Terms of Use

Effective date: September 20, 2026
Last updated: September 20, 2026

These Terms of Use (these “Terms”) govern your access to and use of https://www.biomarkdiagnostics.com and other websites, pages, and online materials operated by BioMark Diagnostics Inc. that link to these Terms (collectively, the “Website”).

The Website is operated by:

BioMark Diagnostics Inc. (“BioMark,” “we,” “us,” or “our”)
145 – 10541 Shellbridge Way
Richmond, BC V6X 2W8
Canada
Tel: 1 604 370 0779
Email: info@biomarkdiagnostics.com

By accessing or using the Website, you agree to these Terms and to our Privacy Policy and Cookie Notice. If you do not agree, do not use the Website.

1. Informational use only — not medical advice

The Website is for general information about BioMark, our science, and our business. Content on the Website:

  • is not medical advice, a diagnosis, a treatment recommendation, or a second opinion;
  • does not create a physician–patient, laboratory–patient, or other clinical relationship;
  • does not order a test or report a result; and
  • is not a substitute for consultation with a qualified health professional.

Always seek the advice of a physician or other qualified provider with any questions about a medical condition or test. Do not disregard professional advice or delay seeking it because of something you read on the Website. In an emergency, call local emergency services.

Our tests and technologies may be in development, offered only in certain jurisdictions, or available only through licensed clinicians or laboratories. Availability, indications, and regulatory status can change. Nothing on the Website is an offer to sell a test where that would be unlawful.

2. Who may use the Website

The Website is intended for adults and for professional audiences (clinicians, researchers, partners, investors, and media). You must be at least the age of majority in your jurisdiction. You may not use the Website if doing so would violate applicable law.

If you use the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

3. Forward-looking and investor information

The Website may include press releases, presentations, and other statements that are forward-looking within the meaning of Canadian and other securities laws. Actual results may differ. Past performance is not a guarantee of future results.

Information on the Website is not an offer to sell or a solicitation to buy securities. Offers are made only by documents filed with securities regulators, including SEDAR+ and other official channels. You should not rely on the Website alone for investment decisions.

4. Intellectual property

The Website and its contents — including text, graphics, logos, icons, images, video, software, page layout, and compilation — are owned by BioMark or our licensors and are protected by copyright, trademark, and other laws.

“BioMark,” related logos, and product or platform names are trademarks or trade names of BioMark Diagnostics Inc. or its affiliates. Third-party names are the property of their owners.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Website for your personal or internal professional use. You may not:

  • copy, scrape, republish, sell, or commercially exploit Website content without our prior written consent;
  • modify or create derivative works from the Website;
  • remove proprietary notices; or
  • use our marks in a way that suggests sponsorship or endorsement without permission.

Scientific publications, posters, and papers we link to remain subject to the publisher’s or author’s terms.

5. Your submissions

If you send ideas, comments, or materials through a form, email, or other channel (“Submissions”), you grant BioMark a worldwide, royalty-free, perpetual licence to use, reproduce, adapt, and share those Submissions to operate our business and respond to you, subject to our Privacy Policy and applicable law.

Do not send confidential invention disclosures through the public Website if you wish to preserve patent or trade-secret rights. Do not send PHI or detailed medical records through general Website forms.

You represent that your Submissions are accurate, lawful, and do not infringe anyone else’s rights.

6. Acceptable use

You agree not to:

  • use the Website in any way that is unlawful, fraudulent, or harmful;
  • attempt to gain unauthorized access to the Website, servers, or related systems;
  • probe, scan, or overload the Website (including denial-of-service activity);
  • use bots, scrapers, or automated means except for public search-engine indexing that respects robots.txt;
  • introduce malware or harmful code;
  • impersonate BioMark, our staff, or any other person;
  • post or transmit defamatory, obscene, or infringing content; or
  • interfere with anyone else’s use of the Website.

We may suspend or block access if we believe these Terms have been violated or if we need to protect the Website, our users, or our business.

7. Third-party links and tools

The Website may link to SEDAR+, stock exchanges, journals, partners, social networks, or other third-party sites. We do not control those sites and are not responsible for their content, availability, or practices. Accessing them is at your own risk and subject to their terms and privacy policies.

8. Privacy and cookies

Our collection and use of personal information is described in the Privacy Policy, Cookie Notice, Consumer Health Data Privacy Policy, and, when applicable, the HIPAA Notice of Privacy Practices.

9. Disclaimer of warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOMARK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that content is complete, current, or suitable for any particular purpose. Scientific and regulatory information can become out of date.

Some jurisdictions do not allow certain warranty exclusions. In those places, the exclusion applies only to the extent permitted.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOMARK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud or for death or personal injury caused by negligence where that cannot be limited.

The Website is a free corporate information service. The limitations above are a reasonable allocation of risk.

11. Indemnity

You agree to indemnify and hold harmless BioMark and its directors, officers, employees, and affiliates from claims, damages, losses, and reasonable legal fees arising out of your use of the Website, your Submissions, or your violation of these Terms or of any law or third-party right.

12. Changes to the Website and to these Terms

We may change, suspend, or discontinue any part of the Website at any time. We may update these Terms from time to time. The “Last updated” date will change when we do. The current version will be posted on this page. Continued use of the Website after an update constitutes acceptance of the revised Terms, except where the law requires additional consent.

13. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-law rules.

You agree that the courts of British Columbia, sitting in Vancouver, have exclusive jurisdiction over disputes arising out of or relating to the Website or these Terms, except that BioMark may seek injunctive relief in any jurisdiction to protect its intellectual property or confidential information.

If you are a consumer in a jurisdiction that does not allow this choice of forum or law, the mandatory protections of your home jurisdiction still apply.

14. General

These Terms, together with the notices listed in Section 8, are the entire agreement between you and BioMark regarding the Website. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in connection with a corporate transaction. Headings are for convenience only.

15. Contact

Questions about these Terms:

BioMark Diagnostics Inc.
Attention: Legal / Website Terms
145 – 10541 Shellbridge Way
Richmond, BC V6X 2W8
Canada
Email: info@biomarkdiagnostics.com
Tel: 1 604 370 0779

Please put “Terms of Use” in the subject line.

Related BioMark notices