TERMS AND CONDITIONS OF USE

Please read this Website Use Agreement ("this Agreement") carefully.  This Agreement is between you and Inovobiologic Inc. and governs your use of the ECHINILIN website ("this Site"), currently at www.echinilin.com, including the services that are provided through this Site. If you do not agree with any provision of this Agreement, you may not use this Site.

1. USE OF THIS SITE

1.1 Your access to and use of this Site is subject to the following terms and conditions and all applicable laws and regulations that apply to this Site, to the Internet and/or to the World Wide Web. Your accessing and browsing of this Site constitutes acceptance of these terms and conditions without reservation, limitation or qualification, and acknowledges that any other agreements between you and Inovobiologic Inc., are superseded and of no force or effect.

1.2 These terms and conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such change shall be effective immediately upon posting to this Site. Your continued access and/or use of this Site constitutes your continuing acceptance of these terms and conditions without reservation, limitation or qualification.

1.3 You may freely browse this Site, but you may only download information from this Site, including any text, images, audio, and video (the "Information") for non-commercial personal use. You may not, however, distribute, modify, transmit, reuse, repost, or use the Information for public or commercial purposes, without written permission of Inovobiologic Inc.

1.4 You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Inovobiologic Inc. Information you download. You may not, however, distribute, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission of Inovobiologic Inc. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on this Site without the written permission of Inovobiologic Inc. Inovobiologic Inc. neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Inovobiologic Inc.

1.5 With the exception of the foregoing limited authorization, no license to or right of the Information, or any copyright of Inovobiologic Inc. or of any other party is granted or conferred to you.

1.6 This Inovobiologic Inc. Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Inovobiologic Inc. and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of Inovobiologic Inc. and/or other parties is granted to or conferred upon you.

1.7 The Information posted by the Site operator on this Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Inovobiologic Inc. Information may contain technical inaccuracies or typographical errors. Inovobiologic Inc. reserves the right to make changes, corrections and/or improvements to Inovobiologic Inc. Information, and to the product and programs described in such Information, at any time without notice. Any use or reliance on such Information is at your own risk. Inovobiologic Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site. In particular, Inovobiologic Inc. will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. ALL INOVOBIOLOGIC INC. INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

2. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

2.1 The contents of this Site are for informational purposes only. Information contained on this Site, and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any Information on or linked to this Site is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.

2.2 The Information contained in this Site, or obtained as a consequence of using this Site is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Any user should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of Information obtained from this Site. Reliance on any Information provided on this Site or provided by Inovobiologic Inc. employees or others appearing on the Site at the invitation of Inovobiologic Inc. is solely at your own risk.

2.3 This Site may contain content from third party sources. Inovobiologic Inc. does not necessarily endorse any third party products, views or information presented on this Site and such information or content may not reflect the opinions, recommendations or practices of Inovobiologic Inc.

3. TRADEMARKS AND COPYRIGHT

3.1 This Site contains the trademarks of ECHINILIN products and Inovobiologic Inc. Technologies Limited, including, but not limited to, the registered trademarks: ECHINILIN. All rights in respect of all of such trademarks are reserved.

3.2 Everything you see or read on this Site is copyrighted, including design, page headers, button icons, graphics, images, text and arrangement thereof, and software used in this Site, and all intellectual property rights therein, including all copyright and trade-mark rights, are property of Inovobiologic Inc., its licensors or others, as the case may be. Nothing from this Site may be used by you except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of Inovobiologic Inc. Inovobiologic Inc. neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Inovobiologic Inc.

3.3 Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this Site without the written permission of Inovobiologic Inc. or any third party that may own any such item displayed on the Site. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms and Conditions. Inovobiologic Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law should you breach any of these terms and conditions.

4. SUBMISSIONS

4.1 Any communication or material you transmit to Inovobiologic Inc. or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called "Submissions"), is and will be treated as royalty-free, non-confidential and non-proprietary.

4.2 Any Submissions you transmit or post become the property of Inovobiologic Inc., its affiliates and assigns, and may be used, subject to our Privacy Policy in connection with any personal information that may be included in the Submission, for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other uses in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Inovobiologic Inc.'s discretion. Inovobiologic Inc. is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any Submission to Inovobiologic Inc., you will be deemed for all purposes to have assigned and transferred to Inovobiologic Inc. all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personality rights in and to the Submission, and you acknowledge and agree that any act that is required to send a Submission will be deemed for all purposes to be your electronic signature to these terms and conditions.

4.3 Any Submissions that you transmit or post constitutes your warranty that such content is not subject to any third party copyright or any other proprietary rights and that you have full capacity and authority to make such submission.

4.4 Without limiting the generality of section 4.1 above, you agree to sign and deliver to Inovobiologic Inc. on demand all further documents and assurances that Inovobiologic Inc. may request in connection with the assignments, transfers, releases and waivers contemplated by that section.

4.5 Although Inovobiologic Inc. may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on the Site, Inovobiologic Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

4.6 Inovobiologic Inc. is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and Inovobiologic Inc. will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without imitation copyrights and trademarks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. Inovobiologic Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Inovobiologic Inc. to disclose the identity of anyone posting any such information or materials.

5.1 Inovobiologic Inc. collects, uses and discloses personal information in accordance with its Privacy Policy.  Inovobiologic Inc. may modify its Privacy Policy from time to time in its sole discretion.  Each time you use this Site, you consent to Inovobiologic Inc.'s collection, use and disclosure of your personal information in accordance with its Privacy Policy, in effect then.

5.2 Unless encrypted, information sent or received over the Internet is insecure and Inovobiologic Inc. cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Inovobiologic Inc. will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to Inovobiologic Inc. through this Site.

6.  ADVERTISING CONTENT

6.1 All ads in the Site are published in good faith without verification. We reserve the right to refuse, classify, revise or censor any ads for any reason in our sole discretion.

6.2 The ads posted on the Site may include inaccuracies or errors. We do not under any circumstances accept responsibility for the accuracy or otherwise of any ads or messages in the Site, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of a third party's rights of any kind. We do not control the Terms and Conditions of any contracts offered to you by advertisers on this Site. We are not responsible for any loss or damage that might be incurred by you as a result of your use of this Site or any advertisers or other third parties linked to this Site. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or us and any advertisers on this Site.

6.3 We specifically disclaim any and all liability to you and advertisers on this Site of any kind, for loss or damage of any nature, whatsoever and howsoever arising, whether due to inaccuracy, error, omission or any other cause, whether on the part of us, or our employees or agents, or any other person, due to your or their use of the ads, the information contained therein, or any other information available on this Site.

6.4 You are advised to review the ads and message details carefully before entering into any agreement of any kind with, or before disclosing any personal information to the advertisers on this Site. If you are in doubt, you should obtain legal advice before proceeding.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1 Your use of and browsing of this Site are undertaken at your own risk. Neither Inovobiologic Inc., any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of, or browsing of this Site or your downloading of any materials, data, text, images, video or audio from this Site.

7.2 Without limiting the generality of section 7.1, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.

7.3 You promise to indemnify and save Inovobiologic Inc., and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this Site or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation.

7.4 Your sole remedy for dissatisfaction with this Site, Site-related services or products, content or information contained herein or on any hyperlinked website is to stop using the Site, Site-related services or products, content, information or hyperlinked website.

8. LINKED SITES

8.1 Because Inovobiologic Inc. has no control over and does not endorse any of the sites to which this Site is linked and because Inovobiologic Inc. has not reviewed any or all of the sites to which this Site is linked, you acknowledge that Inovobiologic Inc. is not responsible for the content of any off-site pages or any other sites linked to this Site. Inovobiologic Inc. reserves the right to terminate any link or linking program at any time and the linking of any site to or through this Site does not imply any endorsement by Inovobiologic Inc. of the companies, products or information offered described or otherwise made available on or through such linked sites. By making use of any such links, you understand that the legal statement and privacy policy of the linked site will apply and which may be different from those of Inovobiologic Inc. Inovobiologic Inc. accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policy of third parties. If you decide to access any site linked through or to this Site, you do so entirely at your own risk.

8.2 Links to this Site are permitted only to the home page. You may not link to any other pages without the prior written consent of Inovobiologic Inc.

8.3 Framing of this Site by sites or site elements of parties not part of the Inovobiologic Inc. Group is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of Inovobiologic Inc. is equally prohibited.

9. GOVERNING LAW

9.1 Inovobiologic Inc. controls this Site from within the Province of Alberta, Canada.  Regardless of your place of residence, the location where you access this Site or any other consideration, you agree that this Agreement, your use of this Site and all related matters are governed by the laws of the Province of Alberta and the laws of Canada in force in there, without regard to its rules relating to conflict of laws.  You also agree to submit to the exclusive jurisdiction of the Courts of Alberta with respect to any dispute between you and Inovobiologic Inc. arising from or relating to your use of this Site, this Agreement or any related matters.

Inovobiologic Inc. Technologies Limited Website Privacy Policy

This Policy is a statement of our general privacy policy and practices governing the ways in which we collect, hold and use information about individual persons. Our privacy policy is easy to find as it is located on our homepage and each page of this website. Where personal data is requested, further explanation may be provided, where appropriate, as to the purposes for which the data will be used. This Policy, coupled with any supplementary explanation, is designed to provide privacy protection tailored to the individual visitor to, or user of, this Site.

1. Pledge on Privacy

The term "personal data" as used in this Policy refers to information such as your name, birth date, e-mail address or mailing address that can be used to identify you. Inovobiologic Inc. Technologies Limited ("Inovobiologic Inc.") will not process your personal data without your consent.

In processing your personal data, we pledge to fully comply with internationally recognized standards of privacy protection. In so doing, we ensure compliance by our staff with strict standards of security and confidentiality.

The next sections explain how and when we collect personal data from you.

2. Intended Use of Personal Data

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields. In these situations, if you chose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.

Inovobiologic Inc. processes personal data for specific and limited purposes, which we inform you about when we ask you for information. For example, we may collect and use personal data to provide you with products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes. Information you send to our customer service department is used only to help resolve your problem and is otherwise kept private.

Inovobiologic Inc. keeps your data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or documentation retention requirements.

3. Non-Disclosure of Information

Inovobiologic Inc. will not sell, share or otherwise distribute your personal data to third parties outside the Factors Group of Nutritional Products Inc. However, personal data may occasionally be transferred to third parties who act for or on behalf of Inovobiologic Inc., or in connection with the business of Inovobiologic Inc., for further processing in accordance with the purpose(s) for which the data was originally collected.

Where disclosure of personal data to a third party occurs we will endeavour to ensure that the processing is performed in accordance with the purposes and within the limits under which the data was originally collected. Such third parties may operate under different privacy policies. In the event that this website is closed down, all personal data will be destroyed or you will be notified of any new manner of use of the data so you may revoke your consent of the use of this data.

4. Right of Access

You have the right to access and update your personal data or to require their deletion. We endeavour to ensure that personal data is up-to-date, accurate, and complete. If you wish to access or correct your personal data held by us, please email us at: echinilin@factorstechnologies.com. Your requests will be dealt with in a prompt and proper manner. No charge will be levied for complying with a correction request, however, for all other requests, Inovobiologic Inc. may charge a small fee to cover its costs. Requests to delete personal data will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on Inovobiologic Inc.

5. Security and Confidentiality

To ensure the security and confidentiality of personal data that Inovobiologic Inc. collects on-line, Inovobiologic Inc. uses data networks protected, inter alias, by industry standard firewall and password protection. Access to personal data is restricted to those employees who have a need to use the data and who have been trained to handle such data properly and observe strict standards of confidentiality. If an employee breaches our policies and procedures he/she will be disciplined accordingly. Staff compliance with our policies and procedures is regularly audited and reviewed. While we cannot guarantee against any loss, misuse or alteration to data, we try to prevent such unfortunate occurrences.

6. Data Transfer Abroad

We may transfer your data to one of Inovobiologic Inc.'s databases outside your country of domicile. If the level of privacy protection in a country does not afford an adequate level of privacy protection, we will ensure that data transfers to Inovobiologic Inc. databases in that country are adequately protected and that the transfer of data to third parties in such countries will not occur unless we obtain your express consent to such transfer in advance.

7. Anonymous Data and "Cookies"

Most of the information that Inovobiologic Inc. collects from its website(s) is anonymous information, such as the pages you visit and searches you perform. When you visit our website, we do not collect any personal data from you unless otherwise authorized by you.

Anonymous information is processed by Inovobiologic Inc. to help improve the contents of the site and to compile aggregate statistics about individuals using our site for internal, market research purposes. In so doing, Inovobiologic Inc. may install "cookies" that collect the first level domain name of the user (e.g., "bigmail.com" from and e-mail address of john@bigmail.com) and that date and time of the access. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information that is sent to your browser and stored on your computer's hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie, this will enable you to decide if you want to accept it or not.

8. Spamming

Inovobiologic Inc. does not condone "spamming." Spamming is defined as sending unsolicited e-mails, usually of a commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications.

In contrast, where Inovobiologic Inc. believes that certain product, health, or other information is of importance to you it reserves the right to inform you by e-mail whilst giving you the choice of opting out of such service.

9. Personal Information and Children

Inovobiologic Inc. will not knowingly collect, use or disclose personal data from a minor under the age of 13, without obtaining prior consent from a person with parental responsibility (e.g., a parent or guardian) through direct off-line contact. We will provide the parent with (a) notice of the specific types of personal data being collected from the minor, and (b) the opportunity to object to any further collection, use, or storage of such information. Inovobiologic Inc. abides by laws designed to protect children.

10. Links to Other Sites

This Privacy Policy applies only to this Site to the exclusion of third party websites. Inovobiologic Inc. may provide links to other websites that we believe may be of interest to our visitors. We aim to ensure that such websites are of the highest standard. However, due to the nature of the World Wide Web, Inovobiologic Inc. cannot guarantee the standards of every website link it provides to be responsible for the contents of non- Inovobiologic Inc. sites.

11. Contact Inovobiologic Inc.

If you have any queries or complaints about our compliance with this Privacy Policy, or if you would like to make any recommendations or comments to improve the quality of our Privacy Policy, please email us at: echinilin@factorstechnologies.com. This privacy policy is effective as of August 1, 2004. We aim to constantly improve the tools available to you to manage the data that you provide to us. Please refer to this page from time to time to review these other new features.