Terms and Conditions of Website Use Agreement
WELCOME! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING OR USING ANY PORTION OF THIS WEBSITE.
THE PRODUCTS AND PRODUCT INFORMATION SHOWN ON THIS WEBSITE ARE NOT INTENDED FOR SALE OR DISTRIBUTION IN THE UNITED STATES OF AMERICA OR A U.S TERRITORY .THE PRODUCTS DISCUSSED ON THIS WEBSITE MAY HAVE DIFFERENT PRODUCT LABELING IN DIFFERENT COUNTRIES.THE LAWS AND REGULATIONS GOVERNING THE INTRODUCTION OF PRODUCTS VARY FROM COUNTRY TO COUNTRY AND, THEREFORE, YOU SHOULD CHECK WITH YOUR LOCAL REGULATORY AUTHORITIES PRIOR TO IMPORTING PRODUCTS INTO EACH COUNTRY.
BY VIEWING OR USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE EXIT THIS WEBSITE IMMEDIATELY.
TERMS AND CONDITIONS
1.1. This Agreement constitutes your agreement with LEO Pharma Americas Inc. ("LEO Pharma"), a US corporation incorporated in the state of Florida, with respect to your use of LEO Pharma’s website (the “Website”). You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.
1.2. LEO Pharma reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. Changes in this Agreement will be posted at www.latinoamerica.leo-pharma.com. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that LEO Pharma Americas Inc may have made to this Agreement. Your continued use of the Website after any changes are made, shall be deemed your acceptance of the changes.
The Website is protected by copyright pursuant to the United States of America,Mexico(United Mexican States, international conventions on the subject and other intellectual property laws in force and applicable. The contents of this Website are only for your personal,noncommercial use. All materials contained on the Website are protected by intellectual property and the respective international conventions on the matter and are owned or controlled by LEO Pharma or the entity credited as the provider of the content. You agree to respect each and every one of the notices in any part of the Website without the prior written consent of LEO Pharma or the owner of the rights cointained in the Website.
3. Trademarks and Copyrights
LEO Pharma or LEO Pharma A/S has a number of trademarks (the "Trademarks") advertisements,copyright,neighboring rights,domain names and other rights of industrial or intellectual property contained in the Website or to be uploaded from time to time.You will not remove any proprietary notices of such rights or contents of the Website.Any questions regarding the use and ownership of Trademarks, Copyrights and industrial property rights or intellectual property related to the Website should be directed to LEO Pharma.
4. Changes to the Website.
LEO Pharma may change, suspend or discontinue any aspect of the Website at any time. LEO Pharma may also impose limits on certain features and services or restrict access to parts all of the Website without notice or liability.
5. Representations and Warranties.
You represent, warrant and covenant that:
5.1. You are at least eighteen years old; and
5.2. You will not upload, post, transmit, distribute or otherwise publish through the Website any materials which:
5.2.1. Restrict or inhibit any other user from using and enjoying the Website;
5.2.2. Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;
5.2.3. Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;
5.2.4. Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other rights,including intellectual or industrial property rights of any third party;
5.2.5. Contain a virus or other harmful or potentially harmful component;
5.2.6. Contain any advertising of any kind; and/or
5.2.7. Constitute or contain false or misleading indications of origin or statements of fact.
6. No Endorsement.
LEO Pharma will make reasonable and good-faith efforts to ensure that the information contained on the Website is accurate, complete and current.However LEO Pharma does not make any warranties or representations of any kind as to the accuracy,completeness, and currency of the information contained on the Website.Your acknowledge and agree that your use and reliance upon any of the information contained on the Website is at your own risk.LEO Pharma does not have a duty to correct any errors or omissions in any portion of the Website but reserves the right to make such corrections.The information displayed or distributed through the Website shall not be considered medical advice and shall not be relied upon as medical advice.All users of the Website should consult wit a licensed physician before using or discontinuing the use of any medication.Usersof the Website should not use the information contained on the Website for diagnosing health problem or disease and should always consult a licensed physician for medical advise or information about a diagnosis ans treatment.
7. Links From Other Sites.
The Website may contain links and pointers to other World Wide Web sites and resources. If you click on these links, you may be transported to other websites that are neither owned nor controlled by LEO Pharma (collectively, “Third Party Sites”). LEO Pharma has no control over the statements, products or services featured or sold at the Third Party Sites. Links to Third Party Sites do not constitute an endorsement by LEO Pharma of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites.
8. Links to Other Sites.
Any other party that links to the Website:
8.1. Shall not create a browser or border environment around any of the content of the Website;
8.2. May link to, but not replicate, the Website’s content;
8.3. Shall not imply that the Website or LEO Pharma is endorsing or sponsoring it or its products;
8.4. Shall not present false information about LEO Pharma or its products or services;
8.5. Shall not use Trademarks or copywrights or any other rights of intellectual property without the prior written consent and from LEO Pharma; and
8.6. Shall not contain content that could be construed as distasteful, offensive or controversial,libelous or illegal in any way.
9. Registration in the Website.
LEO Pharma may require you to register for the use of certain portions of the Website. Your registration, however, shall not impose any duty on us to provide any particular service to you.
LEO Pharma will not collect from you sensitive personal information, nevertheless, LEO Pharma will keep as confidential the information you will be sharing through the Website and guarantees that your information will not be used other than this Website purposes. Despite our confidentiality guarantee, you acknowledges that this Agreement constitute the Privacy Statement for LEO Pharma to utilize your personal information, directly or indirectly, or by transferring it to local or foreign third parties in order to improve the access and navigation within the Website and in general, to encourage and increase the commercialization of the LEO Pharma products and services. In such case, the third party involved shall assume exactly the same confidentiality responsibilities.
At any time, you will be able to access, update, delete or even to deny us sharing your information according to the above indicated terms. In such case, you should notify it to LEO Pharma. However, LEO Pharma may keep your information while this Agreement is valid, and the validity will be determined by the time your account to access the Website is active.
LEO Pharma will implement enough security, administrative, technical, and physical measures to preserve the confidentiality of your personal information, information that will be protected against any damage, loss, modification, destruction, or non-authorized usage, and in such eventualities, LEO Pharma will provide you with immediate and written notification for you to take the necessary measures and avoid or minimize any patrimonial or moral damage against you.
9.1. In the event that payment is required by you to receive any goods,products or services offered by LEO Pharma, you agree to pay all charges to your account, including applicable taxes, in accordance with the billing terms in effect at the time the fee or charge becomes payable. LEO Pharma reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees or charges.
9.2. We reserve the right to terminate your account for any valid reason including, but not limited to, your failure to pay any applicable fees, at any time, without giving you advance notice.
10. Notice Specific to Software Available on the Website.
10.1. From time to time, LEO Pharma may make software available for download or purchase at the Website. Any software that LEO Pharma makes available for download from the Website and/or our servers (the "Software") is an intellectual work protected by the Copyright work of LEO Pharma and/or its licensors or suppliers. Your use of the Software is governed by the terms of the end user license agreement which is included with the Software (the "License Agreement"). An end user may not install any Software accompanied by a License Agreement, unless he or she first agrees to the License Agreement terms.
10.2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
11. Notice Specific to Documents Available on the Website.
11.1. From time to time,LEO Pharma may make certain documents available at the Website for your online review or download. Permission to use documents like press releases, news stories and frequently asked questions from the Website or LEO Pharma's servers (the "Documents") is granted provided that:
11.1.1. The notice of rights protection for intellectual property appears in all copies as well as this permission notice.
11.1.2. Use of such Documents is for informational and non-commercial or personal use only and will not be copied or sent by email or posted on any network computer or broadcast in any media; and
11.1.3. No modifications of the Documents are made.
11.2. Elements of the Website including, but not limited to, the "look and feel" and overall presentation and content of the Website are protected by laws applicable to indrustrial or intellectual property and international copyright treaties that protect the protectionb or trademarks,slogans,trad names,domain names ,industrial designs,patents ,protection against unfair competition,and protection of copyright or related rihts,which may not be copied,reproduced or imitated in whole or any part. No logo, graphic, sound or image from the Website can be used,copied,reproduced or broadcast by any means, unless authorized by LEO Pharma.
12. Notice and Procedure for Making Claims of Copyright Infringement of Industrial Property Rights or Intellectual.
12.1. LEO Pharma respects the rights of all copyright holders of industrial por intellectual property and in this regard LEO Pharma has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement of an intellectual or industrial property, please contact LEO Pharma and provide the following information.
12.1.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly violated or infringed;
12.1.2. Identification of the right of intellectual or industrial property that is allegedly infringed;
12.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled after verifying the alleged violation and information reasonably sufficient to permit LEO Pharma to locate the material.
12.1.4. Information reasonably sufficient to permit LEO Pharma to contact the complaining party;
12.1.5. A statement that the complaining party has a good-faith belief that use of the material or the right of intellectual or industrial property in the manner complained of is not authorized by the owner thereof,his or her agent or the law,and
12.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.2. LEO Pharma's contact for notice of claims of copyright infringement of intellectual property or proprietary interest or regarding the Website can be reached as follows: email@example.com
13. Website Content and Information.
13.1. The Website contains information, offers, text, and other materials (collectively, the “Information”) that are provided for your convenience and enjoyment. This information is not intended to replace discussions with your healthcare provider.Some of the Information is provided by third parties. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. LEO Pharma will make reasonable and good-faith efforts to ensure that the informartion contained on the Website is accurate,complete,adequate,reliable and current but LEO Pharma makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the Website do not imply endorsement of that product or publication.
13.2. Part or all of the Information may be subject to terms and conditions that may be found on the websites or in the documents and policies of third parties. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions that may be found on the websites or in the documents and policies of third parties, the terms of this Agreement shall prevail. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
13.3. LEO Pharma does not represent or warrant that every action you take with regarding to your account and related activities on the Website will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Website.
14. Content Uploaded by You.
14.1. From time to time, LEO Pharma may permit you to upload information, advice, text, data, software, messages and other materials to the Website ("Your Content"). Your Content is your sole responsibility. This means that you, and not LEO Pharma, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available via the Website. Under no circumstances will LEO Pharma be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Website or any actual or potential violation of industrial or intellectual property of others.
14.2. You hereby grant LEO Pharma a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.
14.3. You acknowledge that LEO Pharma does not pre-screen Your Content, but that LEO Pharma have the right but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Website, especially if we think that it violates any industrial or intellectual property rights, either of LEO Pharma or those of third parties. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
14.4. You acknowledge and agree that LEO Pharma can preserve Your Content and may also disclose Your Content at any time and for any reason.
14.5. Since LEO Pharma does not pre-screen Your Content,you may be exposed to Content that is offensice,indecent,inmoral,unlawful or objectionable,so you assume full responsability of any kind arising out of Your Content,levaing LEO Pharma harmless from any claim,suit or claim brought against it for that reason.
15. WARRANTY; LIMITATIONS.
15.1. THE WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEO PHARMA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
15.1.1. THE CONTENT OF THE WEBSITE;
15.1.2. THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE;
15.1.3. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES AND/OR LINKS TO THIRD PARTIES; AND/OR,
15.1.4. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
15.2. FURTHER, LEO PHARMA ITS REPRESENTATIVES, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEO PHARMA DOES NOT WARRANT THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEO PHARMA AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
15.3. LEO PHARMA DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
16. Limitation of Liability.
Under no circumstances shall LEO Pharma be liable under any legal theory for any damages,including but not limited to direct special, incidental, indirect or consequential, or punitive damages that are directly or indirectly related to the use of, or the inability to use,the Website or Information, including as a result of anything relating to your use or inability to use a Third Party Site, even if LEO Pharma has been advised of the possibility of such damages.Some jurisdictions do not allow the exclusion or limitation of incidental or consequential dmages so the above limitation or exclusion may not apply to you.In no event shall LEO Pharma or its Representative Office or any of its affiliates or subsidiaries have any liability to you for damages,losses, or causes of action.This limitation includes,but is not limitedto, damages to,or for any viruses that infect,your computer equipment.Use of the Website is entirely at your own risk.When it shall be enforceable under certain local regulations,the maximum liability of LEO Pharma is onw equivalent to the price of the products or services you purchased from LEO Pharma.
You agree to indemnify LEO Pharma, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and LEO Pharma agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against LEO Pharma and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website.
18. Florida Law and Jurisdiction
Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Florida in the United State of America,without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the Florida state courts for all state court matters, and the United States South District Court for the District of Florida for all federal court matters.
19. Notices; Electronic Notification.
19.1. When you sign up for any service or purchase any product offered by LEO Pharma, you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, “Notices”), whether or not the Notices are related to the service you signed up for or product you purchased, from LEO Pharma electronically. You consent to receive Notices electronically in either or both of the following ways:
19.1.1. LEO Pharna may post the Notice on our website (www.latinoamerica.leo-pharma.com); or,
19.1.2. We may transmit the Notice to you by email.
19.2. If you do not wish to receive Notices from LEO Pharma electronically, you should not become a registered user of the Website, and, if you are already registered, you should ask LEO Pharma to cancel your account.
19.3. All Notices provided to you electronically will be deemed to be "in writing" without the necessity to sign a physical contract. You acknowledge and agree that your consent to receive Notices electronically is being provided in connection with your acceptance of the terms and conditions as published in this Website, and that we both intend that the corresponding laws apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
19.4. In order to receive Notices electronically from LEO Pharma, you must have:
19.4.1. an Internet browser, such as Internet Explorer 4.0 or greater or greater, or Firefox 3.0 or greater.
19.4.2. an email account and email software;
19.4.3. a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing;
19.4.4. sufficient electronic storage capacity on your computer’s hard drive or other data storage unit; and
19.4.5. a printer that is capable of printing from your browser and email software.
Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration administered by the American Arbitration Association exclusively in the Broward County, Florida, in accordance with its commercial arbitration rules and judgment upon the award rendered by the arbitrator may be entered in any court in and for the Florida South District.
21. Not for the United States
The products shown in the Website are not intended for sale or distribution in the United States of America or any U.S territory. The laws and regulations governing the introduction of products vary from country to country and, therefore, you should check with local regulatory authorities prior to importing products into each country.
This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.