Terms of Use
Boehringer Ingelheim Services Center Inc., on behalf of Roxane Laboratories, (hereinafter referred to individually or collectively as “Boehringer Ingelheim”) is pleased to provide this web site (the “Site”) for your use and convenience, subject to these Terms of Use which are applicable to all users of the Site as well as the organization they represent (collectively referred to as “you” and forms thereof). BY USING AND/OR ACCESSING THE SITE, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE, AND FURTHER REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND YOU AND YOUR COMPANY TO THESE TERMS OF USE. Boehringer Ingelheim may amend the Terms of Use from time to time without notice to you. You can view the most current version of the Terms of Use at any time at: www.roxane.com
This Site is intended by Boehringer Ingelheim to be a tool to help automate inquiries related to products, orders, contracts, and chargebacks for our commercial customers. You agree that neither the content nor use of this Site shall modify or amend the terms and conditions of any written agreement between you and Boehringer Ingelheim for the sale of Boehringer Ingelheim products (“Products”), and all transactions for the sale of Products shall remain subject to any such agreement. In addition, when using certain areas of the Site, you shall be subject to any additional posted terms, conditions, and guidelines applicable to such areas, including without limitation, the Copyright, Disclaimer, and Privacy Policy notices linked from the bottom of each page. All such terms, conditions, and guidelines are incorporated by reference into the Terms of Use.
Site Use:
You agree with Boehringer Ingelheim that you are only authorized to visit, view and to retain a copy of pages obtained from this Site for your own use, and that you shall not duplicate, download, upload, publish, modify or otherwise distribute the material on this Site for any purpose other than to review Product information, review and enter information related to Product transactions, or to purchase Products subject to the Terms of Use and any other written agreement between you and Boehringer Ingelheim. You further agree that you will make no unauthorized uses of the Site including, but not limited to unauthorized Product sales, disclosure of Confidential Information (described below), or unauthorized framing of or linking to the Site.
To access the full features of the Site, your company must be registered and you will appoint and assign a “Company Administrator.” This Company Administrator is responsible for maintaining who in your company has access to your company information on the Site, and what portions of the Site they have access to. Boehringer Ingelheim is not responsible for maintaining your company’s “users” beyond the one (1) Company Administrator. If you or your company needs to change, remove or discontinue its Company Administrator for any reason it must call Boehringer Ingelheim Services Center immediately at 800.520.1631.
This Site uses a technology called “cookies.” A cookie is a token that a server gives to your browser when you access a website. Cookies are capable of storing many types of data. Cookies help provide additional functionality to the Site or to help us analyze Site usage more accurately. You acknowledge and agree that Boehringer Ingelheim will use “cookies” to collect personally identifiable information including but not limited to such information as your company’s name, e-mail address, and ordering patterns, and to track your use and navigation of this Site in order to help us better understand the value of the Site to customers and to Boehringer Ingelheim.
You agree with Boehringer Ingelheim that you are only authorized to visit, view and to retain a copy of pages obtained from this Site for your own use, and that you shall not duplicate, download, upload, publish, modify or otherwise distribute the material on this Site for any purpose other than to review Product information, review and enter information related to Product transactions, or to purchase Products subject to the Terms of Use and any other written agreement between you and Boehringer Ingelheim. You further agree that you will make no unauthorized uses of the Site including, but not limited to unauthorized Product sales, disclosure of Confidential Information (described below), or unauthorized framing of or linking to the Site.
To access the full features of the Site, your company must be registered and you will appoint and assign a “Company Administrator.” This Company Administrator is responsible for maintaining who in your company has access to your company information on the Site, and what portions of the Site they have access to. Boehringer Ingelheim is not responsible for maintaining your company’s “users” beyond the one (1) Company Administrator. If you or your company needs to change, remove or discontinue its Company Administrator for any reason it must call Boehringer Ingelheim Services Center immediately at 800.520.1631.
This Site uses a technology called “cookies.” A cookie is a token that a server gives to your browser when you access a website. Cookies are capable of storing many types of data. Cookies help provide additional functionality to the Site or to help us analyze Site usage more accurately. You acknowledge and agree that Boehringer Ingelheim will use “cookies” to collect personally identifiable information including but not limited to such information as your company’s name, e-mail address, and ordering patterns, and to track your use and navigation of this Site in order to help us better understand the value of the Site to customers and to Boehringer Ingelheim.
Representations and Warranties:
You agree that: (i) you understand these Terms of Use and that they constitute a valid, binding obligation, (ii) any information you enter and transmit to Boehringer Ingelheim through this Site is true and accurate to the best of your knowledge and belief, and (iii) you have full power, authority and legal capacity to enter into these Terms of Use and fulfill its obligations. You further agree that you have the authority to bind and represent your employer or, if not an employee, the organization you represent in placing orders for Products or in communicating with Boehringer Ingelheim through this site regarding the purchase of Products.
Warranty and Limitation of Liability:
Boehringer Ingelheim makes no guarantees, warranties, or representations with respect to any specific result from use of this Site, to use of the Boehringer Ingelheim services, or to services, shipment, or delivery performed by third parties in shipping Products. Boehringer Ingelheim will not be liable for indirect, special, incidental or consequential damages (including without limitation damages from loss of business, dimunition of property value, loss of profits, or down time), whether based in contract or tort (including without limitation negligence), product liability or otherwise, even if advised of the possibility of such damages.
Exclusions and Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Termination:
Boehringer Ingelheim may terminate these Terms of Use and your use of the Site at any time if you violate any provision of these Terms of Use or if it is unable to verify or authenticate the information you provide to Boehringer Ingelheim. You may terminate these Terms of Use by giving 60 days’ written notice to Boehringer Ingelheim. Termination of these Terms of Use will not affect any obligations which accrued before the termination. Please note that utilizing or accessing the Site after a termination will again obligate you to the most current Terms of Use.
Non-Transferable:
Your right to use the Site is not transferable and is subject to any limits established by Boehringer Ingelheim and any other applicable agreements between you and Boehringer Ingelheim.
GENERAL PROVISIONS
Notice:
Unless stated otherwise, all notices will be sent by email:
- by you to Boehringer Ingelheim Services Center via the “contact us” link
- by Boehringer Ingelheim either to the email address you provide to Boehringer Ingelheim during the registration process or other address that you specify in writing.
Alternatively, Boehringer Ingelheim may provide notice by certified mail, postage prepaid and return receipt requested, to the address provided to Boehringer Ingelheim on your registration form, or you may provide notice by certified mail to Boehringer Ingelheim at: Boehringer Ingelheim Services Center, Ebusiness Manager, 900 Ridgebury Road, Ridgefield, Ct, 06877
Force Majeure:
Boehringer Ingelheim will not be responsible for delays or failures in performing its obligations under these Terms of Use due to any cause beyond its reasonable control.
Governing Law; Jurisdiction; Venue:
These Terms of Use shall be governed exclusively by the laws of the State of Connecticut without regard to conflict of law provisions and as if made and to be performed entirely within the State of Connecticut without regard to conflict of law principles. You agree to be subject to the exclusive jurisdiction and venue of the State of Connecticut. This Site is intended use only within the United States and its territories, and use by you is restricted thereto. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use and is strictly excluded.
Entire Terms of Use:
These Terms of Use constitutes the entire Terms of Use between the parties with respect to the Site, provided that if any conflict should arise between the terms of these Terms of Use and any written agreement between you and Boehringer Ingelheim, the written agreement terms shall be controlling. These Terms of Use supersedes all prior proposals, negotiations, conversations, discussions and Terms of Use between the parties concerning the information it covers.
Severability:
If any section of these Terms of Use are found to be invalid or unenforceable in any jurisdiction in which it is performed, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby, so long as the economic or legal substance of these Terms of Use and transactions contemplated hereby is not affected in any manner adverse to any party. Upon a determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner so that the transactions contemplated hereby are fulfilled to the greatest extent possible.
Binding Effect:
These Terms of Use will be binding upon and enforceable upon you and your officers, directors, employees, agents, successors and assigns.
Confidentiality:
As with current phone, paper, and fax based communications, all information provided to you on this Site by Boehringer Ingelheim, including any information concerning contracts, prices, quantities purchased by any customer, or other terms and conditions, shall be held in strict confidence and not disclosed either directly or indirectly to any third party. Additionally, by using this site, you agree that the look, feel, and functionality of this Site is proprietary to Boehringer Ingelheim and further agree to keep such elements of this Site confidential and shall not disclose, discuss, explain, or show any third party, or allow such third party to view the look, feel or functionality, or the existence thereof, of this Site. In the event of a violation or anticipated violation of this covenant, without limiting any of its remedies available at law or in equity, Boehringer Ingelheim shall be entitled to obtain injunctive relief to prevent you from violating or further violating this covenant.
Non-Waiver:
The failure of Boehringer Ingelheim to enforce or require enforcement of any provisions of these Terms of Use will not constitute, or be construed to be, a waiver of the Terms of Use provisions, nor will it affect Boehringer Ingelheim’s right to enforce all provisions of these Terms of Use thereafter.
