BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
PLEASE READ CAREFULLY!
I, the undersigned, ("I" or "me") wish to access certain software created and owned by 16381065 Canada Inc. (dba Xpress Select), a company incorporated pursuant to the laws of Canada ("Xpress Select"), which is a software solution to assist pharmacists in recommending over-the-counter ("OTC") products efficiently and to allow patients to input their symptoms and receive personalized OTC product recommendations based on pre-configured algorithms (the "Software").
As lawful consideration for my access to and use of the Software, I hereby acknowledge and agree to the following terms and conditions set forth in this Disclaimer and Waiver of Liability (the "Waiver"):
The recommendations provided by the Software are for informational purposes only and should not be considered as medical advice. The Software is designed to assist with OTC product recommendations based on the symptoms and medical history I provide.
I understand that there may be risks associated with the use of any OTC products, including but not limited to allergic reactions, interactions with other medications, or exacerbation of pre-existing medical conditions. By using the Software, I assume all risks related to the use of the recommended products. NOTWITHSTANDING THE RISKS ASSOCIATED WITH MY ACCESS AND USE OF THE SOFTWARE, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING AND USING THE SOFTWARE WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, OR DEATH ARISING FROM MY ACCESS AND USE OF THE SOFTWARE, WHETHER CAUSED BY THE NEGLIGENCE OF XPRESS SELECT OR OTHERWISE.
Xpress Select does not guarantee any specific outcome or results from the use of its recommendations. I understand that individual responses to OTC products may vary, and the effectiveness of any product is not guaranteed.
I acknowledge that I should consult with a qualified healthcare professional before starting any new treatment, medication, or if I have any questions about my health or medical conditions. The recommendations provided by the Software do not substitute for professional medical advice, diagnosis, or treatment.
I hereby release, waive, and discharge any and all claims which I have or may in the future have against Xpress Select, its officers, directors, employees, and agents (collectively, the "Releasees"):
I agree to defend, indemnify, and hold harmless Xpress Select and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, fees, and the costs of enforcing any right to indemnification under this Waiver, and the cost of pursuing any insurance providers, incurred by Xpress Select or any other Releasees arising out or resulting from any claim of a third party related to my access or use of the Software.
All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
This Waiver constitutes the sole and entire agreement of Xpress Select and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
If any term or provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Waiver is binding on and shall inure to the benefit of Xpress Select and me and our respective successors and assigns.
BY CLICKING THE 'I AGREE' BOX, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE XPRESS SELECT AND THE RELEASEES.