Acceptance
These Terms of Use describe the terms and conditions applicable to your use of www.ipsenus.com and all other websites operated by Ipsen Biopharmaceuticals, Inc. (“Ipsen,” “we,” “our,” or “us”) that link to or incorporate these Terms of Use (the “Websites”). The aim of the Websites is to introduce you to the activities of Ipsen, and the Websites are available for your information, interest, and education. Your access to and use of the Websites and the information, materials, products, and services available through the Websites is subject to all applicable laws and regulations and to these Terms of Use. By accessing or using the Websites, you acknowledge that you have read and understand these Terms of Use, and that you agree to be bound by its terms and conditions. If you do not agree to be bound by these Terms of Use and to abide by all applicable laws and regulations, you must discontinue your use of the Websites immediately.
We reserve the right to modify these Terms of Use at any time. Such modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new Terms of Use on this page. Accessing the Websites after such notice shall be deemed to constitute acceptance of such modifications. Ipsen encourages you to visit the Websites periodically to review the current Terms of Use to which you are bound. Ipsen reserves the right to discontinue the Websites at any time.
Intended Audience
The Websites are intended for US residents and US healthcare professionals only.
Privacy Policy
The Ipsen website privacy policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated herein in full by this reference. By accessing or using the Websites, you acknowledge that you have read and understand the Privacy Policy and that you agree to its terms including your agreement to the collection, use, and disclosure of information about you by Ipsen as described in the Privacy Policy.
Click here to view the Privacy Policy.
Content
The content on the Websites is designed to provide a general overview of Ipsen, and is presented solely for informational purposes. The Websites may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes and is not meant to be a medical opinion, a diagnosis or a substitute for advice provided by qualified healthcare professionals. You should consult a qualified healthcare provider if you have or suspect you have any health problems.
Use of the Websites
You agree to comply with all laws and regulations applicable to your use of the Websites. You agree to not take any action that might interfere with the proper working of the Websites, compromise the security of the Websites, or otherwise damage the Websites or any materials and information available through the Websites. You may not use the Websites for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ipsen or others.
You may not attempt to gain unauthorized access to any portion or feature of the Websites, to any other systems or networks connected to the Websites or to any Ipsen server, or to any of the services offered on or through the Websites, by hacking, password “mining”, or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites or any network connected to the Websites. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Websites, or any other customer of Ipsen, including any account not owned by you, to its source, or exploit the Websites or any service or information made available or offered by or through the Websites, in any way where the purpose is to reveal any information other than your own information, as provided for by the Websites.
Provision of Information to Ipsen
When you provide information to us, you agree to: (a) provide accurate, current, and complete information; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Websites and refuse any and all current or future use of the Websites or any portion thereof.
Any questions, comments, suggestions, or any other communications, including any ideas, inventions, concepts, techniques, or knowhow you may forward to the Websites or otherwise to Ipsen, electronically or by any other means, shall be deemed to be non-confidential and non-proprietary. Ipsen is free to reproduce, use, disclose, publish, and distribute such information to others without liability or restriction. Furthermore, Ipsen is free to use, without compensation to you, any ideas, inventions, concepts, techniques, or knowhow contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and/or marketing goods or services.
Information, News, and Press Releases
The Websites may contain information, news, and/or press releases about us. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Registrations and Passwords
The Websites may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Websites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Websites due to someone else using your login ID, password, or account as a result of your failing to keep your account information secure and confidential.
No Warranties
THE INFORMATION ON THE WEBSITES IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. IPSEN MAKES NO REPRESENTATIONS OR WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IPSEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, FUNCTIONALITY, AND COMPLIANCE WITH APPLICABLE LAWS, AS IT RELATES TO THE INFORMATION PROVIDED ON THE WEBSITES, OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING THE WEBSITES YOU ACCEPT THE RISK THAT THE INFORMATION PROVIDED ON THE WEBSITES MAY BE INCOMPLETE OR INACCURATE OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimed Liability
UNDER NO CIRCUMSTANCES SHALL IPSEN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND SPECIAL OR OTHER DAMAGES, LOST OPPORTUNITIES, LOST PROFIT, OR ANY OTHER LOSS OR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITES OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITES. THIS LIMITATION INCLUDES DAMAGES OR ANY VIRUSES, WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Any person who accesses or uses the Websites hereby agrees to indemnify, defend, and hold harmless Ipsen, its officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of or are related to any violation of the Terms of Use and/or use or misuse of the Websites by such person.
Third-Party Links to Other Websites
Any links to other Internet websites or online services are provided as a convenience. Ipsen has no responsibility or control over the content or operation of such websites or online services and shall not be liable for any damages or injuries arising from that content or their operation. Inclusion of a third-party link does not imply an endorsement or recommendation by Ipsen.
Minors
You must be 18 years of age or older to submit registration or survey information via the Websites. If you are under the age of 18 and wish to register to obtain further information or be included in a survey, then your parent or legal guardian must register to obtain the information or to participate in the survey.
Intellectual Property, Copyright and Use of Content
Ipsen will enforce its intellectual property rights to the fullest extent permitted under law. The content of the Websites is the property of Ipsen and are protected by copyright laws. The trademarks, service marks, trade names, logos, and products displayed on the Websites are protected worldwide, and no use of any of these may be made without the prior written consent of Ipsen.
You are welcome to download the content of the Websites for your own personal, noncommercial, informational use. You may not otherwise use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any content of the Websites without the prior written consent of Ipsen. The Websites may contain or reference proprietary information, technologies, products, processes or other proprietary rights of Ipsen and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Ipsen and/or other parties is granted to or conferred upon you. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of Ipsen.
Governing Law
The Websites are operated by Ipsen Biopharmaceuticals, Inc. from its office in Basking Ridge, New Jersey. Your access and use of the Websites and the contents hereof shall be governed by and interpreted in accordance with the laws of New Jersey. Ipsen makes no representation that the information contained in the Websites are appropriate or available in other locations where the content and access thereto may be illegal. Any legal action or proceeding related to the Websites shall be brought exclusively in a federal or state court of competent jurisdiction situated in New Jersey.
Equitable Relief
You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
Severability
If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Waiver
Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use.
Termination of Access
We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Websites, with or without notice, for any reason or no reason, including without limitation your violation of these Terms of Use.
Contact Us
If you have any questions about these Terms of Use, you can contact us at IpsenUS_terms@ipsen.com.
Last updated: January 21, 2019