Terms of Service
Revised: September, 2024
Please carefully review the following Terms of Service (“Terms”). You must agree to be bound by the Terms to use this site and the services as defined herein.
The services referenced herein are for non-emergencies only. If you are experiencing a medical emergency, call 911 immediately.
General
This website has been developed as a service of Besins Healthcare, Inc. (“Besins”). By accessing and using the website located at www.Besins-healthcare.us (the “Website”), you agree to be bound by the terms and conditions (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that Besins may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Website. If you do not agree to these Terms, do not use the Website. As used in these Terms, “we” includes Besins, its subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Website, the collection, cataloging and/or analysis of data.
License and Access to the Website
As a condition of your use of the Services through the Website, you agree to the following:
All information which you provide through the Website is accurate, complete and correct, and you will accurately maintain and update any of information that you have provided to Besins.
No person under the age of eighteen (18) is authorized to access or use this Website. User access to, and use of, the Website is subject to all applicable federal, state, and local laws and regulations. Use of this Website is void where prohibited. By using this Website, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms. You must reside in the United States and in a state or territory where the Services are available.
This Website provides information that must not be used as a substitute for the advice of your own physician (“Your Own Physician”). Information available from the Website is not intended to be relied upon for the treatment or diagnosis of any medical condition or disease. ALWAYS CONSULT YOUR OWN PHYSICIAN DIRECTLY CONCERNING ANY HEALTH PROBLEM, MEDICAL CONDITION, OR DISEASE, AND BEFORE TAKING ANY MEDICATION OR CHANGING THE DOSAGE OF MEDICATIONS YOU ARE CURRENTLY TAKING.
Always carefully read the information provided with your medications. By accepting these Terms, you acknowledge that Besins does not practice medicine, and all medical services are provided by third parties. At no time will Besins, its parent company, subsidiaries, or related entities be liable to you for medical malpractice or other damages related to the provision of healthcare services.
Besins grants you a limited, non-transferable license to access and use the Website. This license shall not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Besins’s, text, page layout, or form) of Besins or our affiliates without our prior express written consent.
Besins accepts no liability for the accuracy or completeness or use of, nor any obligation to update, the information contained on this Website. We make no guarantees regarding the availability of the Website. Furthermore, we reserve the right, within our sole discretion, to discontinue the Website. You agree that we will not be liable to you for any such discontinuance or modification of the Website. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Website and may temporarily or permanently cease using the Website without notice to Besins. Any use of the Website, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website or any portion thereof. Product information may be provided on this site and is intended for general information purposes only. Product information is not intended to provide complete medical information. Complete medical information about prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) should be obtained directly from a prescribing physician.
Click-Through Agreements
Before using certain areas of the Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked, “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.
Restrictions on Your Use
All content within the Website and any materials made available on these pages for downloading, if any, are the property of Besins and/or its affiliates or other third parties. The Website and portions of the Website are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Website that are viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Website.
Do not submit, post, or otherwise transmit via the Website information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content, or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Website, including, without limitation, design, texts, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, and patents (“Intellectual Property”) are the sole property of Besins or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the express written consent of Besins or the express written consent of the appropriate third party, as applicable. Except as provided herein, Besins does not grant to you any express or implied rights to Besins or any third party’s Intellectual Property.
Privacy Policy
Any personal information or other information about you collected by Besins through, or in connection with, this Website is subject to our Privacy Policy. Besins Privacy Policy is incorporated into the terms of this Agreement by this reference. As indicated in these Terms, this Website is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.
Links
This Website may provide or include links to other Websites or resources. While Besins attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Besins’s standards, please understand that the content on these third- party websites is subject to change without notice to Besins. Because we have no control over such sites and resources, you acknowledge and agree that Besins is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BESINS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, SERVICES OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Besins prohibits caching of any portion of the Website and any unauthorized hypertext links to the Website. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Website, you must contact Besins to discuss mutually agreeable terms for such hyperlink.
Product Information
We provide all information on our websites (including information on our company, its history and its products) for general information purposes only. Many pharmaceutical products listed are available upon prescription from a medical doctor or qualified medical professional only, and not all such products may be available in all countries. The product information is not intended to provide complete medical information. Should you have a medical condition, promptly see your own doctor or health care provider. We do not offer personalized medical diagnosis or patient-specific treatment advice. You should always obtain complete medical information about your prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your prescribing physician or, where appropriate, other medical advisor. Depending on your local laws, you may obtain further information from the product’s information leaflet. Information on these products may vary by country. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit (or even prohibit in some instances) our ability to provide information and/or to respond directly to patient questions regarding its prescription products. However, we will respond to inquiries from and provide information to your qualified health care professional in accordance with local regulations.
Expert Opinions
We may post on our websites expert opinions or extracts from press articles concerning a particular area. Such information represents only the opinions of the respective experts or of the newspaper, their opinions are not necessarily those of us. We are not responsible for the accuracy or completeness of any information or opinions set forth in such materials.
Forward-Looking Statements
Our websites may also contain forward-looking statements that reflect our current expectations regarding future events and business developments. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of our products, regulatory approvals of pharmaceuticals, validity and enforcement of patents, the stability of our commercial relationships, and the general economic conditions. We intend to update our websites on a regular basis but assumes no obligation to update any of the content.
Geographic Restrictions
The owner of this Website is based in the State of New Jersey in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.
Exclusion of Warranty
Any use of the Website or reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. Besins disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Website.
BESINS PROVIDES CONTENT ON THE WEBSITE AS A SERVICE TO YOU. THE WEBSITE CANNOT AND DOES NOT CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS AND MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE WEBSITE IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR OWN PHYSICIAN. BESINS MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. BESINS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BESINS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY ELECTRONIC COMMUNICATION SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BESINS MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. BESINS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BESINS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY ELECTRONIC COMMUNICATION SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER BESINS, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEBSITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE WEBSITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEBSITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE; OR (4) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
BESINS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL BESINS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEBSITE OR CONTENT FOUND THEREIN. THIS LIMITATION OF LIABILITY SHALL EXTEND TO ANY THIRD PARTY WEBSITES. BESINS MAY LINK TO OTHER WEBSITES IN CONNECTION WITH THE SERVICES; HOWEVER, BESINS DOES NOT CONTROL THE CONTENT THEREIN. BESINS IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND ARISING IN CONNECTION WITH THE CONTENT OF ANY THIRD PARTY LINKED WEBSITE.
Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Indemnity and Release
By using this Website, you agree to indemnify Besins and its parents, subsidiaries, affiliates, and their respective officers, directors, managers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Website or any breach of this Agreement. By using the Website, you are hereby agreeing to release Besins and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Website.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Besins with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Besins with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the update of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent and agreement to the modified Terms. Except as expressly provided in a particular notice on this site, these Terms of Use constitute the entire agreement between you and Besins with respect to the use of this site and the Content.
Your use of this Website is also subject to the Privacy Policy which may be found at www.Besins-healthcare.us .