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TERMS OF USE

EFFECTIVE AS OF March, 31st 2017

PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OWNED AND OPERATED BY MERCK CANADA INC., A SUBSIDIARY OF MERCK SHARP & DOHME CORP., KENILWORTH, NJ, USA (“Merck”). By using this Web site, you agree to this Terms of Use Agreement. If you do not agree, please exit and disregard the information contained herein.

Merck Connect is an online portal for Canadian healthcare professionals. This Web site is controlled and operated by Merck from Kirkland, Quebec and its content is designed to comply with Canadian laws and regulations. This site and these terms shall be governed by the laws of Quebec and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws.

1. Acceptance.

By using this Web site, you confirm that you are a duly licensed Canadian healthcare professional and agree to be bound by and to comply with this Terms of Use Agreement. Merck reserves the right to change these terms from time to time, as it deems to be necessary. We will always post notice of those changes, and the date that they become effective, within the current Terms of Use Agreement on the Web site. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this Web site.

2. Scope.

The terms of use set forth in this agreement apply only to your use of this Web site. Merck operates other Web sites that are covered by their own conditions as specified within those Web sites.

3. Description of Services.

This Web site may include many types of services and information for healthcare professionals including, but not limited to, promotional, non-promotional and educational information about Merck products and therapy areas, and access to webcasts. All information contained within the Web site is intended only for duly licensed healthcare professionals in Canada and should only be shared with other duly licensed Canadian healthcare professionals with whom the healthcare professional has a relationship when using the “Share” functionality provided on the Web site. The information contained within this Web site is for informational and advisory purposes only and in no way intended to serve as a substitute for professional medical advice or your own sound medical and clinical judgment or individualized patient care. As a healthcare professional, you should use your own professional judgment in evaluating the information provided within this Web site. We also recommend that you consult with other professional sources and references prior to making any evaluation or treatment decisions.

4. Ownership.

Material on this Web site, including but not limited to text, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Merck, and Merck does not represent or warrant that such material does not infringe the rights of any other person or entity. Trademarks and logos (collectively, "Marks") displayed on this Web site are registered or unregistered Marks of Merck or others, are the property of their respective owners, and may not be used without written permission of Merck or of the owner of such Marks respectively. Any information or material contained on this Web site which may be reproduced pursuant to these terms or in compliance with the instructions given on the Web site must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.

5. Representation.

As a user of this Web site, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your professional license number and your professional representation, if applicable. Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Web site, such information shall be deemed to be non-confidential, unless as may be required under applicable law, and Merck shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. You also warrant that any information or material including ideas, concepts, know-how or techniques contained in this information which you provide to Merck electronically through your access to or usage of this Web site does not infringe the rights of any person or entity. Merck shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

6. Privacy.

Please refer to the Merck Privacy Policy for information on how the company protects your personal information. If you wish to cancel your registration to this Web site or any other Merck’s Web site, contact our Help Desk at
Email: infocanada@merck.com

7. Third Party Content and Links to Other Web sites.

This Web site or other Merck Internet Web sites to which Merck.ca links may contain information brought to you by third parties. This Web site may also provide links to other Internet Web sites. Merck assumes no responsibility for information provided by third parties or the content of other web sites to which Merck provides links. Merck does not review or control the content of any non-Merck site. Merck does not endorse and is not responsible for the accuracy, content, practice of standards of any non-Merck sources. Any links to other sites are provided merely as a convenience to the users of this Web site. Those Internet Web sites are governed by their own terms of use displayed on the respective web sites.

8. Disclaimer of Warranties and Limitation of Liability.

Merck has taken reasonable measures to ensure that the information contained within this Web site is reliable; however, by using this Web site, you accept the information, products and services provided herein “AS IS.” Merck makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this Web site. Merck may not, under any circumstances, be held responsible for any damage directly or indirectly related to the use of this Web site and/or its content.

9. Consequences.

MERCK reserves the right to suspend or terminate your account if you breach the terms of this agreement. If your violation of the Terms of Use Agreement causes harm to others, you agree to indemnify and hold Merck harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of this Web site, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the jurisdiction of the courts of Quebec.