions outside of Canada or the USA. For information specific to any jurisdiction outside Canada or the USA, please contact AEC.

Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in the pages of the Site. By using ths site, you indicate your responsibility for compliance with your applicable local and national laws.

NOT OFFERING ANY ADVICE

Information provided on this site is for informational purposes only and is not intended to provide specific medical advice to you, and you should not rely on it in that regard. You should not act or rely on the Information without seeking the advice of a medical professional.

NO WARRANTIES

AEC provides this Site and the Information on an “as is, where is” basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currentness, reliability and fitness for a particular purpose. Further, AEC does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You are solely responsible for adequate protection and backup of your data and/or equipment and for reasonable and appropriate precautions to scan for computer viruses or other destructive agents.

INTERNET E-MAIL

E-mail communication over the Internet is not secure or confidential, subject to possible interception or loss, and is also subject to possible alteration. You should not send AEC any confidential, proprietary or sensitive information via e-mail. AEC is not responsible for and will not be liable to you or any one else for any damages in connection with an e-mail sent by you to AEC or an e-mail sent by AEC to you.

NO ENDORSEMENTS

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information. Web sites that may be linked to the AEC web site are linked for your convenience only.

NO LIABILITY

AEC is not responsible for and will not be liable to you or anyone else for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the Site or the Information, or your access to or use of, or inability to access or use the Site or the Information, or any action or decision made by you in reliance on the Site or the Information, or any errors in or omissions from the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if AEC has been advised of the possibility of these damages.

LINKS/SOFTWARE

Links from or to web sites outside the Site are for convenience only. AEC does not review, control or manage any web sites linked from or to the Site, or their content, their privacy practices, their contents, products and services. When oyu travel or link to an external web site through the Site, you do so at your sole risk and AEC will not be responsible or liable for any damages in connection with such linking. In addition, AEC does not endorse any web sites linked from or to the Site.

Links to web sites offering materials and software for download are for your convenience only and AEC is not responsible or liable for any difficulties or consequences associated with downloading such materials. Use of any downloaded materials is governed by the terms of the applicable license agreement, if any, which accompanies or is provided with such material.

JURISDICTION

The Site is administered by AEC from its offices in Canada. The Site, the Information, the Terms, Page Disclaimers and Additional Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Site, the Information, the Page Disclaimers, the Terms and Additional Conditions shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Alberta. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Alberta to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, the Information, the Page Disclaimers, the Terms and the Additional Conditions.

ADDITIONAL CONDITIONS ( for the Subscription Service )

These additional conditions relate to your membership in the Asthma Education Clinic's Subscription Service, also known as the Textbook Update Service ("TUS").

1. This Electronic Access Agreement, as amended from time to time (this “Agreement”), applies when you access or use the Textbook Update Service (“TUS”). It replaces all prior agreements between you and The Asthma Education Clinic Ltd. (“AEC) for the TUS. It does not replace any other agreement you have with AEC (now or in the future). This Agreement applies to the TUS. You also agree to comply with all instructions we may give you in connection with accessing and using the TUS.

2. Definitions. In this Agreement the following terms will have the following meanings:

• “Account” is your account, through which you access and use the TUS.
• “Activation Code” is the one-time activation code that we give you.
• “Files” are the electronic documents that you are available for download within the TUS.
• “Log-in Information” means any information that you must enter to access the TUS. It may include a client identification number, user name, access code or password;
• “Password” is a combination of secret numbers and/or letters you select to identify yourself. You must provide your Password to access the TUS. You must keep your Passwords confidential.
• “User name” is either your client name or e-mail address or or a combination of numbers and/or letters that we may allow you to select. You must provide your User name with your Password to access the TUS.
• “You” and “your” mean the person who is enrolled to access the Services and “we”, “us” and “our” means AEC.

3. Other than as required by law, we can change this Agreement by giving you notice of the change. We can give the notice either before or after the change takes effect. If we give you notice before the change takes effect, then if you use the Services after the date of the change, you agree and consent to the change. If we give you notice after the change takes effect, then if you use the Services after the date of the notice, you agree and consent to the change.

4. You understand that we may add, remove or change any part or feature of the TUS without giving you notice.

5. To give you notice, we may send such notice to your email or mailing address last shown on our records.

6. You must use your User Name and Password to access the TUS. You must not share your User Name or Password with anyone else.

7. You agree that any communication or contract delivered, received or entered into by electronic means shall be considered to be signed and/or delivered and to constitute a “writing” for the purposes of any statute or rule of law. You agree not to dispute any such communication or contract on the basis that it was delivered, received or entered into by electronic means, including on the basis that it was not “in writing” or was not signed or delivered. “Electronic means” includes computer, telephone, cell phone, smart phone, Internet, email, personal digital assistant, facsimile or other method of telecommunication or electronic transmission.

8. You will not (i) access or use the TUS for an illegal, fraudulent, malicious or defamatory purpose, or (ii) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the TUS.

9. We can set one or more limits for the TUS, and we can change these access limits when we want to without notice to you.

10. You must always keep your Password strictly confidential, and must not disclose it to anyone. If you know or think that someone may know your Password, you must tell us immediately and you must change your Password immediately. Your Password must be unique and not easily guessed or obtained by others. You must not use telephone numbers, birthdates, licence or other numbers or any easily-guessed password.

11. When you are at the AEC web site, we may collect your online activity information by using cookies and other tracking technology. Your online activity information may be used together with other information we have about you to assess the effectiveness of our web site, to understand your interests and needs, to provide you with a customized online experience and to communicate to you information about products and services that may be of interest to you. We will not share this information with any other agency or organisation. Please see our online Privacy Policy for more details.

12. The TUS is a subscription service, and you will pay all service fees or other charges that apply to it.

13. You understand and agree that we may use Third Party Service Providers to provide or to help us provide the TUS.

14. We will not be responsible for any loss, damage, delay or inconvenience suffered or incurred by you with respect to this Agreement. We will only be responsible for any loss, damage, delay or inconvenience suffered or incurred by you in a case where we have been negligent (to be determined in light of reasonable commercial standards).

In no event, even if we are negligent, will we be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by the actions of, or any failure to act by, a Third Party.

We are also not liable for:
- any delay, error, service interruption or failure by us to perform or fulfill any of our obligations to you due to any cause beyond our control (including any system malfunctions or technical failures);
- your inability or failure receive or view a Document that has been presented to you.

15. Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us for any claim, cost and liability we may incur as a result of your access to or use of the TUS, or your breach of the terms and conditions of this Agreement.

16. Suspension/Termination We can terminate (either all or part of) this Agreement or suspend or terminate your access to any of the Services immediately for any reason whatsoever at any time without prior notice. We will not be responsible for any loss or inconvenience that may result from such suspension or termination.

17. Our electronic or printed log and access records showing your use of the TUS are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.

18. AEC is the owner of all articles and downloadable materials made available to you through the TUS. You are given permission to print only one copy of the materials for each master publication you own. The “master publication” is the original AEC textbook, course or other product for which updates are provided through the TUS. You may not share the electronic copy of the materials with anyone else.

19. You will be held fully responsible if someone else accesses the account using your name and password, and that your account will be immediately terminated and any fees you paid will be forfeit. You may also be subject to legal action.

20. These additional terms and conditions will be exclusively governed by the laws of the Province Alberta, Canada. You and we agree that the courts of Alberta shall have jurisdiction over each us for the determination of any matters arising out of this Agreement.

21. If there is a conflict between a term in this Agreement and in any Other Agreement or between this Agreement and the Service Terms, the Other Agreement and the Service Terms, as applicable, will apply to the extent necessary to resolve the conflict.