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TERMS AND CONDITIONS OF USE OF THE REFERENCE MANUAL

The Hospitals In-Common Laboratory Reference Manual (the "Reference Manual") is provided by Hospitals In-Common Laboratory Inc. ("In-Common Laboratories") subject to the following Terms and Conditions of Use ("Terms of Use"). Please read these Terms of Use carefully. You must agree to these Terms of Use in order to access or use the Reference Manual.

1. Permitted Use of the Reference Manual

The Reference Manual is provided by In-Common Laboratories for general guidance only. The specimen requirements, reporting time, reference ranges and prices provided are not intended to be relied upon and may contain errors, inaccuracies and omissions and may not be current. Tests may be withdrawn or reference values amended before changes can be made to the Reference Manual. Stated reporting time should be used as a guide; individual results may take more or less time than indicated. Recommendations outlined in this Web site should be followed to ensure that the maximum information can be obtained from a requested test. Reported results should not supersede clinical manifestations in the patient and the interpretation of a result should take into account the differences between and varying effects of patient's age, sex, weight, genetic make-up, rates of metabolism and clearance, the activities and interactions of analytes and metabolites, and other external factors.

The Reference Manual is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Reliance on any information in the Reference Manual is solely at your own risk.

2. Disclaimers

In-Common Laboratories makes no representation or warranty of any kind regarding the contents of the Reference Manual, all of which are provided on an "AS IS" basis. In-Common Laboratories EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In-Common Laboratories does not guarantee, and makes no representation or warranty as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Reference Manual. In-Common Laboratories has no obligation to maintain either the availability or the currency of the Reference Manual.

3. Limitation of Liability

YOU AGREE THAT In-Common Laboratories WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR ANY PERSONAL INJURY, INCLUDING DEATH, HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER PECUNIARY OR ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH THE USE (INCLUDING ACCESSING) OF THE REFERENCE MANUAL, EVEN IF In-Common Laboratories HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. You agree that under no circumstances will the total liability of In-Common Laboratories to you exceed the fee paid by you, if any, for any particular test, and in any event, In-Common Laboratories's aggregate liability for damages will be limited to $100.

Any claims arising in connection with your use of the Reference Manual must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

4. Indemnity

You agree to defend, indemnify and hold harmless In-Common Laboratories and its officers, directors, employees and agents from and against any and all claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Reference Manual or your breach of these Terms of Use.

5. Limited License and Copyright

The Reference Manual is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Reference Manual and to prevent any unauthorized copying of the contents. Except as expressly provided herein, In-Common Laboratories does not grant any express or implied right or license to you under any intellectual property right, including under any trademark, copyright, trade secret, or confidential information, of In-Common Laboratories.

The Reference Manual is intended solely for use by In-Common Laboratories clients in the delivery of medical laboratory services. Subject to these Terms of Use, In-Common Laboratories grants you a non-exclusive, non-transferable, limited right to access, view, and download the Reference Manual, only in connection with the products and services provided by In-Common Laboratories for use internally by you. All other uses of the Reference Manual are strictly prohibited unless expressly authorized by In-Common Laboratories. This authorization is not a transfer of title in the Reference Manual or to copies of the Reference Manual and you must retain all copyright and other proprietary notices on all copies of the Reference Manual downloaded.

If you violate any of these Terms of Use, your permission to use the Reference Manual automatically terminates and you must immediately destroy any copies you have made of any portion of the Reference Manual.

6. Choice of Law

The Reference Manual is provided by In-Common Laboratories from its offices within Canada. In-Common Laboratories makes no representation or warranty that the contents of the Reference Manual are appropriate or available for use at any locations outside Canada. If you access the Reference Manual from outside Canada, you are responsible for compliance with local law. Except where prohibited by law, these Terms of Use shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario, and the laws of Canada applicable therein, without giving effect to its conflict of laws principles. You hereby submit to the exclusive jurisdiction of the courts of Ontario for any claim related hereto, arising here from or in connection herewith and agree not to bring any action, claim, suit or proceeding against In-Common Laboratories (or any officer, director, or employee thereof) in any jurisdiction other than Ontario.

7. General

These Terms of Use constitute the entire agreement between In-Common Laboratories and you with respect to the subject matter hereof. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The parties have requested that this agreement be drafted in English. Les parties aux présentes ont exigé que le présent contrat soit rédigé en langue anglaise.

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