TERMS & CONDITIONS
Effective Date: February 12, 2016
Perrigo may change these Terms and Conditions at any time. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the Terms and Conditions, your only remedy is to stop using the Site.
Questions or Comments
If you have questions or comments about a Perrigo product, you may call 1-800-719-9260. If you have other questions or comments about this Site, you may contact us at CustomerService@KeloCote.com.
When you visit the Site or send emails to Perrigo, you are communicating with Perrigo electronically. You consent to receive communications from Perrigo electronically. Perrigo will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Site (including the software and files) and content provided on this Site, including the text, graphics, images, photographs, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Perrigo or are licensed to Perrigo, and are protected by law, including United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in these Terms and Conditions, Perrigo does not grant any express or implied rights to you. The contents of this Site are copyright 2015-2016, Perrigo Company. All rights reserved. Perrigo also owns copyright rights in the Site as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Unless otherwise noted, Perrigo, Kelo-Cote®, and other brands featured on the Site constitute our trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or Perrigo’s ownership of, such copyrights, trademarks or any other Perrigo intellectual property, or assist any third party in doing so. The Site may also include the product, service and company names, as well as logos, of third parties. Such third party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
You may choose to create an account to access certain parts of the Site. You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to be responsible for any losses incurred by Perrigo, a Perrigo affiliate, or another party due to someone else using your account and/or password either with or without your knowledge. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
To the extent permitted by law, products available through the Site are offered for individual use only and are not offered for commercial use or resale purposes.
Grant of License
Perrigo grants you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal and non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to Perrigo in a form and manner acceptable to Perrigo. You may not use Content in any manner that suggests the endorsement or association of any third party entity, person, product or service by Perrigo unless express written permission has been given by Perrigo in advance. You may not under any circumstances copy, print or download in any medium all or substantially all of the Content. You agree not to reproduce, duplicate, copy, sell, resell, use, access or exploit the Site or any information from the Site for any commercial purpose. You agree not to access the Site by any means other than through the interface that is provided by Perrigo for use in accessing the Site. You may not remove copyright notices or other notices of intellectual property rights from the Site or any content available on or through the Site.
Any unauthorized use of this Site or the Content will terminate the permission granted by these Terms and Conditions and may violate applicable laws and regulations, including copyright and trademark laws.
You represent and warrant to Perrigo that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use; (d) purchasing or using a product directed for use by adults only (for example, nicotine polacrilex gum) if you are under 18 or purchasing such products for use by a minor; or (e) purchasing product for commercial or resale purposes.
You further represent that you will not post, store, transmit, or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by these Terms and Conditions, including but not limited to materials that (a) impersonate any individual or business (including but not limited to Perrigo); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person; or (f) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
Perrigo may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that Perrigo, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Perrigo or any third party service provider.
Perrigo makes reasonable efforts to provide accurate information about prices on the Site. Nevertheless, pricing errors may appear on the Site. Accordingly, Perrigo does not guarantee the prices set forth on the Site. Prices on the Site are subject to change without notice.
Assumption of Risk
Your access and use of this Site and any other site on the internet, including the products, goods, materials, information, services, and any other resources contained in, offered, or provided in connection with them, is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Perrigo has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the internet cannot be guaranteed. Perrigo shall have no liability for interruptions or omissions in internet, network or hosting services. To the maximum extent permitted by law, you assume the sole and complete risk of using this Site.
Links to Other Sites
Perrigo may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the internet for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications, or services does not imply endorsements of any kind, unless expressly stated by Perrigo. Any such information, products or sites have not necessarily been reviewed by Perrigo and are provided or maintained by third parties over which Perrigo exercises no control. In addition, to the extent that they were reviewed by Perrigo, Perrigo undertakes no responsibility for continually monitoring such sites; the material at a site when Perrigo viewed it may differ materially from when you do. Accordingly, Perrigo expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party sites.
You agree to remove any link from your website or any other internet location to the Site upon Perrigo’s request. Deep linking to internal pages of the Site is expressly prohibited.
Events Beyond Perrigo’s Control
You expressly absolve and release Perrigo, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
ALL PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, AND OTHER RESOURCES SOLD, PROVIDED, OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING ALL OF ITS CONTENT, ARE PROVIDED BY PERRIGO ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. PERRIGO MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, ANY SITE CONTENT, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES SOLD, PROVIDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE. NO INFORMATION CONVEYED (WHETHER ORALLY OR IN WRITING) BY PERRIGO, ITS AFFILIATES, RELATED COMPANIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LEGAL REPRESENTATIVES, ATTORNEYS, AGENTS, SUCCESSORS, OR ASSIGNS REGARDING ANY PRODUCTS, GOODS, MATERIALS, INFORMATION SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE SHALL CREATE SUCH A WARRANTY. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PERRIGO MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE, THE CONTENT IT PROVIDES, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PERRIGO BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE, THE CONTENT IT PROVIDES, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT, OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES, OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF PERRIGO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, PERRIGO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE, SITE CONTENT, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE. FURTHER, IF A THIRD PARTY OTHER THAN PERRIGO PROCESSES, FULFILLS, SHIPS, HANDLES, DISTRIBUTES, STORES, AND/OR OTHERWISE PROVIDES PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE, PERRIGO DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES BASED ON OR ARISING OUT OF SUCH THIRD PARTY’S PROCESSING, FULFILLMENT, SHIPPING, HANDLING, DISTRIBUTION, STORAGE, AND/OR PROVISION OF PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Medical Advice
All material and information presented by Perrigo on this Site is presented in summary form, is general in nature, and is intended to be used for educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals.
This Site does not provide medical advice. Perrigo is not engaged in rendering medical or similar professional services or advice, and the information provided on this Site is not intended to replace medical advice offered by a health care provider. Accordingly, information contained on this Site should not be used for diagnosing, treating, curing, mitigating, monitoring, or preventing any disease or condition relating to health or fitness. If you need or would like medical or similar professional services or advice, you should promptly consult a professional health care provider, such as a pharmacist, nurse, or physician. If you believe you are experiencing a medical crisis or emergency, please call 911 or contact your local emergency assistance service immediately.
You agree to indemnify and hold harmless Perrigo, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of this Site or any breach by you of these Terms and Conditions.
Perrigo welcomes your feedback and suggestions about how to improve this Site, as well as other submissions related to this Site and any products or services offered in connection with this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, or through other forms of communication such as mail or email, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Perrigo to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. Perrigo may, but will not be obligated to, use and/or provide any author attributions related to any Submissions.
Governing Law and Forum
By visiting this Site, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern this Site, the Terms and Conditions, and any dispute that might arises between you and Perrigo. You agree to submit to the jurisdiction of the state and federal courts in Kent County, Michigan for the purpose of any judicial proceedings relating to or arising from these Terms and Conditions or the Site.
You and Perrigo agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Perrigo agree that the sole and exclusive forum for any dispute relating to these Terms and Conditions, or in any way to your access or use of the Site (excluding products liability disputes related to products sold through the Site, which shall be solely and exclusively subject to the governing law and forums set forth in the “Governing Law and Forum” section herein), shall be confidential, final and binding arbitration. Before resorting to this alternative, we strongly encourage you to first contact us directly to seek a resolution at CustomerService@KeloCote.com.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (“AAA”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with AAA rules and limitations. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration or claim involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. In no event shall any claim, action or proceeding by you in any way related to the Site be instituted more than one (1) year after the cause of action arose.
Suspension or Termination
Perrigo reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate these Terms and Conditions.
Failure to insist on specific performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Perrigo of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Nature of Relationship and Severability
No joint venture, partnership, employment, agency, or other relationship exists between you and Perrigo as a result of these Terms and Conditions or your use of this Site. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
Entire Agreement and Reservation of Rights