Terms of Use

Terms of Use

Version 1.2. Last Revised: 1/2/2014

These Terms of Use apply to all visitors who use the available pages of the UBC.com website located at http://www.UBC.com/ (the “Site”).  These Terms of Use are between a user of any portion of the Site (“you” or “your”) and United BioSource Corporation (“UBC”, “we”, “us” or “our”).

1. Assent

Access to the Site is conditioned upon your assent to these Terms of Use.  You are deemed to have assented to these Terms of Use when you view any publicly available page of the Site.  You are deemed to have accepted these Terms of Use each time you access the Site.

2. Updates

From time to time, we may, in our sole discretion, modify these Terms of Use, indicated by a new version number and revision date.  It is important that you check these Terms of Use every time you visit the Site.  Your use of the Site, and your continued use of the Site after these Terms of Use have been updated, indicates your agreement and acceptance of these Terms of Use and the Privacy Policy, including the modifications made as of the date of your use.

3. User Obligations

You are required to comply with all applicable laws in connection with your use of the Site.   As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You agree that you will only provide information in connection with any and all other uses of the Site that is true and accurate, identifies only you, and is not false, misleading or otherwise an impersonation of any person or entity.  Certain portions of the Site may have additional terms and conditions.  When these portions are used, you agree to be further bound by the associated additional terms and conditions.

4. Site Content and Intellectual Property Rights

This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively “Site Content”).  Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors.  The Site Content is protected by United States and international copyright, trademark, and other laws.  You may browse the Site and download Site Content solely for your personal use, provided you keep intact all copyright and other proprietary notices.  Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Site Content from this Site, including code and software underlying this Site, nor may you sell, transfer or otherwise use the Site or the Site Content in commerce or for any public or commercial endeavor without our prior and express written consent.  We may in our sole discretion make changes to the Site Content at any time without notice.

5. Conferences & Webinars

The Conferences & Webinars section of the Site may include a listing of events and times of events that we are scheduled to attend.  You can contact UBC to confirm the date, time, location, and whether we are still scheduled to attend the listed event.  However, we may ultimately not be able to attend the listed event due to a variety of reasons.  We are not responsible for any errors or omissions in the listing of the events.

6. Social Media

The Site may include opportunities to view information and communicate with us through social media services such as LinkedIn®, Twitter®, Facebook®, and blogging.  You should use common sense and good judgment in communicating with us through these services.  We are not responsible for the terms of use and privacy policies that govern these third-party sites.

7. Linking Policy

Our Site may contain hyperlinks allowing our users to connect to other websites owned by us and our affiliated companies and websites owned by our third-party vendors, distributors, and providers (“Linked Sites”).  You may also access our Site through a hyperlink embedded in a Linked Site.  We provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you.  Please note that once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site, and this Terms of Use will immediately cease to apply to any subsequent activity on the Linked Site.  We are under no obligation to notify you when you have left our Site and have accessed a Linked Site.  Use of any Linked Site will be governed by the privacy policy, terms of use, and/or other policies (if any) on the Linked Site.

8. Use Restrictions

You agree that you will not: (a) use this Site for any purpose that is unlawful, illegal or a violation of applicable Federal, State, or local law or that is prohibited by these Terms of Use; (b) engage in any activity or use any device, software or routine that interferes with a user’s access to this Site or the proper operation of this Site; (c) delete or revise any Site Content or information of any other user; (d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (e) or (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

9. Forward-Looking Statements

This Site may contain “forward-looking statements,” as that term is defined in the Private Securities Litigation Reform Act of 1995, which involve risks and uncertainties. No forward-looking statement can be guaranteed, and actual results may differ materially from those projected. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements on this Site should be evaluated together with the disclosure regarding UBC and (along with those previously filed by our parent companies and subsidiaries) in our registration statements and periodic reports filed with the Securities and Exchange Commission, including the risks and uncertainties facing our business described therein.

10. Off-Label Use

Certain uses of products discussed herein may not have been approved by the Food and Drug Administration.

11. Privacy Policy

You agree to the UBC.com privacy policy (“Privacy Policy”), which is incorporated by reference in these Terms of Use.

12. Information Disclaimer

This Site may contain information related to pharmaceutical products, medical conditions and their treatment, and other health care topics.  Any such information is provided for informational purposes only and is not and should not be interpreted as medical advice and/or as a substitute for consultation with a physician or other qualified health care professional.  If you have questions about whether any medical products and/or treatments are appropriate for you, please consult your physician or other qualified health care professional.  The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

13. Disclaimer of Warranties

THE SITE AND THE SITE CONTENT THEREON ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE SITE CONTENT, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF RESULTS OR RELIABILITY OF THE SITE OR SITE CONTENT.  WE DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL.  WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BY USING THE SITE, YOU ACKNOWLEDGE THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA, AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY VIRAL INFECTION OR OTHER COMPUTER MALFUNCTION CAUSED AT ALL OR IN PART BY YOUR USE OF THE SITE.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY COMPUTER OR NETWORK SERVICING, REPAIR OR CORRECTION.  THE PERFORMANCE OF THE SITE VARIES WITH THE MANUFACTURER’S EQUIPMENT WITH WHICH IT IS USED.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, UNAVAILABLE OR INTERRUPTED NETWORK CONNECTIONS, BREACH OF SECURITY, OR VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF ANY SITE USER.  IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

15. Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:

a. identification of the copyrighted work claimed to have been infringed;
b. identification of the allegedly infringing material on the Site that is requested to be removed;
c. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
d. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
f. a physical or electronic signature of the copyright owner or the person authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Contact Information for Our Copyright Agent:
Legal Department, Intellectual Property
Express Scripts Holding Company
One Express Way, Hq1-2e03, St. Louis, MO 63121
e-mail: uspto@express-scripts.com

We will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above, and may, in our sole discretion if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any United States copyright laws.

16. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania excluding its conflict of law rules.  We each expressly agree to submit to the exclusive jurisdiction and venue of the courts in Pennsylvania in all disputes arising out of or relating to the use of the Site.

17. No Waiver

Our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

18. Severability and Integration

Unless otherwise specified herein, these Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between you and us with respect to your use of the Site, subject to the separate terms and conditions of other sites or services to which we provide hyperlinks from this Site.  If any portion of these Terms of Use 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 intention of the parties, and the remaining portions shall remain in full force and effect.