Terms & Conditions

[By accessing this site, you agree to be bound by the terms and conditions set out below.

This website (the “Site”) is provided by Imagin Medical Inc. (“Imagin,” or “Imagin Medical”). The statements and communications contained in this Site are intended for information only. None of them constitutes a solicitation, an offer or a recommendation to buy or sell securities, or to conduct other transactions.

Imagin Medical, Inc. is a development stage company and does not currently have any Medical Device Regulatory Approvals or Clearances to market products in any jurisdiction.

Legal Contract

Your use of this Site is subject to the terms of a legal agreement, the terms of which are set out below. It is important that you take the time to read them carefully. Collectively, the terms and conditions of this legal agreement are set out below, and referred to as the “Terms”.

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:

(i) clicking to accept or agree to the Terms, where this option is made available to you in the user interface; or

(ii) by actually using the Site. In this case, you understand and agree that we will treat your use of the Site as acceptance of the Terms from that point onwards.

By clicking to accept these Terms or using the Services, you are agreeing that you have read, understand and accept these Terms, will abide by and are legally bound by these Terms.

 

Access to the information, documents, opinions and links (collectively the “information”) contained on this Site constitutes your acceptance of the provisions set out below. By accessing this Site, you warrant that you have the legal authority to enter into this agreement and to assume, and do assume, any risks related to your use of this Site and its content and that you understand these terms and conditions and the risks relating to their use. If you do not agree with these terms and conditions or are dissatisfied with the Site or its contents, your only remedy is to stop using it.

No warranty, either express, or implied, is given with respect to the information contained within the Site. All information is provided “as is” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND ANY SUCH WARRANTIES OR CONDITIONS ARE HEREBY DISCLAIMED. IMAGIN AND ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SITE.

Imagin will revise the content, display or functionality of this Site as it deems necessary, and consequently information may be changed, removed or updated without prior notice. Disruptions to this Site may occur as a consequence of the need to revise its content, display or functionality, or for other related and/or unrelated reasons. Although it is Imagin’s goal to minimize disruptions to this service, it does not guarantee that this Site will be available at all times. These Terms and Conditions of Use may also be changed, removed or updated for any reason without prior notice.

Actions based on information contained in the Site are the responsibility of those who take such actions. Imagin Medical therefore disclaims all liability for damage which may result directly and indirectly from the use, performance or consultation of this Site and other websites linked to it.

CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS

This website contains certain “forward-looking statements.” Forward-looking statements as defined by the “safe harbor” provisions of the United States Private Securities Litigation Reform Act of 1995, and in some cases, you can identify these statements by forward-looking words such as “if,” “shall,” “may,” “might,” “will likely result,” “should,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “project,“ “intend,” “goal,” “objective,” “predict,” “potential” or “continue,” or the negative of these terms and other comparable terminology. Forward-looking statements in the Site are based on expectations, estimates, forecasts and projections at the time such statements are made, any of which could prove to be wrong. Because such statements deal with future events, they are subject to various risks and uncertainties and actual results could differ materially from the statements. Factors that could cause the Company’s results to differ materially from those expressed in forward-looking statements include, without limitation, the following risks: we may not be able to obtain sufficient financing and/or establish necessary relationships with third parties to continue to pursue our business plan; shareholder dilution may result from future capital raising efforts; we may be unable to raise capital on favorable terms; any development activities or clinical trials we may conduct, may not produce favorable results; regulatory agencies may require that we undertake additional or more costly studies or clinical trials than we presently anticipate; we may never gain regulatory approval for any of our product candidates; we may not be able to protect our intellectual property rights; we may be subject to claims of infringement on the intellectual property of others; general business and economic conditions may limit our ability to obtain necessary capital; the consequences of competitive factors in the industry in which we operate may restrict the success of any product candidate we are able to commercialize; and we may not be able to attract or retain key personnel. More detailed information about us and the risk factors that may affect the realization of any forward-looking statements shall be found in our filings as required by Canadian Securities Administrators and may be read free of charge on the System for Electronic Document Analysis and Retrieval (SEDAR) filing system at www.sedar.com. You are cautioned not to place undue reliance on any forward-looking statements made on the Site or related materials. Given these risks and uncertainties, all such statements are qualified in their entirety by this cautionary statement. All forward-looking statements speak only as of the date it is first made, and we undertake no obligation to revise or update any forward‐looking statement to reflect events or circumstances after the date so made, except as otherwise required by law.

Nothing on this website is either an offer to purchase, or a solicitation of an offer to sell, securities of Imagin Medical or any other entity. Nothing on this website is a solicitation of a proxy from a security holder of Imagin Medical or any other company

EXCLUSION OF LIABILITY

Imagin Medical shall not be liable for any claims, expenses, damages (including direct, indirect, special or consequential damages), or loss of profits, opportunities or information arising from:  the use of or reliance on information contained in this Site; any inaccuracy or omission in such information or failure to keep the information current; use of any third party websites linked to this Site; any Internet software used in connection with this Site or computer viruses or other destructive programs encountered as a result of using this Site; and any other matter connected with this Site; even if Imagin Medical is made aware of the possibility of such claims, expenses, damages or losses.

NOT RESPONSIBLE FOR INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties inherent in the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site. Imagin Medical shall not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software.

NOT RESPONSIBLE FOR LINKED WEBSITES

Imagin Medical provides links to third party websites for your convenience only and the inclusion of these links does not imply that Imagin Medical monitors or endorses these websites. Accordingly, Imagin Medical accepts no responsibility for such websites.

WEBSITE IS PROVIDED AS A SERVICE ONLY

This Site is not intended as a, or a means of, solicitation or offering of securities in any jurisdiction and the information contained herein in no way should be construed or interpreted as such. No securities commission or other regulatory authority in Canada, the United States, or any other country or jurisdiction has in any way passed upon this information and no representation or warranty is made by Imagin Medical to that effect. The information on this Site should not be used for the purpose of making investment decisions concerning Imagin securities. Printed copies of public disclosure documents may be obtained directly from Imagin.

The copyright in all material on this Site is held or used by permission by us. The contents of this Site are provided for informational purposes only and may not, in any form or by any means, be copied or reproduced, summarized, distributed, modified, transmitted, revised or commercially exploited without our prior written permission.

You understand that all information within the Site may be protected by intellectual property rights which are owned by us. You may not use, copy, modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part).

You acknowledge and agree that we own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the content and Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Nothing in these Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.   You agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

EXTERNAL DATA LIMITATIONS

Imagin, its affiliates and third party providers are not responsible for any errors or omissions in the information contained on or accessed through this Site. All such information in this Site is provided “as is”. Imagin, its affiliates and third party providers make no warranties or representations and disclaim all express, implied and statutory warranties of any kind to the user and any third party, including, but not limited to, any warranties of accuracy, timeliness, completeness, merchantability, non-infringement and fitness for any particular purpose.

Except for claims that cannot be excluded by the applicable local law, Imagin, its affiliates and third party providers shall not have any liability, including but not limited to, tort, contract or any other liability to user or any third party arising as a result of use of or access to this Site.

Imagin, its affiliates or third party providers shall not be liable to any user or any third party for lost profits or lost opportunity, direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Imagin, its affiliates or third party providers have been advised of the possibility of such damages.

Some jurisdictions do not allow for the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be applicable laws which supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority in each jurisdiction shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer. Imagin reserves the right to amend the Site and related documents at its discretion

OTHER

The owners of this Site are based in Vancouver, British Columbia, Canada. The Terms, and your relationship with us under the Terms, shall be governed by the laws of the Province of British Columbia without regard to its conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction of the courts located within the Vancouver registry to resolve any legal matter arising from the Terms. Your use of this Site does not subject us to the jurisdiction of courts in, or the laws of, any other jurisdiction. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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