Last Revised: October 5, 2017
Your Agreement
These Terms of Use apply to Web sites and mobile applications (“Apps”) owned Boehringer Ingelheim USA Corporation and Boehringer Ingelheim Pharmaceuticals, Inc., (“BI,” “We” or “Us”).
Please read these Terms of Use carefully. By using this Web Site or App you acknowledge that you have read, understand and agree to be bound by the following terms, the BI Privacy Policy (available for review here http://bidocs.boehringer-ingelheim.com/BIWebAccess/ViewServlet.ser?docBase=renetnt&folderPath=/Privacy+Statements/BIPI+Online+Privacy+Policy.htm , and all applicable laws and regulations. Please review the Dispute Resolution section carefully, as it limits your ability to sue BI or participate in a class action against BI. If you do not agree to these Terms of Use, you are not permitted to access, download or use this Web Site or App. If you choose to continue to use or access the Web sites or Apps after having the opportunity to read these Terms of Use, you recognize that BI has provided valuable consideration by offering these Web sites and Apps free of charge, and in exchange for that valuable consideration, you agree to the Terms of Use hereof.
I. Web site and App Content
Our Web sites and Apps 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. BI is not engaged in rendering medical advice or services.
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.
A. Username and Password
In order to access certain pages and features on our Web sites or Apps, you may be asked to register by creating a username and selecting a password. You agree that you are responsible for the safety and security of your username and password. If you believe that your username and password are being used without your permission, notify us immediately.
II. Consent to Use of Data
You acknowledge and agree that the Web site or App collects both Personal Information, which you voluntarily provide and may identify you individually, and Non-Personal Information, which is passively collected and does not identify you individually. Personal Information may include your name, address, email address, phone number, financial account number, Social Security number, or Driver’s License number. Non-Personal Information includes gender, age, survey responses, page views, unique views, the type of mobile device and the operating system you use, which screens you visit and for how long, and logging of technical issues. You acknowledge and agree that We may collect, transmit, store, and use your Personal Information to fulfill your requests or provide you with products, services, or information related to the Web site or App.
You also acknowledge and agree that We may collect, transmit, store, and use the Non-Personal Information to measure Web site and App traffic, recognize your computer or mobile device as a repeat user, tracks visitors’ uses across pages, facilitate the provision of Web site and App updates, product support, and other services to you (if any) related to, or in connection with the Web site or App. For more detailed information about the collection, use, and disclosure of Personal Information and Non-Personal Information, as well as your choices and control over such collection, use, and disclosure, please review the BI Privacy Notice, available here http://bidocs.boehringer-ingelheim.com/BIWebAccess/ViewServlet.ser?docBase=renetnt&folderPath=/Privacy+Statements/BIPI+Online+Privacy+Policy.htm
III. Indemnification
THIS INDEMNIFICATION SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Upon a request by BI, you agree to defend, indemnify and hold harmless BI and its affiliates, directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this Web site or App. BI 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 BI in asserting any available defenses.
IV. Disclaimer of Warranty
THIS DISCLAIMER OF WARRANTY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEB SITES AND APP.
THE CONTENT OF THE WEB SITES AND APP IS PROVIDED BY BI AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THESE SITES IS FOR INFORMATION PURPOSES. BI IS NOT OFFERING THIS WEB 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, THESE WEB SITES ARE PROVIDED FOR FREE.
THIS WEB SITE OR APP AND THE CONTENT ARE PROVIDED “AS IS.” BI, ITS PARENT COMPANY, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, 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, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF THE WEB SITE OR APP 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 WEB SITE OR APP, OR ANY SITE OR SITES “LINKED” TO EITHER. WE MAKE NO WARRANTY THAT THIS WEB SITE OR APP WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
V. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE OR APP OR THE CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY OR DEFECT IN OPERATION OR TRANSMISSION, VIRUS, LINE SYSTEM FAILURE, OR LOSS OF USE RELATED TO THIS WEB SITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, APP, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEB SITE OR APP.
You agree that our sole obligation to you is to provide the Web site and Apps as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Web site or Apps, we will not be liable to you or to any third party for your use of the Web site or Apps.
VI. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS DISPUTE RESOLUTION SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
NOTE: These Dispute Resolution procedures apply to any claim or disagreement that arises as of October 5, 2017 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 the Terms of Use, you will send a written notice to us (“Demand”). You agree that the requirements of this section will apply even to disagreements that may have arisen before you accepted these Terms of Service. You must send this Demand to the following address (the “Notice Address”):
Boehringer Ingelheim USA Corporation
Attn: Public Affairs
P.O. Box 368
900 Ridgebury Road
Ridgefield, CT 06877
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 BI’s ability to litigate claims in court and you and BI 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 affect 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.
VII. Links to Other Web sites or Applications
As a resource to Our users, Our Web sites or Apps may provide links to other sites. However, because BI does not control the content of these other sites We may link to, and due to their constantly changing nature, We cannot be responsible for the content, practices or standards of third party sites. Inclusion of any third party link does not imply a recommendation or endorsement by Us. We are not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third party sites, sites framed within Our Web sites or Apps, or third-party advertisements. 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.
VIII. Click-Through Agreements
When you sign up to use a special feature of a Web site or App, 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.
IX. Use in the United States
The information on Web sites and Apps is intended for use only by U.S. residents only. Web sites or Apps 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 Web sites or Apps may not be appropriate for residents of other countries. By using a Web site or App, you hereby agree that any and all Personal Information and Non- Personal Information collected through the Web site or App will be transferred to the United States for processing.
X. Operability of Mobile App
We do not warrant that the App 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 mobile application in connection with your mobile device (“Accessories”). You acknowledge that compatibility and interoperability problems: (a) may cause the performance of the App, 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 BI shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
XI. Intellectual Property
A. Copyright Notice
The Content of Web sites and Apps is protected under applicable copyright and trademark laws. Further, copying, redistribution or publication of any part of this Web site or App 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 the express written permission of BI.
B. Mobile App License
When you download an App, you are granted a personal, non-exclusive, non-sublicensable, non-transferable, license to install and use the software (in machine readable object code only) necessary for the functioning of the App only on a mobile device you own or control, solely for your personal use and as expressly permitted herein.
XII. Other Terms and Conditions
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 this Agreement shall continue in full force and effect.
These Terms of Use constitute the entire agreement between you and BI regarding your use of this free Web site or App. As described above in Section VIII, 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 BI shall alter the terms of these Terms of Use.
XIII. 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.