Terms and Conditions of Use of this Website
PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THIS WEBSITE
THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO YOUR ACCESS TO AND USE OF THIS WEBSITE, AND THE SERVICES AND INFORMATION OBTAINED THROUGH THIS WEBSITE, AND DO NOT ALTER THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH BOIRON OR ITS AFFILIATES.
Boiron, Inc. (“BOIRON”) is pleased to provide you with the materials on our website (“Website”) for informational purposes only. Please carefully read these Terms and Conditions relating to your use of this Website. By using this Website, you agree to these Terms and Conditions. We reserve the right to change or replace these Terms and Conditions or any portion of them at any time without notice by updating this posting. Your continued use of this Website after any such changes constitutes your acceptance of the new terms. We encourage you to periodically visit this page to review the current Terms and Conditions that apply to your use of this Website.
IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR ANY INFORMATION THAT YOU FIND HERE.
Please note that if you visit the website of any other BOIRON affiliate or any national or “country” websites published and updated by our BOIRON affiliates, you will be subject to the Terms and Conditions of Use of such website, which may differ from those stated herein.
BOIRON may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features, at any time. BOIRON may remove, modify or otherwise change any content, including that of third parties, on or from this Website.
BOIRON may impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. BOIRON may terminate your use of this Website at any time in its sole discretion.
In compliance with the Children’s Online Privacy Protection Act of 1998, this Website is not intended or designed to attract children under the age of 13. BOIRON does not knowingly collect personally identifiable information via this Website from visitors in that age group without the explicit consent of a parent or guardian.
BOIRON collects personally identifiable information, such as names, addresses, e-mail addresses and the like, only when voluntarily provided by a Website user. BOIRON does not want to receive confidential or proprietary or personal medical information through Website communications. Except as otherwise provided on this Website, any communication with BOIRON’s Website or any other e-mail transmission to BOIRON on this Website is non-confidential. Except as otherwise provided on this Website, BOIRON has no obligation to refrain from reproducing, publishing or otherwise using third party information for any purpose, and BOIRON may use the content of such communication for BOIRON’s own commercial purposes. Whoever transmits any communication to this Website or otherwise to BOIRON is solely responsible for its accuracy and completeness. This Website is intended to provide a service to users.
All rights not expressly granted herein are reserved to BOIRON.
Copyrights. All content provided on this Website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), is owned by or licensed to BOIRON and/or its affiliates and protected by United States and international copyright laws. BOIRON and its affiliates and licensors retain all proprietary rights to the Content. The Content is intended for your personal, non-commercial use only and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BOIRON ’s prior written consent. Unauthorized use is strictly prohibited.
You agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website, including but not limited to customer identities.
Trademarks. All trademarks on this Website are either trademarks or registered trademarks of BOIRON or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written consent of BOIRON. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of BOIRON or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of BOIRON. Other trademarks, registered trademarks, product names, service marks, and company names or logos displayed on this Website are the property of their respective owners.
Nothing contained in this Website shall be construed as conferring any right or license to any party under any BOIRON copyright, trademark, patent or any other intellectual property.
In using this Website, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, this Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or affiliated or linked websites;
- not to disrupt or interfere with any other user’s enjoyment of this Website or affiliated or linked websites;
- not to use or attempt to use another’s account or information without authorization from BOIRON, or create or use a false identity on this Website;
- not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
- not to attempt to obtain unauthorized access to this Website or portions of this Website which are restricted from general access.
LINKS AND THIRD PARTY CONTENT
This Website may from time to time contain links to third party websites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by BOIRON of—or responsibility for—the linked websites, any content, services or products available on or through such websites, or the companies associated with such websites. BOIRON does not review or control the content of third party websites. BOIRON expressly disclaims any responsibility for the content of any third party websites linked to this Website. BOIRON urges you to use discretion when you access any third party website linked to this Website.
BOIRON does not warrant that the functions or informational materials contained in or accessed through this Website are free of computer viruses or other harmful components.
BOIRON HAS NOT REVIEWED ALL WEBSITES THAT MAY BE LINKED TO THIS WEBSITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEBSITES PAGES OR ANY OTHER WEBSITES LINKED TO SUCH WEBSITES. LINKING TO SUCH WEBSITES IS STRICTLY AT YOUR OWN RISK.
CONTENT, PRODUCT AND SERVICE INFORMATION – LIMITATIONS
All content available through this Website, including but not limited to data, technical drawings, configurations, quote and order information, and product or service listings is believed to be accurate. HOWEVER, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS FOR YOUR PARTICULAR NEEDS OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE. Products and services are subject to change without notice. BOIRON does not guarantee that products or services listed online will be available at the time of your order. All information on this Website is subject to the disclaimers below.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEBSITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR INFORMATIONAL PURPOSES ONLY. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, BOIRON AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BOIRON MAKES NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES BOIRON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS WEBSITE.
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, UNDER NO CIRCUMSTANCES SHALL BOIRON OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY USE OF OR THE INABILITY TO USE THIS WEBSITE, OR ANY CONTENT OR SERVICES CONTAINED IN THIS WEBSITE, OR ACCESSIBLE THROUGH THIS WEBSITE, OR ANY WEBSITE LINKED TO THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BOIRON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT BOIRON DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BOIRON AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, FRAMED CONTENT.
BOIRON ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR E-MAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR E-MAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BOIRON, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING OR AS REFLECTED ELSEWHERE ON THIS WEBSITE, BOIRON DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS. IF A USER OF THIS WEBSITE IS DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, THE SOLE AND EXCLUSIVE REMEDY FOR THE USER IS TO DISCONTINUE USING THE BOIRON WEBSITE.
MEDICAL ADVICE OR PROFESSIONAL SERVICES NOT PROVIDED
BOIRON is not engaged in rendering medical or similar professional services or advice. Any information provided is not intended to replace medical advice offered by a physician. If you desire or need such advice, you should consult a professional healthcare provider.
If any provision of these Terms or Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of the Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and unenforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
This Website is controlled and operated from our offices in the commonwealth of Pennsylvania, U.S.A. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Pennsylvania, and the federal laws of the United States of America, without giving effect any conflict of laws provisions thereof. You agree to submit to the jurisdiction of the state or federal courts located within Pennsylvania for any dispute related to this Website.
This Website is based in the U.S. and does not adhere to the regulations of any country or jurisdiction other than the U.S. It is intended for U.S. residents ONLY and as such, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries. Nothing herein shall be construed as a solicitation or promotion of any product or of an indication of any product that is not authorized by applicable laws and regulations. In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Website.
IF YOU ARE ACCESSING THIS WEBSITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS WEBSITE. BOIRON MAKES NO REPRESENTATION THAT THIS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
These Terms and Conditions constitute the entire agreement between you and BOIRON governing your use of this Website. These Terms and Conditions shall not be modified except by BOIRON as provided herein or through a written document signed by both parties. You agree that any claim arising out of or related to these Terms and Conditions of this Website must be filed within one year after it arose or be permanently barred.
All rights not expressly granted herein are reserved to BOIRON.
NOTICE ON TESTIMONIALS
All content provided on this website, including the testimonials and graphics, is owned by or licensed to BOIRON and/or its affiliates (the “Content”) and protected by United States and international copyright laws. BOIRON and its affiliates and licensors retain all proprietary rights to the Content. The Content is intended for your personal use only and may not be reproduced, copied, altered, or distributed without the prior written consent of BOIRON.
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, you should be aware of the following:
- The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened where the testimonial was lengthy or portions were repetitive.
- The customer testimonials are actually received from our customers. They are individual experiences by persons who have used our products. However, the effectiveness of our products varies depending on each customer’s situation. Therefore, these testimonials and case histories reflect individual results and BOIRON does not claim that they are typical results you should expect to achieve.
- The expert testimonials and endorsements are actually received from medical professionals, whose qualifications give him or her the expertise that he or she is represented as possessing. The testimonials and endorsements are supported by the respective medical professional’s actual exercise of his or her expertise in evaluating the product features or characteristics with respect to which he or she is an expert and which are both relevant to an ordinary consumer’s use of or experience with the product and also are available to the ordinary consumer. Furthermore, the testimonials and endorsements are supported by an actual evaluation, examination or testing of the product that is at least as extensive as that an expert in the field would normally conduct in order to support the conclusions presented in the endorsement or testimonial.
- The medical professionals may receive compensation from BOIRON in the form of:
- fees for speaking, writing and research;
- fees for books, subscriptions and dues;
- fees for consulting, honoraria, stipends and donations;
- reimbursements for travel expenses; and/or
- financial or equity interest in BOIRON or its affiliates.
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You continue to have certain rights to obtain relief from a federal or state regulatory agency.
a. Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1–16. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator.
The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (AAA), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA’s Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE.
b. Arbitration Information and Filing Procedures. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute. No arbitration other than desk arbitration is available. The Arbitrator does not have the authority to: direct or allow introduction of outside witnesses, authorize discovery, order document production, issue subpoenas or allow depositions. Any arbitration shall remain confidential. You may not disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.
c. Fees and Expenses of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA’s filing fee and administrative expenses for a document arbitration will be allocated according to the AAA’s Rules, except that for claims of less than $1,000, you will only be obligated to pay a filing fee of $20 and we will pay all of the AAA’s other costs and fees. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses.