Terms of Use

Terms of Use

Version 1.4. Last Revised: August 12, 2019

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 LLC (“UBC”, “we”, “us” or “our”).

1. Acceptance

Your use of the Site is conditioned upon your acceptance of these Terms of Use. You are deemed to have accepted these Terms of Use when you view any publicly available page of the Site and 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 Notice, 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 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. Links to Other Websites and Third Party Content

Our Site may contain links to other websites, services, and applications that are not owned or controlled by us (“Linked Sites”). We provide these hyperlinks to the Linked Sites to enable you to conveniently access information that may be of interest to you. Additionally, the Site may include opportunities to view information and communicate with us through social media services such as LinkedIn®, Twitter®, Facebook®, and blogging (“Social Media”). These Terms of Use do not apply to Linked Sites and Social Media. Use of any Linked Site and Social Media will be governed by the privacy notice, terms of use, and/or other policies (if any) on the Linked Site and Social Media.

7. 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) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; or (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. Additionally, you should always use common sense and good judgment in communicating with us through Social Media.

8. Privacy Notice

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

9. 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 Notice.

10. 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 THAT THE PERFORMANCE OF THE SITE VARIES WITH THE EQUIPMENT WITH WHICH IT IS USED, AND THE USE OF THE SITE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA. YOU AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.

11. 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.

12. 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:

Contact Information for Our Copyright Agent:
UBC Legal Department
920 Harvest Drive, Blue Bell, PA 19422

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.

13. 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.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

14. 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.

15. Severability and Integration

Unless otherwise specified herein, these Terms of Use and the Privacy Notice incorporated herein constitute the entire agreement between you and us with respect to your use of the 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.