Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Article 1 – Application area and definitions

1.1 These are the Terms and Conditions of Cardioventis Inc, established at the 2 Toronto Street,Suite 347,Toronto,ON M5C 2B5 as a company under company act of CANADA, hereinafter called “Cardioventis”.

1.2 HeartStaple is a brand name of Cardioventis Inc.

1.3 The Terms and Conditions in question are applicable to all transactions that Cardioventis enters into with third parties under the brand name Heart Staple. They have precedence over all other Terms and Conditions from third parties, such as partners, clients or suppliers, and over HeartStaple own general terms and conditions. Unless stipulated and defined otherwise, the third party renounces his or her general conditions.

1.4 Through the simple fact of entering into an agreement with Cardioventis, the other party declares (a) to have become acquainted with these Terms and Conditions, (b) to expressly agree with them and © to be bound by them.

1.5 These Terms and Conditions can only be deviated from by means of explicit clauses in agreement with third parties.

1.6 Cardioventis maintains the right to modify these Terms and Conditions at any time and without notice.

1.7 For these Terms and Conditions “Licensee” is defined as any person or organization, be it public, governmental or private, that makes use of the Product in any way or by any means.

1.8 For these Terms and Conditions “Product” is defined as any language version of the Cardioventis courseware and its accompanying files, data, graphical objects, navigation structure and any other related materials, their accompanying user documentation (“Documentation”) and other supplementary materials as provided to Licensee by Cardioventis, including but not limited to any product security keys, modifications or additions relating thereto. For purposes of this License Agreement, “Product” shall also include any new releases, updates, revisions, modifications, additions and corrections of the Product. This License Agreement does not grant Licensee the right to any new releases, updates, revisions, modifications, additions, corrections and fixes of the Product.

Article 2-Copyright

2.1 The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cardioventis Inc. The collective work includes works that are licensed to Cardioventis Inc. Copyright 2010, Cardioventis Inc ALL RIGHTS RESERVED.

2.2 Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Cardioventis Inc or purchasing Cardioventis Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Cardioventis Inc or to purchase Cardioventis Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Cardioventis Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Article 3-Trademarks

All trademarks, service marks and trade names of Heart Staple,Heart Staple Plus and Cardioventis Inc used in the site are trademarks or registered trademarks of Cardioventis Inc

Article 4- Warranty Disclaimer

4.1 This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Cardioventis Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

4.2 Cardioventis Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cardioventis Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Article 5- Limitation of Liability

5.1 Cardioventis Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Cardioventis Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Article 6-Typographical Errors

6.1 In the event that a Cardioventis Inc product is mistakenly listed at an incorrect price, Cardioventis Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cardioventis Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cardioventis Inc shall issue a credit to your credit card account in the amount of the incorrect price.

Article 7-Term; Termination

7.1 These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Cardioventis Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Article 8-Notice

8.1Cardioventis Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Cardioventis Inc.

Article 9-Miscellaneous

9.1 Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canadaa, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Cardioventis Inc products) shall be in the state or federal courts located in City of Toronto,Province of Ontario, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Cardioventis Inc products) must be commenced within one (1) year after the claim or cause of action arises. Cardioventis Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cardioventis Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.

9.2 Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Cardioventis Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

9.3 Participation Disclaimer Cardioventis Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Cardioventis Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Cardioventis Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, © in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Cardioventis Inc in its sole discretion.

9.4 Indemnification-You agree to indemnify, defend, and hold harmless Cardioventis Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

9.5 Third-Party Links -In an attempt to provide increased value to our visitors, Cardioventis Inc may link to sites operated by third parties. However, even if the third party is affiliated with Cardioventis Inc, Cardioventis Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cardioventis Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Cardioventis Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

9.6 This License Agreement is the complete and exclusive statement of agreement between the parties relating to the license for the Product and supersedes all proposals, communications, purchase orders, and prior agreements, verbal or written, between the parties. No employee, agent, or representative of Instruxion has the authority to bind Instruxion to any oral representation or warranty concerning the Product. No representation or statement not expressly contained in this License Agreement nor any supplement, modification, or amendment of this License Agreement will be binding on either party unless executed in writing by a duly authorized representative of each party to this License Agreement.

9.7 Any waiver by Instruxion of any violation of this License by Licensee shall not constitute, nor contribute to, a waiver by Instruxion of any other or future violation by Licensee of the same provision, or any other provision, of this License.

9.8 If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.

Modified on March 16,2010.