Last Updated: April 25, 2024
Boehringer
Ingelheim
Terms
of Use
The following terms and conditions,
together with any documents expressly incorporated by reference herein
(collectively, “Terms of Use”), apply to your use of the websites and
web-based and mobile applications upon which these Terms of Use reside
(collectively, the "Site"). The Site is owned or controlled by
Boehringer Ingelheim Pharmaceuticals, Inc. or its affiliates (collectively, “Boehringer,”
“we,” “us,” or “our”). For purposes of these Terms of Use,
“affiliates” means any entity or person, directly or indirectly, owning
a controlling interest in, owned by, or under common ownership control with, Boehringer.
These Terms of Use constitute a legally binding agreement between you, the
person using the Site (“you” or “your”), and Boehringer. If you are entering into
these terms on behalf of an entity, you hereby represent and warrant that you
have the requisite authority to bind such entity.
We are committed to protecting the
privacy and security of your information. Please review our Privacy
Statement, which
is incorporated into these Terms of Use by reference, for additional
information about our privacy practices and principles.
Please read these Terms of Use
carefully before using this Site. BY
ACCESSING THIS SITE IN ANY WAY, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE
AND ALL APPLICABLE LAWS AND REGULATIONS. THESE TERMS OF USE CONTAIN
DISCLAIMERS OF WARRANTIES AND LIABILITY, A MANDATORY INDIVIDUAL ARBITRATION
PROVISION, AND A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE
TERMS OF USE, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
Health and Medical Service Disclaimer
Our Site may contain from time-to-time
information related to various health, medical and fitness conditions and their
treatment (collectively, the “Content”). This Content is not intended to
be a substitute for the advice, treatment or recommendations of a health care
professional. You should always consult a physician for diagnosing and treating
a health or fitness problem, and before using any drug product discussed on
this Site. Boehringer is not engaged in rendering medical advice or services.
Your use of this Site does not create a doctor-patient relationship between
you and Boehringer. In the event of a medical emergency, please call emergency
services immediately.
The Content is presented in summary
form, is general in nature, and is provided for informational purposes only.
The Content is not intended in any way to be a substitute for professional
medical advice and should not be interpreted as treatment recommendations. Only
a physician who has had an opportunity to interact with the patient in person,
with access to the patient’s records and the opportunity to conduct appropriate
follow-up, can provide recommendations for treatment.
Eligibility to Use the Site
We do not permit individuals under 18
years of age to become registered users of the Site. By using the Site, you represent
and warrant that: (i) you are at least 18 years of
age; and (ii) you have the right, authority, and capacity to enter into and to
abide by the terms and conditions of these Terms of Use.
Accessing the Site and Account
Security
In order to access certain pages and features on our Site, you may be asked to register by creating a username and selecting a password. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.
You may not select or use as a username:
(i) a name of another person with the intent to
impersonate that person; or (ii) a name subject to any rights of a person other
than you without appropriate authorization. You are responsible for
safeguarding your username and password. If you believe that your password has
been compromised, lost, or stolen, or that someone may attempt to use your
account without your consent, promptly notify us.
Collection of Personal Data
You acknowledge and agree that the Site
collects Personal Data, as described in more detail in our Privacy
Statement. You
acknowledge and agree that We may collect, transmit, store, and use
your Personal Data to fulfill your requests or provide you with products,
services, or information related to the Site.
Indemnification
You agree to defend, indemnify, and
hold Boehringer and its affiliates, directors, officers, parents, subsidiaries,
employees, and agents harmless against any claims, demands, actions, damages or
other liabilities, including expenses and attorney’s fees, relating to your
violation of these Terms of Use, any applicable laws, or any other claim that
arises from or relates to your use of this Site. Boehringer reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with Boehringer in asserting any available defenses.
Disclaimer of Warranty
THE CONTENT OF THIS SITE IS PROVIDED
BY BOEHRINGER AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THESE
SITES IS FOR INFORMATIONAL PURPOSES ONLY. BOEHRINGER IS NOT OFFERING THIS SITE,
IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR
SALE, AND THESE WEB SITES ARE NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM
COMMERCIAL CODE. INSTEAD, THIS SITE IS PROVIDED FOR FREE.
THIS SITE AND THE CONTENT ARE
PROVIDED “AS IS.” BOEHRINGER, ITS PARENT COMPANY, ITS AFFILIATES, ITS
LICENSORS, AND ITS SUPPLIERS (THE “COVERED ENTITIES”), TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, THE COVERED ENTITIES MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF THE SITE OR ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF
THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, PRESCRIBING INFORMATION, MEDICATION
GUIDES, OR OTHER COMMUNICATIONS PROVIDED IN OR THROUGH THE USE OF THIS SITE, OR
ANY OTHER THIRD-PARTY MATERIALS MADE AVAILABLE ON THIS SITE. WE MAKE NO
WARRANTY THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL THE COVERED
ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (A) USE OF THE SITE; (B)
UNAUTHORIZED ACCESS TO YOUR DATA; (C) CONDUCT OF ANY THIRD PARTY ON OUR SITE;
OR (D) ANY OTHER MATTER THAT RELATES TO THESE TERMS OR IS BEYOND OUR REASONABLE
CONTROL.
THE MAXIMUM LIABILITY OF THE COVERED
ENTITIES TO YOU UNDER ALL CIRCUMSTANCES FOR ALL LOSSES (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT
EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD) OR THE AMOUNT PAID BY YOU TO
ACCESS OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO
BE INVALID, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION
OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BOEHRINGER
AND YOU. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Dispute Resolution
These Dispute Resolution procedures
apply to any claim or disagreement that arises as of the effective date of this
notice and will not be applied retroactively.
You agree that whenever you have a
disagreement with us arising out of, connected to, or in any way related to these
Terms of Use, you will send a written notice to us (a “Demand”). You
agree that the requirements of this section will apply even to disagreements
that may have arisen before you accepted these Terms of Use. You must send
this Demand to the following address (the “Notice Address”):
Boehringer Ingelheim USA Corporation
P.O. Box 368
900 Ridgebury Road
Ridgefield, CT 06877-0368
Attn: Corporate Affairs
With a copy to:
Boehringer Ingelheim USA Corporation
900 Ridgebury Road
Ridgefield, CT 06877-0368
Attn: General Counsel
Informal Dispute Resolution. You agree that you will not
take any legal action, including filing a lawsuit or demanding arbitration,
until ten (10) business days after you send this Demand.
Binding Arbitration. If we do not resolve
this disagreement to your satisfaction within ten (10) business days, and you
intend on taking legal action, you agree that you will file a demand for
arbitration with the American Arbitration Association (the “Arbitrator”).
Review this section carefully. This arbitration provision limits your and Boehringer
’s ability to litigate claims in court and you and Boehringer each agree to
waive your respective rights to a jury trial or a state or federal judge. You
agree that you will not file any lawsuit against us in any state or
federal court. You agree that if you do sue us in state or federal court,
and we bring a successful motion to compel arbitration, you must pay all fees
and costs incurred by us in court, including reasonable attorney’s fees.
Please note that for any such filing
of a demand for arbitration, you must effect proper service under the rules of
the Arbitrator, and that notice to the Notice Address may not suffice. If,
for any reason, the AAA is unable to provide the arbitration, you may file your
case with any national arbitration company. The Arbitrator shall apply the
AAA Consumer-Related Disputes Supplementary Procedure as effective September
15, 2005. You agree that the Arbitrator will have sole and exclusive
jurisdiction over any dispute you have with us. You understand that the
Federal Arbitration Act allows for the enforcement of arbitration agreements,
and you agree that it applies.
Class or Collective Action Waiver. You agree that you will not
file a class action or collective action against us, and that you will not
participate in a class action or collective action against us. You agree
that you will not join your claims to those of any other
person. Notwithstanding any other provision in these Terms of Use, if this
class action waiver is invalidated, then the agreement to arbitrate is null and
void, as though it were never entered into. Any dispute at that time in
arbitration will be dismissed without prejudice and refiled in a court. Under
no circumstances do you or we agree to class or collective procedures
in arbitration or the joinder of claims in arbitration.
We agree that we will not
file a class or collective action against you, and that we will not participate
in a class or collective action against you, for any disagreement arising out
of, connected to, or in any way related to these Terms of Use. We agree
that we will submit all disputes with you to arbitration before the
Arbitrator.
Notwithstanding the foregoing, each
party shall have the right to institute an action in a court of proper
jurisdiction for injunctive or other equitable relief pending a final decision
by the Arbitrator. These Terms of Use and their performance shall be governed
by the laws of the State of Connecticut without regard to its conflict of laws
provisions. Each party consents and submits to the exclusive jurisdiction of
the state and federal courts located in Clark County, the State of Connecticut
in all questions and controversies arising out of your use of the Site and these
Terms of Use.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU PERMANENTLY AND IRREVOCABLY WAIVE YOUR RIGHT TO BRING ANY
CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR
ANY CONTENT UNLESS YOU BRING THE CLAIM OR ACTION WITHIN TWO (2)] YEARS FROM THE
DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED.
Third-Party Content
Our Site may provide access to third-party
websites and services. We do not control the content of such websites and
services, and we are not responsible for their content, practices, or
standards. Inclusion of any third-party link does not imply a recommendation or
endorsement by us. We are not responsible for any damages or injuries of
any kind arising in connection with the content of linked third-party sites, services,
advertisements, or other resources framed within our Site. We do not make any
representations regarding the content or accuracy of third-party sites. Your
use of third-party sites is at your own risk and subject to the terms and
conditions of use for such sites.
Click-Through Agreements
When you sign up to use a special
feature of a Site, you may be asked to agree to special terms governing your
use of the special feature by checking a box or click on a button marked “I
Agree,” “Accept,” or some other phrase that signifies your agreement. This type
of agreement is known as a click-through agreement and by checking the box or
clicking the “I Agree” button, you are agreeing to be bound by the
special and/or additional terms as set forth in the specific agreement.
Product Information
The information on Site is intended
for use only by U.S. residents only. This Site may contain information about
products not available in other countries or regions of the world or that may
be available under a different trademark or name. Other countries may have
laws, regulatory requirements, and medical practices that differ from those in
the United States and may require different or additional information.
Therefore, product information on the Site may not be appropriate for residents
of other countries. By using this Site, you hereby agree that any and all Personal
Data collected through the Site may be transferred to the United States for
processing; conversely, Personal Data collected through the Site may be
transferred outside the United States for processing, as noted in the Privacy
Statement [include hyperlink].
Site Operability
We do not warrant that the Site will
be compatible or interoperable with your mobile device or any hardware,
software, equipment or device installed on your mobile device or used by you to
access and use the Site in connection with your mobile device (“Accessories”).
You acknowledge that compatibility and interoperability problems: (a) may cause
the performance of the Site, your mobile device and any Accessories to diminish
or fail completely; (b) may result in permanent damage to your mobile device
and any Accessories; (c) may result in a loss of data on your mobile device or
Accessories; or (d) may result in the corruption of software and files located
on your mobile device and any Accessories. You acknowledge and agree that Boehringer
shall have no liability to you for any losses suffered resulting from or
arising in connection with compatibility or interoperability problems.
Intellectual Property
Subject to your continued compliance
with these Terms of Use, we grant you a non-exclusive, non-transferable,
non-sublicensable, fully revocable, limited license to access and use our Site
for your personal, noncommercial use, and not for the benefit of any third
party. Boehringer retains ownership of the Site and all rights therein.
The Content of this Site is protected
under applicable copyright and trademark laws. Unless otherwise indicated, all
logos, names, designs, and marks on the Site are trademarks or service marks
owned or used under license by Boehringer. The use or misuse of any of
these marks or other information is strictly prohibited. Further, copying,
redistribution, or publication of any part of this Site is prohibited. All
images and text are our property and may not be downloaded,
distributed, stored, reused, reposted, modified, or otherwise used except as
provided herein without our express written permission.
You may not reproduce, modify, sell,
distribute, or otherwise exploit any part of the Site or Content for any
commercial purpose without our express written consent. Furthermore, except for
the limited rights granted in this Section, you will not (and will not
encourage or assist any third party to): (i) modify,
repair, or otherwise create derivative works of the Site or any software or
technology included in or used or distributed by Boehringer to provide the App; or (ii) reverse engineer,
disassemble, or decompile the Site, or otherwise attempt to discover or
recreate the source code for the Site.
Miscellaneous
If any provision of this Agreement is
unlawful, void or unenforceable, you agree that the provision will be enforced
to the maximum extent permissible, and the remaining provisions contained in these
Terms of Use shall continue in full force and effect. If Boehringer fails to
act with respect to your breach or anyone else's breach on any occasion, Boehringer
is not waiving its right to act with respect to future or similar breaches.
These Terms of Use constitute the
entire agreement between you and Boehringer regarding your use of this free Site.
As described above, your use of certain services and features may be subject to
additional terms as outlined in click-through agreements. Those additional
terms are incorporated by reference into these Terms of Use. No advice or
information, whether oral or written, obtained by you from Boehringer shall
alter the terms of these Terms of Use.
Changes to Terms of Use
We reserve the right to make additions, deletions, or modifications to these Terms of Use at any time without prior notification. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Contact Us
If you have any questions,
complaints, or claims relating to the Site or these Terms of Use, or if you
would like to receive a copy of these Terms of Use in an alternative format,
please contact us at:
Boehringer Ingelheim USA Corporation
P.O. Box 368
900 Ridgebury Road
Ridgefield, CT 06877-0368
Attn: Corporate Affairs
With a copy to:
Boehringer Ingelheim USA Corporation
900 Ridgebury Road
Ridgefield, CT 06877-0368
Attn: General Counsel