Terms of Use

Updated: 2016.09.05 

Welcome to www.yourvantagenow.com or www.yvnow.com

WHAT FOLLOWS IS AN AGREEMENT RELATING TO THE USE OF THE TAKEDA YOUR VANTAGE SUPPORT PROGRAM™ “ON-LINE PATIENT ENROLMENT TOOL AND HEALTH CARE PROVIDER UPDATE TOOL”.  PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

These terms of use (the “Terms of Use”) are a binding agreement between Takeda Canada Inc. and You (“You”), the user of the Takeda Your Vantage on-line patient enrolment tool and the health care provider update tool (collectively, the “Service”). These Terms of Use govern Your use of the Service, including: the on-line patient enrolment health care provider update; reimbursement tools; content, such as text, patient information, and other information provided by users in using the Service; other services and elements (collectively, the “Elements”), and all information stored on and made available through the Service (“Content”).

The Service and Elements are owned and operated by meshMD Inc., under license to Takeda Canada Inc. (collectively, the “Service Provider”). The Service and Content are designed to comply with Canadian laws and regulations. By clicking the REGISTER button on the registration page, You signify that You have read, understood, and agree to be bound by these Terms of Use. The Service Provider reserves the right, at the Service Provider’s sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time by posting the changes to these Terms of Use on this webpage and will indicate at the top of these Terms of Use the date these Terms of Use were last revised. Your continued use of the Service, Elements or Content after any such changes constitutes Your acceptance of the new Terms of Use; if You do not agree to abide by these, or any future, Terms of Use, do not use or access (or continue to use or access) the Service. It is Your responsibility to regularly check the Service and this webpage to determine if there have been changes to these Terms of Use and to review such changes.

1. REGISTRATION

In consideration of using the Service, You agree to: (a) provide to the Service Provider accurate, current and complete information as may be prompted by any registration forms on the Service (“Registration Data”); (b) maintain the security of Your  password and any identification provided by You through Your registration for the Service; (c) maintain the accuracy and completeness of the Registration Data, and any other information, You provide to the Service and the Service Provider, and keep it accurate, current and complete; and (d) be fully responsible for all use of Your account (as described below) and for any actions that take place using Your account whether by You or a third party.

To use any Elements, the Content or the Service, You must: (a) be a registered healthcare provider in any province in Canada and licensed to practice medicine, nursing, pharmacy, or medical support or administrative staff as the case may be (an HCP); (b) be a registered member participant of www.yourvantagenow.com and (c) be a resident in one of the ten (10) Canadian Provinces, or three (3) Canadian Territories. Prior to using this Service, You must register to open a Service account by providing to the Service Provider confirmation of (a) & (c), above, and all of the following, as may be applicable: (i) Registration Data that includes Your name and Your mailing address; (ii) if a You are a physician licensure, the jurisdictions in which You are licensed, if any; (iv) Your medical license number, if You are a physician, and (v) other confirmatory information that may be requested by the Service Provider. By submitting the foregoing information, You represent and warrant that all such information is true, complete and accurate and authorize the Service Provider to confirm the truthfulness and accuracy of such information. By providing such information, You consent to the Service Provider’s collection and use of such information in accordance with the Privacy Policy (as defined herein). Once Your registration is complete, You will be prompted to set up Your password. At which point, the Service Provider will open an account for You through which you can access and use the Service.  You may cancel Your account at any time in accordance with the Service Provider’s cancellation procedure by contacting the Service Provider at support at yourvantagenow dot com in accordance with these Terms of Use or as otherwise described on the Service.

2. OWNERSHIP OF THE SERVICE AND TRADEMARKS, AND OWNERSHIP AND USE OF USER CONTENT

Service and Trademarks:

All intellectual property rights in and to the Service, the Content, and the Elements (including copyrights, trademarks, trade secrets, trade dress and patents) are the property of the Service Provider or the Service Provider’s licensors.  Subject to the terms hereof, the Service Provider, and its licensors, retain all copyrights in and to all Content and the individual pages, and their components, and collective works available on the Service. The Elements are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without the Service Provider's prior written permission. “Takeda Your Vantage” logos, marks and trademarks, are the property of Takeda Canada Inc. All other names, marks, and trademarks on the Service are the property of their respective holders. The display of any such marks or names does not imply that a license has been granted to You to use or display such marks or names.

User Content:

You are solely responsible for any feedback (including any ideas, recommendations, corrections or suggestions regarding the Content, the Elements of the Service), profiles, messages, data, notes, text, information, Registration Data, images, text, and other content (which may include personal information or other information about an identifiable individual) that You upload, post, transmit, share or publish (“Post”) on or through the Service, or transmit to or share with other users of the Service, including information related to Your patients and personnel, (collectively the “User Content”). You may not Post User Content on the Service that You did not create, that You do not have permission to post, or in which You do not have the rights to grant to the Service Provider the rights contemplated in these Terms of Use.  When You Post User Content, You are consenting to (or promising to the Service Provider that You have obtained appropriate consent for) the Service Provider’s collection and use of personal information in accordance with the Privacy Policy (as defined herein) and Applicable Law. You understand and agree that the Service Provider may, but is not obligated to, review any User Content and may delete or remove (without notice) any Content or User Content in its sole discretion, for any reason or no reason. You are solely responsible at Your sole cost and expense for creating backup copies and replacing any User Content You Post to, or store on, the Service.  You acknowledge and agree that User Content may be transferred unencrypted over various networks both within and outside of Canada, and may be transferred, processed and stored outside of Canada. As such, You acknowledge and agree that Your User Content may, as required by laws of those jurisdictions, be subject to disclosure and use that differs from that described in the Privacy Policy.

3. USE LICENSE

When You register to use the Service, the Service Provider grants to You a limited, revocable, personal license to access and use the Service, the Elements and the Content solely in connection with Your medical practice or Your medical research, as the case may be, subject to Your compliance with these Terms of Use and the following restrictions: You may not: (a) modify the Content, the Elements or any part of the Service or use any of them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Content, the Elements or any part of the Service; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Content or the Elements; (d) transfer, sublicense, or grant access to the Service to another person or entity in any manner inconsistent with these Terms of Use and the Service Provider’s current policies; (e) permit or allow any unauthorized copying of the Content, the Elements or other information on the Service other than Your own User Content and/or (f) provide Your account log-in information to another person, corporation or entity.

4. TERMINATION OF THIS USE LICENSE

The Service Provider may at any time, for any reason or for no reason, without notice to You, remove, delete or destroy all data and User Content related to Your account, or suspend or terminate Your right to access or use the Service.

5. USER CONDUCT

You understand that the Service, the Elements, and the Content are available for Your use in connection with Your medical practice or your medical research, as the case may be. You represent, warrant and covenant to the Service Provider that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Service: violates, will violate, infringes, or will infringe upon the rights of any third party, including copyright, trademarks, privacy rights, publicity rights or other personal or proprietary rights and/or or contains libelous, defamatory or otherwise unlawful material.

You agree not to: (a) use the Service in any manner that could damage, disable, overburden or impair the Service; (b) use automated scripts of any kind to collect information or any other purpose, from or otherwise interact with the Service except as described in these Terms of Use; (c) Post, store or otherwise make available through the Service any content other than that which You have the right to Post; (d) register for more than one (1) account, register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any organization, group or non-individual; (e) impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age, Your profession or Your affiliation with any person or entity; (f) Post, share, store or otherwise make available on the Service any personal or private information of any patient or third party without consent, including any: name, address, phone number, email address, Social Insurance Number or provincial health insurance card number; (g) Post or otherwise make available through the Service any material that contains software viruses or any other computer code, scripts, files or programs or files designed to interrupt, disable, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment; (h) Post, store or otherwise make available through the Service content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, federal or international law (“Applicable Laws”); (i) use or attempt to use another's account or create a false identity on, or to register for, the Service and/or (j) Post, store or otherwise make available content that, in the sole judgment of the Service Provider, is objectionable or which may expose the Service Provider or Service users to any harm or liability of any type.

6. SERVICE SECURITY

You require a valid, working e-mail address and a password, in order to access and use the Elements and the Service. Certain Elements or functionalities of the Service may require additional access codes that the Service provider may provide to You in its discretion or as otherwise agreed to by You and the Service Provider. You are solely responsible for (a) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, “IDs”) provided by the User and then assigned to the User’s account  by the Service Provider in connection with the Service, (b) not allowing another person to use Your account or IDs to access the Service, (c) any damages or losses that may be incurred or suffered by the Service Provider or any third party as a result of Your failure to maintain the strict confidentiality of Your IDs, and (d) promptly informing the Service Provider in writing of any potential or actual security concerns regarding Your IDs. The Service Provider is not liable for any harm related to the theft of Your IDs, Your disclosure of Your account or ID, or Your authorization to allow another person or entity to access and use the Service using Your ID. You agree to immediately notify the Service Provider in writing of any unauthorized use of Your ID or Your account.

7. MEDICAL DISCLAIMERS

The Elements and Content made available through the Service are for organizational and informational purposes only. You assume full responsibility for the use of any Content or User Content and agree that the Service Provider is not responsible or liable for any claim, loss, or damage arising from Your use of such Content or User Content. The Service Provider does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions or other information that may be mentioned or referred to on the Service. Your reliance upon the Content, the Elements or the Service obtained or used by You, at or through this Service, is solely AT YOUR OWN RISK.

8. PATIENT CONFIDENTIALITY

The Elements and the Service may enable you to transmit, store, review or receive confidential and personal information about individual patients (“Patient Information”). The Service Provider has the authority and necessary consents to provide this information to You in accordance with Applicable Law. Applicable Laws, as well as ethical and licensure requirements of Your profession, may impose obligations on You with respect to patient confidentiality that may limit Your ability and the ability of physicians, health care providers, and persons acting on Your behalf, to make use of certain Elements or to transmit, store, review or receive certain information, including Patient Information, to third parties. You represent, warrant and covenant that You will, at all times during the term of these Terms of Use and thereafter, comply with all Applicable Laws and professional requirements directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws and professional requirements. You are, at all times during the term of these Terms of Use and thereafter, solely responsible for obtaining and maintaining all patient consents required under Applicable Laws, and all other consents or permissions required under Applicable Laws, or advisable, to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Service and the Elements. You agree that the Service Provider and the Service Provider’s licensors and licensees, and all other persons or entities involved in the operation of the Service, have the right to monitor, retrieve and store Patient Information in connection with the operation or use of the Service, and in doing so are acting on your behalf. THE SERVICE PROVIDER CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SERVICE AND THE MATERIALS ON THE SERVICE. THE SERVICE PROVIDER RESERVES THE RIGHT TO AMEND OR DELETE ANY CONTENT OR USER CONTENT AND/OR TO SUSPEND OR CANCEL YOUR ACCOUNT OR RESTRICT YOUR ACCESS TO THE SERVICE IF, IN THE SERVICE PROVIDER’S SOLE DISCRETION, YOU VIOLATE THE ABOVE.

9. GENERAL DISCLAIMERS

THE ELEMENTS, THE CONTENT, AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED CONDITION OR WARRANTY OF ANY KIND INCLUDING WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, WARRANTIES OR CONDITIONS OF FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES OR CONDITIONS ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL THE SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, LICENSORS, LICENSEES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OWNERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (a) YOUR USE OR INABILITY TO USE THE ELEMENTS, THE CONTENT, OR THE SERVICE, OR (b) YOUR RELIANCE ON THE CONTENT AND ELEMENTS, OR (c) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR SECURITY BREACHES IN THE ELEMENTS, THE CONTENT OR THE SERVICE, OR (d) ANY OTHER FAILURE TO PERFORM OBLIGATIONS UNDER THESE TERMS OF USE BY THE SERVICE PROVIDER. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ELEMENTS AND THE CONTENT (a) WILL BE UNINTERRUPTED OR ERROR-FREE, OR (b) IS FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR (c) IS SECURE, OR (d) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICE.

The Service Provider does not warrant the accuracy or completeness of the Content or information, text, graphics, links or other items contained within the Elements. The Service Provider may make changes to the Elements, or to the Service described therein, at any time without notice. The Service Provider makes no commitment to update the Elements or the Content.

10. LIMITATION OF LIABILITY

IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS OF USE, THE SERVICE PROVIDER SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND THE SERVICE PROVIDER AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF CAD$200.00. YOU AND THE SERVICE PROVIDER AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND THE SERVICE PROVIDER. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, THE SERVICE PROVIDER WOULD NOT PROVIDE THE SERVICE TO YOU.

Because some jurisdictions may not permit each of the foregoing disclaimers and limitations, the above limitations and disclaimer of warranties and conditions may not apply to You.

11. INDEMNITY

You agree to defend, indemnify and hold the Service Provider, its parents, subsidiaries, licensors, licensees, affiliates and their respective members, directors, officers, employees, owners and agents harmless against any losses, expenses, costs or damages (including reasonable legal fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (a) Your breach of these Terms of Use, (b) Your unauthorized or unlawful use of the Service, the Content or the Elements, (c) the unauthorized or unlawful use of the Service, the Elements, or the Content by any other person using Your ID or account, and (d) any and all liability, including third party claims, actions or suits, actual or threatened, that might arise from Your use of the Service, the Elements or the Content and the resulting opinions, statements, perspective and medical and non-medical advice.

12. USER SUBMISSIONS

Public information:

Unless otherwise agreed to by the Service Provider in writing prior to submission, any User Content that is not Patient Information that You transmit or Post to the Service will be considered non-confidential and non-proprietary (“Public Communications”). The Service Provider will have no obligations with respect to the Public Communications. The Service Provider and its designees will, without payment of any kind to You whatsoever, be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Public Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by Applicable Law, including for developing, manufacturing, and marketing products and services incorporating such information, for providing the Service, and for facilitating the security of the Service. You acknowledge that the Service Provider may retain archived copies of Your Public Communications even after You delete them from the Service. By providing such Public Communications You transfer and assign to Takeda Canada Inc. all right, title and interest, including all copyright and other intellectual property rights, in and to such Public Communications without payment of any kind, and You waive, in favour of Takeda Canada Inc., Your moral rights under Canada’s Copyright Act or any successor legislation or similar law under the laws of Canada or the laws of other countries that You, as author, have or may in such Public Communications.

Patient Information:

The Service Provider will use commercially reasonable efforts to maintain Patient Information in a secure and encrypted environment within the Service.  Patient Information will only be accessible by the user that entered it and by an HCP within the medical clinic that is the same as that of the user.  In no event will the Service Provider copy, disclose, sell, distribute, perform, incorporate or otherwise use the Patient Information except to provide the Service and to facilitate the security of the Service and protect the security of the Patient Information during the term of these Terms of Use.

13. COOPERATION WITH GOVERNMENT AUTHORITIES

If necessary under, and in accordance with, Applicable Law, You shall at the request of the Service Provider cooperate with local, provincial, state, federal, international and/or worldwide government authorities to protect the Service, and the Service Provider and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, and to prevent unauthorized access to and use of this Service.

14. LINKS TO OTHER MATERIALS

Links to third party websites provided on the Service are not necessarily under the control of the Service Provider and the Service Provider is not responsible for, nor does it monitor, the content of any linked site or any link contained in a linked site. Your access of any third party website is not governed by these Terms of Use or the Privacy Policy (as defined herein), and may be governed by such third party’s terms of use for such website. The Service Provider reserves the right to terminate any link or linking program at any time. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party websites linked to this Service, You do this entirely AT YOUR OWN RISK.

15. APPLICABLE LAWS

The Service is controlled by the Service Provider from its offices in the Province of Ontario, Canada. The Service Provider makes no representation that the Content, Elements or the Service are appropriate or available for use in other locations, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The laws of the Province of Ontario, Canada and the federal laws applicable therein shall govern any claim relating to these Terms of Use.

16. DISPUTE RESOLUTION

Any dispute between the Service Provider and You arising out of these Terms of Use shall be resolved first by direct communication between You and one (1) or more of the Service Provider's management team members. Should the Service Provider and You be unable to resolve the dispute by such communication and both You and the Service Provider jointly agree to do so, the Service Provider or You may submit any dispute arising out of or relating to these Terms of Use, or the breach thereof, firstly to mediation, and if that does not resolve the dispute then to final and binding arbitration, administered by a single member of the Arbitration and Mediation Institute of Ontario in accordance with the rules thereof, such mediation and arbitration to be conducted in Toronto, Ontario in the English language. The arbitrator shall fully implement the intent and purposes of these Terms of Use and may award damages, costs and expenses against any of the parties hereto which awards may be entered and enforced by any court having complete jurisdiction (including costs of arbitration and reasonable legal fees).

17. ENTIRE AGREEMENT

The Terms of Use, including Takeda Canada Inc.’s Privacy Policy available online at yourvantagenow.com/privacy (which is hereby incorporated into these Terms of Use, and which may be updated by the Service Provider from time to time) (the “Privacy Policy”),  any other Service Provider policy which is incorporated herein by this reference, contains the entire agreement between You and the Service Provider relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (a) any purchase order or similar form originated by You relating to the subject matter hereof, or (b) statements of any of the Service Provider's employees.

18. TERMINATION

Your right to access and use the Service, the Content and/or Elements immediately terminate without further notice upon Your breach of these Terms of Use. The Service Provider may terminate these Terms of Use and/or Your right to use the Service at any time, with or without cause without notice to You. These Terms of Use survive the expiration or termination of Your right to access the Service. The Service Provider reserves the right to discontinue or make changes to the Service, the Content and/or Elements at any time.

19. ASSIGNMENT

The Service Provider may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign Your rights under these Terms of Use without the Service Provider's prior written permission. Any attempt by You to assign Your rights under these Terms of Use without the Service Provider's permission shall be void.

20. WAIVER OF BREACH

Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use.

21. FORCE MAJEURE

The Service Provider shall not be liable for any failure or unavailability of the Service, the Content and/or the Elements or failure by the Service Provider to perform any of its obligations hereunder as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, telecommunications and Internet outages, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Service Provider's control.

22. NOTICE

The Service Provider may deliver notice to You under these Terms of Use by means of electronic mail, a general notice posted on http://www.yourvantagenow.com or by written communication delivered by Canada Post to Your address on record in Service Provider's account information for You. You may give notice to the Service Provider at any time via electronic mail to support at yourvantagenow dot com, or by written communication to Takeda Canada Inc. at 2201 Bristol Circle, Suite 700, Oakville, Ontario L6H 0J8.

If You object to any material found on the Service, for any reason whatsoever, including because such material allegedly infringes Your copyright, please bring Your concerns to the attention of the Service Provider by notice in accordance with this Section 23.

23. HEADINGS AND INTERPRETATIONS

The headings of articles and sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use. All use of the words “including” or “include” in these Terms of Use shall mean “including, without limitation”.

24. INVALIDITY

If any provision of these Terms of Use shall be held, deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any Applicable Law, or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

25. LANGUAGE

It is the express wish of the parties to these Terms of Use that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

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