StudyMaker Terms of Use

This is an Agreement between you and BreathQuant Medical Systems (BQMS), and governs your use of the BQMS web site at www.studymaker.com and its content (collectively the "Web Site"). Each time you use the Web Site you signify that you have read the terms, conditions and notices in this Agreement and you agree to accept them, without limitation or qualification, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.

If you do not agree to these terms and conditions, you should immediately discontinue any use of the Web Site. These terms and conditions may change from time to time and it is your responsibility to check for such updates; this version of the Agreement is effect since Sept 1, 2003.

1. RESERVED RIGHTS AND GRANT OF LIMITED LICENCE

(a) You are granted a limited licence to use (display or print) short extracts of the data and information (collectively, the Information) for your own personal non-commercial use only, provided the Information is not modified and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information without BQMS’s prior written consent, including, but not limited to, any reproduction, republication or re-dissemination in any manner or form is prohibited.

2. NO LINKING, FRAMING, MIRRORING, SCRAPING OR DATA-MINING

(a) Links to the Web Site without BQMS’s express written permission are strictly prohibited. To request permission to link to the Web Site, please contact BQMS at support@studymaker.com. The framing, mirroring, scraping or data-mining of the Web Site or any of its content in any form and by any method is strictly prohibited.

3. TERMINATION OF THIS AGREEMENT

(a) If you breach any provision of this Agreement, you may no longer use the Web Site. BQMS may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it, or your permission to use the Web Site, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the Web Site is terminated by you or BQMS for any reason, then:

(i) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site; and

(ii) BQMS may continue to use and disclose your personal information submitted on the Web Site in accordance with the BQMS Privacy Policy as amended from time to time.

4. NO ENDORSEMENT

(a) The Web Site may contain links to other sites operated by parties other than BQMS which are provided for convenience only; BQMS does not assume responsibility for the content of such sites.

(b) The mention of another party or its product or service on the Web Site should not be construed to mean that BQMS endorses that party or that party’s product or service or that BQMS is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

5. NO LIABILITY

(a) BQMS DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEB SITE. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY BQMS TO THE FULLEST EXTENT PERMITTED BY LAW.

(b) BQMS IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER TORTUOUS ACTION, WHETHER OR NOT BQMS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

6. TRADEMARKS

(a) Certain words, phrases, names, designs or logos used on the Web Site may constitute registered or common law trade-marks, service marks or trade names of BQMS or other entities (collectively the “Marks”). The display of the Marks on the Web Site does not imply that a licence has been granted to you to use the Marks by BQMS or other entities. Any use of the Marks displayed on the Web Site is strictly prohibited, except as expressly allowed in this Agreement.

7. CONFIDENTIALITY

(a) The Web Site (and the Internet generally) is not a secure medium and privacy cannot be guaranteed. BQMS will not be responsible for any damages you or any third party may suffer as a result of the transmission of information that you make to BQMS through the Web Site, or that you expressly or implicitly authorize BQMS to make, or for any errors or any changes made to any transmitted information.

(b) All information submitted to BQMS via the Web Site shall be deemed and remain the property of BQMS and BQMS shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to BQMS through the Web Site or sent through e-mail. By submitting any such information you agree that you have assigned all copyright in such information to BQMS and waived all of your moral rights associated with such information. BQMS shall be subject only to the obligations of confidentiality regarding any such information as contained in paragraph 8 “Privacy Policy” below or as required by law.

8. PRIVACY POLICY

(a) On the Web Site, BQMS collects, uses and discloses your personal information in accordance with the BQMS Privacy Policy. By accepting this Agreement, and each time you use the Web Site, you consent to BQMS’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.

9. COMPUTER VIRUSES

(a) While every effort is made to ensure that all information provided at the Web Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

10. CHOICE OF LAW

(a) The laws of the State of Delaware applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding instituted under or related to this Agreement.

11. GENERAL TERMS

(a) This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and BQMS relating to your use of the Web Site, and supersedes all previous agreements, written, oral or otherwise, between you and BQMS with respect to your use of the Web Site.

(b) If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

(c) The provisions of this Agreement will enure to the benefit of and be binding upon each of BQMS and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of BQMS which may be withheld in BQMS's sole discretion. BQMS may assign this Agreement and its rights and obligations under this Agreement without your consent.

(d) No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

(e) All Sections of this Agreement survive indefinitely after the termination of this Agreement.