PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE OR ITS SERVICES, YOU HEREBY CONSENT TO BE BOUND BY THE TERMS OF USE HEREIN.
This Agreement is entered into by and between You (“you,” “your,” or “yours”) and Celltrion, USA, LLC (the “Company,” “we,” or “us”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or “Agreement”), govern your access to and use of the websites Celltrion Connect and/or Celltrion Cares (the “Site”), including any content, functionality, and services we offer on or through the Site.
AGREEMENT AND ACCEPTANCE OF THESE TERMS
Your access to and use of the Site is subject to the following Terms of Use and all applicable laws. By accessing and browsing the Site or using its services, you herby accept and agree to these Terms of Use and acknowledge that any other agreements between you and the Company are superseded and of no force or effect with respect to your access and use of the Site.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS SITE.
THE SITE AND ITS SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS. BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THIS SITE.
ACCESS TO THE SITE
Access to the Site is permitted on a temporary basis, and the Company reserves the right, at its sole discretion, to withdraw or amend the services provided on the Site without notice. The Company will not be liable if, for any reason, the Site is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Site, or the entire Site, to users who have registered with the Company.
You are responsible for making any and all arrangements required for you to access the Site. Additionally, you must ensure that any individual who accesses the Site through your internet connection is fully aware of these Terms of Use and complies with them.
In order to access the Site and some of its resources, you may be required to provide specific registration details or other relevant information. It is mandatory, as a condition of using the Site, that all information provided by you on the Site is accurate, current, and complete. Providing any false or incomplete information is a violation of these Terms of Use. By registering on this Site or providing any information to us, you acknowledge that our Privacy Policies govern all information you provide, and you consent to all actions we take in relation to your information, consistent with our Privacy Policies.
Our User Privacy Policy can be found here: https://www.celltrionconnect.com/patient-privacy-policy.
Our Healthcare Professionals Privacy Policy can be found here: https://www.celltrionconnect.com/hcp-privacy-policy.
If you receive or select a user identification code, password, or any other confidential information from the Company as part of its security procedures, you must keep such information confidential and not share it with anyone. The Company reserves the right, in its sole discretion, to disable any user identification code or password, whether chosen by you or provided by the Company, if it deems that you have violated any provision of these Terms of Use. You must immediately inform the Company if you become aware of any unauthorized use of your user identification code or password. You are responsible for ensuring that you have all necessary arrangements to access the Site and that all persons who access the Site through your internet connection are aware of and comply with these Terms of Use.
USE OF SERVICES
By accessing and using the services we offer through the Site, you accept the Terms of Use of this agreement without limitation or qualification. The services provided are intended for personal, general informational and educational purposes, and certain services are intended for particular audiences, including the Company’s employees, customers, shareholders, members of the healthcare community, and the general public. Individual users may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text and images, without the Company's written permission.
SHORT MESSAGE SERVICE (SMS) TERMS OF USE
When you sign up to receive text messages, message frequency may vary. Reply HELP to help, STOP to stop. Message and data rates may apply.
T-Mobile® is not liable for delayed or undelivered messages.
To discontinue receiving SMS messages from the Site, text STOP to 39814.
For additional help, text HELP to 39814, or call 1-877-812-6662. The Site respects your right to privacy. Our User Privacy Policy can be found here: https://www.celltrionconnect.com/patient-privacy-policy.
NO MEDICAL ADVICE
The Site does not provide medical advice, and the Company is not engaged in rendering medical or similar professional services or advice. If you need medical advice, you should promptly consult a physician or professional healthcare provider. Access to the Site from territories where the content of the Site may be illegal or inappropriate is prohibited.
INTELLECTUAL PROPERTY RIGHTS
The Site and its contents, features, and functionality are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Users may use the Site for your personal, non-commercial use only, and may temporarily store copies of materials in random access memory (RAM) or your web browser's cache or print or download one copy of a reasonable number of pages from the Site. Further reproduction, publication, or distribution is strictly prohibited, unless expressly permitted by the Company. Any use of the Site that is not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors and may not be used without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of the respective owner. You must not use any trademarks or other content on the Site, except as provided in these Terms of Use, and are advised that the respective owner will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
If you violate these Terms of Use by printing, copying, modifying, downloading, or providing access to any part of the Site without authorization, your right to use the Site will be terminated immediately. At our discretion, you will be required to either return or destroy any copies of the materials you have made. You acknowledge that you do not acquire any right, title, or interest in or to the Site or any content on the Site, and that all rights not expressly granted to you are reserved by the Company. Any use of the Site that is not expressly permitted by these Terms of Use constitutes a breach of this agreement and may violate copyright, trademark, and other applicable laws.
USER CONDUCT
You agree that you shall not use the Site in any way that violates any applicable local, national, or international laws or regulations or for any unlawful, fraudulent, or unauthorized purposes. You are also prohibited from engaging in any conduct that breaches these Terms of Use, including, without limitation, modifying or attempting to alter the Site, attempting to access accounts or computer systems or networks connected to the Site without authorization, transmitting or uploading any unlawful, threatening, libelous, defamatory, obscene, pornographic, or illegal material, or impersonating any person or entity.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. The following are important restrictions on the use of the Site with which you must comply.
We take these prohibitions seriously and may take action to enforce them, including, without limitation, terminating your access to the Site and blocking your internet protocol (IP) address. We reserve the right to take appropriate legal action, including, without limitation, filing civil suit and referring the matter to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third-parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
LINKING TO THIS SITE
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
The utilization of the Site’s features is limited to their provided functionality and is restricted to the content with which they are associated. Any additional Terms of Use related to these features must be adhered to. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We reserve the right to disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THIS SITE
This Site may include hyperlinks to other websites and resources which are furnished by third-parties for your convenience. Such links may also include those contained within advertisements, such as banner advertisements and sponsored links. We do not have command over the substance of those websites or resources and disclaim all responsibility and liability for any loss or damage that may arise from your utilization of them. In the event that you choose to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms of use for such websites.
CHANGES TO THIS SITE
We reserve the right to update the content on this Site from time to time. We make no representation that any content is complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Any updates made to these Terms of Use will be effective upon your next access to the Site. It is your responsibility to review these Terms of Use periodically to stay informed of any changes we make, as they are legally binding. However, please note that we are not obligated to keep the Site current or up to date. We may, at our discretion, suspend access to or permanently close the Site if necessary.
INFORMATION ABOUT YOU AND YOUR VISITS TO THIS SITE
All information we collect on this Site is subject to our User Privacy Policy and our Healthcare Professionals Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the relevant Privacy Policy.
Our User Privacy Policy can be found here: https://www.celltrionconnect.com/patient-privacy-policy.
Our Healthcare Professionals Privacy Policy can be found here: https://www.celltrionconnect.com/hcp-privacy-policy.
GEOGRAPHIC RESTRICTIONS
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
No website or computer program is 100% safe. YOU HEREBY ACKNOWLEDGE AND AGREE that we cannot and do not provide a guarantee or warranty that files available for download from the internet or the Site will be free of viruses or other destructive code. YOU ACKNOWLEDGE AND AGREE that it is your responsibility to implement sufficient procedures and checkpoints to meet your specific requirements for anti-virus protection and accuracy of data input and output. Additionally, it is your responsibility to maintain a means external to our Site for any reconstruction of any lost data.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR ANY OTHER PROPRIETARY MATERIAL RESULTING FROM YOUR USE OF THE SITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR FROM DOWNLOADING ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Some jurisdictions may not permit the exclusions of implied warranties. Therefore, the above disclaimer may not apply to you. Research your local laws to determine the applicability of this section to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, ITS CONTENT, OR ANY SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN ANY AMOUNT THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
YOU USE AND RELY UPON THE SITE, ITS CONTENT, AND SERVICES AT YOUR OWN RISK.
The limitation of liability described above shall apply fully to residents of new jersey. If any portion of this section is held to be invalid under the laws of the state of new jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS TO ITS SITE, ITS CONTENT, OR SERVICES CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF ITS CONTROL. THESE EVENTS INCLUDE, BUT ARE NOT LIMITED TO, WAR, FIRE, FLOOD, EXTREME WEATHER, ACCIDENTS, EXPLOSIONS, ACTS OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKES, LOCKOUTS OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER EVENTS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF THE COMPANY FOR THE DURATION OF AN INTERRUPTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
GOVERNING LAW, JURISDICTION, AND ARBITRATION
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in the County of New Castle, Delaware, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that the Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The parties agree that any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as amended by this Agreement. The AAA Consumer Arbitration Rules: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by either party that an in-person hearing is appropriate. Any in-person appearances shall be held at a location that is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator shall make such determination. The arbitrator's decision shall follow the terms of this Agreement and shall be final and binding. The arbitrator shall have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement shall preclude either party from bringing issues to the attention of federal, state or local agencies, and, if the law allows, seeking relief against the other party.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
These Terms of Use, together with our Site Privacy Policies constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
CONTACT INFORMATION
If you have any questions about these Terms of Use, our practices or Services, or your use of the Site, please email us at [email protected].
We will never ask you for credit card or other financial information via email. Please do not include credit card or other sensitive financial information in your emails to us.