Merck Frosst Canada Ltd.
Terms of Use Agreement
Effective as of 1st July 2009

PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website.
This website is owned and operated by Merck Frosst Canada Ltd., a company incorporated in Canada ("MFCL") and an affiliate of Merck & Co., Inc. . It offers multi-faceted Internet resource to duly licensed physicians in Canada, and is designed to comply with the laws and regulations of Canada. These terms shall be governed by the laws of Quebec and the applicable laws of Canada without reference to principles of conflict of laws.

1. Acceptance. By using this website , you agree to be bound by, and to comply with the terms of use set forth in this agreement. MFCL reserves the right to change these terms from time to time, as it deems to be necessary. MFCL will always post notice of those changes and the date that they became effective, within the current agreement on the website. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this website. The access to and use of the information contained herein are subject to this Terms of Use Agreement and all applicable law. Some services and information included in this website, or accessible via this website, may also be subject to additional Terms of Use which shall be provided to the user at the time that the user chooses to make use of such services or information.

2. Scope. The terms of use set forth in this agreement apply only to your use of this website. MFCL owns and operates other websites that are covered by their own conditions as specified within those sites.

3. Description of Service. This website may include many types of services and information for physicians including, but not limited to, research and news articles, slides, tools, other educational materials, promotional material and other resources. All information contained within the website is intended only for duly licensed physicians in Canada. The information contained within this website is for informational and advisory purposes only and in no way intended to serve as a substitute for professional medical advice or your own sound medical and clinical judgment or individualized patient care. As a physician, you should use your own professional judgment in evaluating the information provided within this website. We also recommend that you consult with other professional sources and references prior to making any evaluation or treatment decisions.

4. Representation. As a user of this website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your name, graduation year, postal code, email address and specialty.

5. Registration and Privacy. Please refer to the Statement regarding the protection of Personal Information and MFCL's Online Privacy Policy for information on the registration processes and how MFCL protects your personal information.

If you wish to cancel your registration to this website or any other MFCL's website, contact our Chief Privacy Officer at:
Chief Privacy Officer
Phone: 514 428 3960
Facsimile: 514 428 8529
Email: Canada_privacy@merck.com

6. Third Party Content.This website may contain information brought to you by third parties. The website may also provide links to other Internet websites. Notice of this information is provided throughout the website. MFCL assumes no responsibility for information provided by third parties or the content of other websites to which MFCL provides links. MFCL does not review or control the content of any non-MFCL site. MFCL does not endorse and is not responsible for the accuracy, content, practice of standards of any non-MFCL sources. Any links to other sites are provided merely as a convenience to the users of this website. Those Internet websites are governed by their own terms of use displayed on the respective websites.

7. Disclaimer of Warranties MFCL has taken reasonable measures to ensure that the information contained within this website is reliable. If applicable, MFCL has obtained required approvals; however, by using this website, you accept the information, products and services provided herein "AS IS". MFCL makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this website, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The owners of this website shall not be liable for any damages or injury resulting from your access to, or inability to access, this website, or from your reliance on any information provided at this website. Your sole and exclusive remedy is to discontinue using and accessing this website.

8. Ownership and Confidentiality Material on this website, including but not limited to text, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by MFCL, and MFCL does not represent or warrant that such material does not infringe the rights of any other person or entity. You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also warrant that any information or material including ideas, concepts, know-how or techniques contained in this information which you provide to MFCL electronically through your access to or usage of this website does not infringe the rights of any person or entity, and acknowledge that such information or material including ideas, concepts, know-how or techniques in this information may be used in whole or in part in any manner by MFCL including, but not limited to, reproduction, retransmission, publication of such information or material for the commercial purposes of MFCL or disclosure of your identity. Trademarks, logos and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of MFCL or others, are the property of their respective owners, and may not be used without written permission of MFCL or of the owner of such Marks respectively. Any information or material contained on this website which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.

9. Viruses. MFCL does not represent or warrant that the information or materials accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

10. Reserve of Rights. All rights not expressly granted in these terms are reserved to MFCL. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of MFCL or any other person or entity.

11. Jurisdiction. This website is controlled and operated by MFCL from Kirkland, Quebec. MFCL makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website 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.

12. Consequences. MFCL reserves the right to suspend or terminate your account if you breach the terms of this agreement. If your breach causes harm to others, you agree to indemnify and hold MFCL harmless from and against any and all loss, damage, or expense. If any dispute arises between you and MFCL regarding this agreement or your use of this website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration conducted in Montréal, Québec in accordance with the Quebec code of civil procedure (Book VII: Arbitrations). The arbitration award shall be final and binding. Each party shall pay for all legal fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration.

TRADEMARKS

All product names appearing in type form different from that of the surrounding text are trademarks owned by or licensed to MFCL, its subsidiaries or affiliates.