PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS ANY OF OUR ONLINE INFORMATION AND CEASE FROM FURTHER USE OF THIS SITE INCLUDING ALL OF THE PAGES ON THE SITE. The site and the information (including changes to the terms herein) may be changed or updated from time to time without notice. Updates in these terms will be noted by way of change to the "Last Updated" dated (set out above) and shall be deemed effective upon such posting. It is your responsibility to review these terms to obtain timely notice of such changes. Your continued use of this site or related services after such posting of an update constitutes your agreement to this Terms of Use agreement as amended.
References to "NUCRYST" in this Terms of Use agreement (the "Terms") are to NUCRYST Pharmaceuticals Corp. References in the Terms to "NUCRYST and its Affiliates" include NUCRYST, The Westaim Corporation, iFire Technology Inc. and any other affiliates of NUCRYST Pharmaceuticals Corp. References in the Terms to "WESTAIM" are to The Westaim Corporation
While efforts are made to ensure that the information and materials contained in this site are accurate, they are provided on an "as is" basis. NUCRYST does not warrant or make any representations or claims as to the accuracy, adequacy, validity, timeliness, completeness or otherwise of this information and materials, and expressly disclaims liability for errors or omissions in, or the failure to update any of, this information and materials. No warranty of any kind, implied, express, or statutory is given in conjunction with the information and materials. In addition, Internet software transmission problems could produce inaccurate or incomplete copies of documents or other material from NUCRYST's site when downloaded and displayed on a user's computer. The information and materials available on this site are general in nature and are not intended to provide specific medical, scientific, legal, accounting, financial or tax advice to any user. NUCRYST shall not be liable or responsible for any claim or damage, direct or consequential, arising out of the interpretation, reliance upon or other use, authorized or unauthorized, of such information. In consideration for using this site, you agree to hold NUCRYST and its Affiliates, and their respective directors, officers, employees and agents harmless against any claims for damages or costs or any loss of any kind arising out of the access to or use of this site or any information contained in or obtained through this site.
This site or any document contained hereon may contain forward-looking statements about the operations (including, without limitation, product projections and clinical trial result implications), objectives and strategies of NUCRYST and its Affiliates. Forward-looking statements are typically identified by the words "may", "could", "should", "would", "will", "suspect", "outlook", "believe", "anticipate", "estimate", "expect", "intend", "plan", and words and expressions of similar import. Forward-looking statements are not guarantees of future
performance. These statements are subject to risks and uncertainties. Actual results may differ due to a variety of factors, including delays or problems in the patenting process, complexities in the development process of any technology, market and competing technologies affecting the manufacture and market of NUCRYST technologies, errors in assumptions upon which cost estimates or results are based, legislative or regulatory development or delays in approvals, market or economic conditions affecting the products' development, demand or financing, and general industry and market conditions and growth rates. This list is not exhaustive of the factors that may affect any of NUCRYST 's or its Affiliates forward-looking statements. These and other factors should be considered carefully and users of this site should not place undue reliance on NUCRYST 's or its Affiliates forward-looking statements.
No information contained on this site is to be considered as an offer to sell or a solicitation to buy any securities in any jurisdiction. Information disclosed under corporate securities legislation of Canadian, U.S. or other jurisdictions applicable to NUCRYST or its Affiliates is not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this site. The documents and information available on this site are provided as a convenience and for information purposes only. Where any documents on this site have been filed in accordance with applicable securities law, such documents are not the official versions of WESTAIM's securities law disclosure documents.
Certain links on this site lead to sites maintained by independent parties over whom NUCRYST has no control. NUCRYST makes no representation to the accuracy or any other aspect of the information contained on such sites, and NUCRYST disclaims any responsibility for the content or privacy practices of such sites or the organizations providing such sites.
IN NO EVENT WILL NUCRYST OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR USE OR INABILITY TO USE THIS SITE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF NUCRYST OR ITS AFFILIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSES OR EXPENSES.
NUCRYST, NUCRYST PHARMACEUTICALS & Design Mark, SILCRYST and SILCRYST & Design are registered trade-marks of NUCRYST Pharmaceuticals Corp. registered in Canada and the United States. WESTAIM and the WESTAIM Triangle Design are registered trade-marks of The Westaim Corporation registered in Canada and the United States, used under licence by NUCRYST Pharmaceuticals Corp. A list of NUCRYST and its Affiliates trade-marks can be viewed by clicking here. SMITH & NEPHEW & Design and ACTICOAT are registered marks of Smith & Nephew plc, used under license by NUCRYST Pharmaceuticals Corp. All other brand and product names are unregistered or registered trade-marks of their respective holders. The display of any of the names, words, titles, phrases, logos, icons, graphics or designs in the pages of this site does not imply that any license to the same has been granted to any user of this site.
Copyright laws of Canada, the United States, and other jurisdictions protect information contained in this site. Although users of this site shall be entitled to use information contained herein for their personal use, users may not republish or reproduce any such information in any manner whatsoever, including electronic reproduction by "uploading" or "downloading" without the prior written consent of NUCRYST. No permission is expressed or implied to copy, redistribute, reproduce, republish, upload, post, transmit, or distribute any information found in the pages of this site in any form whatsoever for any purpose, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of NUCRYST's copyright and other proprietary rights.
The material and information on this site are being made available only under the conditions set out herein. NUCRYST reserves its rights to the intellectual property presented in and by this site, which includes, but is not limited to, its copyrights, trade-marks and corporate logos.
By accessing this site, you agree that any information you submit is insecure and could be observed by a third party while in transit. If you are submitting information that you would like to keep private, it would be safer for you to make such submission by other means. Submissions containing personal information are governed by the Privacy Policy set forth below.
In the event that you have submitted information, content or ideas through this site, including where the information, content or ideas may be the subject of statutory protections such as copyright or patent, you hereby grant to NUCRYST and its Affiliates a right to use such information, content or ideas, and waive any rights to and release NUCRYST and its Affiliates from any claims you may have to restriction of or compensation for such use.
Acceptable Use Policy: Any conduct by the user of this site that is contrary to domestic or national law, order or regulation, is a violation of this Terms of Use Acceptable Use Policy (AUP). Prohibited activities include, but are not limited to:
• Uploading, submitting or disseminating material which violates copyright or intellectual property rights. The user assumes all risk regarding whether material is in the public domain,
• Posting, submitting or disseminating unlawful material (such as child pornography, obscene material, or material that constitutes an illegal threat), or defamatory material,
• Circumventing or attempting to impair user authentication or the security of this site, related databases, host servers, or networks,
• Introduction of malicious programs (such as viruses, worms, Trojan horses, e-mail bombs) into the site or servers, and
• Fraudulent activities, including but not limited to: impersonating any person or entity, or forging anyone's digital or manual signature.
You are responsible for any misuse of the site that originate from your IP address.
You hereby authorize NUCRYST to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce this AUP.
NUCRYST takes reasonable precautions to ensure this site is free of computer viruses. It is recommended that the user install and use appropriate anti-virus or other protective software. NUCRYST DISCLAIMS ANY AND ALL LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS THAT MAY BE INADVERTENTLY DOWNLOADED FROM THIS SITE.
The failure of NUCRYST to enforce any term of this Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of these Terms is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
This site will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law. You agree that any action commenced regarding this site or your use of this site shall occur in a court in the Province of Alberta and the Federal Court of Canada (where required by process of law) and any appellate court therefrom. You irrevocably attorn to the jurisdiction of such courts.
When you submit personal information to us, you understand and agree that we may record and use your personal information in accordance with our Privacy Policy which may include use or disclosure of this information within or between countries, including Canada and the United States.
If you require more information regarding our Privacy Policy and related practices, or to submit a request for access to your personal information, or if you have a concern or complaint about privacy, confidentiality, or our information handling practices, please contact our Privacy Officer:
Ms. C. Amelio, Vice President - General Counsel
10102-114 Street
Fort Saskatchewan, Alberta T8L 3W4
Telephone (780) 992-5626
Please read the terms of this privacy policy and, if you are in agreement, click "I Accept" at the bottom. By submitting information through this site, you are consenting to this policy and agree to be bound by it. If you do not agree to the conditions of this policy, do not submit any information through any of the pages on this site. Use of this web site is also governed by the Terms of Use.
When you submit personal information to us, you understand and agree that we may record and use your personal information in accordance with our Privacy Policy which may include use or disclosure of this information within or between countries, including Canada and the United States.
The scope and application of our privacy policy include the following:
• The policy applies to personal information about our individual customers and employees that is collected, stored, used or disclosed by us.
• The policy does not impose any limits on the collection, storage, use or disclosure of the following information by us:
• A customer's name, address, telephone number and e-mail address, when listed in a directory or available through directory assistance;
• The name, title, business address (including e-mail address) or business telephone or fax number of an employee of any business or our employees; or
• Other information about a customer or employee that is publicly available and is specified by regulation pursuant to the Personal Information Protection Act or the Personal Information Protection and Electronic Documents Act.
NUCRYST has developed its Privacy Policy to comply with the Personal Information Protection Act (Alberta), and the Personal Information Protection and Electronic Documents Act (Canada) and to ensure the privacy of any personally identifiable information that you may submit through this site. We collect the following types of personal information through this site: name, address, email address, telephone number, interest in contacting NUCRYST and resume. Such personal information may be provided to Smith & Nephew PLC for direct response to you in respect of questions relating to products distributed, marketed or sold by Smith & Nephew PLC and your acceptance of this policy expressly approves such transmittal and acknowledges that NUCRYST shall have no further liability in regard to the privacy of such information.
Key principles in the Policy governing our information handling practices are:
1. NUCRYST will limit its use of information collected about you to its internal business operations (including the operations of its affiliates) in order to fulfill the requests or complete and respond to inquires or applications made by you through this site, as well as to facilitate the relationship which we have with you, and to provide you with information about additional products and services that we believe might be of benefit and interest to you. NUCRYST will limit the personal information it collects about you to what NUCRYST needs for those purposes, and only those purposes. If NUCRYST wishes to use your personal information for any other purpose other than those purposes expressly permitted in legislation, NUCRYST will obtain your consent.
2. The only circumstances in which NUCRYST will release your information to third parties are: where NUCRYST has your consent, to NUCRYST suppliers or agents who assist NUCRYST in serving you, or where NUCRYST is required or permitted to do so by law. In addition, if NUCRYST is bought, merged or otherwise transfers all or substantially all of its assets to a third party, our information about you and your use of the site will be one of the assigned or otherwise transferred assets. However, in that situation, the surviving entity will be bound by this privacy statement.
3. Upon your request, you may have access to the information which NUCRYST has on your file in order to verify and amend the personal information held by NUCRYST. NUCRYST will attempt to keep your information as accurate and up-to-date as reasonably possible to fulfill the purposes for which it is to be used. To request access to your personal information
4. NUCRYST will investigate and respond to your concerns about any respect of its handling of your information, including providing you, upon your request, with further information with respect to NUCRYST policies and practices that apply to the management of your information.
5. NUCRYST may collect and gather data when you visit the Site, including keeping track of the domain/IP/Internet Address from which people visit the site, and gathering data when you move from page to page, read pages or download content onto your computer. None of this information is associated with you as an individual. It is measured only in the aggregate and is only utilized to find out how many people visit this Site and which sections of the site are visited the most frequently. You remain anonymous. This information is used only for NUCRYST'S purposes and to improve the services being offered to NUCRYST clients as a whole.
Cookies are small pieces of data that are transferred between computer systems for a short period of time. Cookies maybe used to customize your visit when you return to a site. No personal information is collected through cookies, nor is personally identified data tied to cookies. You may adjust your web browser to refuse to accept Cookies, but this may prevent access to our sites or prevent certain areas of the sites from working properly.
Our sites are intended for people over the age of 13, unless otherwise specified. Do not provide us with your personal information if you are under the age of 13.
If you are a visitor to our site from outside of Canada or the United States, when you provide information, your personal data may be transferred to computers in Canada, the United States and other countries to respond to your request. Do not enter information if you do not want this information transferred electronically outside of your country of origin or the laws in your area forbid these types of transfer. Instead, please use telephone numbers as provided to make your inquiry.
From time to time, NUCRYST may make changes to this Privacy Policy.
If you require more information regarding our Privacy Policy and related practices, or to submit a request for access to your personal information, or if you have a concern or complaint about privacy, confidentiality, or our information handling practices, please contact our Privacy Officer:
Ms. C. Amelio, Vice President - General Counsel
10102-114 Street
Fort Saskatchewan, Alberta T8L 3W4
Telephone (780) 992-5626.
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