These Terms of Use are a binding agreement between you and Allergan, and govern your access and use of the Site, which includes any information, data, tools, products, services and other content (together, "Content") available on or through the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT THE SITE.
As we may revise these Terms of Use from time to time, you should review them periodically.
Allergan grants you a limited right to use the Site only for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.
Medical Advice Disclaimer
NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF ALLERGAN PRODUCTS. ALLERGAN CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE.
VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS, OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.
Privacy Statement
Allergan’s Privacy Statement is a part of these Terms of Use. Use of this Site indicates your consent to the collection and use of your Personal Data as set forth in the Privacy Statement.
Copyrights and Trademarks
The Site and the Content contain copyrighted materials, trademarks, and other proprietary materials that are owned by Allergan, its affiliates and/or third parties and are protected by intellectual property laws of the United States and other countries.
You should assume that all Content of the Site is copyrighted unless otherwise noted and may not be used, copied, reproduced, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, except as provided herein and without the express written permission of Allergan or the original creator of the material.
Product names, logos, trademarks, and service marks that are used or displayed on the Site (collectively, the “Trademarks”) are registered or unregistered trademarks and the exclusive property of Allergan or its affiliates. No use of the Trademarks may be made without Allergan’s prior written authorization, except to identify the product or services of the company. Other product names, logos, trademarks, and service marks appearing on the Site that are not owned by Allergan may not be used without express permission from its owner. otherwise any license or right, either express or implied, under any intellectual property of Allergan or any third party.
User Responsibility
Each person assumes full responsibility and all risks arising from use of the Site.
IN NO EVENT SHALL ANY OF ALLERGAN, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, DATA PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER ALLERGAN OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES TO, OR FOR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.
IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU AS IS AND ALLERGAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.
ALLERGAN HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
ALLERGAN MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE DATA CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Allergan may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Allergan’s liability will be equal to the minimum permitted under such applicable law.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ALLERGAN, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.
You further agree that any claim related to this Site must be filed within one year after it arises.
Non-Personal Data
Any non-Personal Data that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary data, and Allergan shall have no obligation of any kind with respect to such data. Allergan and any of our affiliates may use such data for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates shall be free to use such data, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such data. Please consult our Privacy Statement for more data.
Links to Other Web sites
You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Allergan. Without the prior written permission of Allergan, you may not frame or scrape any of the content on the site nor incorporate into another website or other service any intellectual property of Allergan.
Links to Allergan’s Websites
Allergan encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include Allergan’s logo or other intellectual property. We strictly prohibit any suggestions of Allergan endorsement or recommendation of a specific company, product, or service.
Links From Allergan's Websites
This Site may include links to other sites. These links are provided solely for purposes of convenience. Allergan is not responsible for the content or accuracy of data contained on other sites or other sites’ privacy practices. Allergan is not liable for any damages or injury arising from content contained on other sites. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release Allergan and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied data, products and services.
Jurisdiction
Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.
Forward-Looking Statements
Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.
Reservation of Rights
Allergan reserves the right to alter or delete material from this Site at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms of Use at any time, and your use of the Site indicates your acceptance of any revisions to these terms.
Allergan’s failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
Allergan may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without Allergan’s written consent. Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.
Effective as of April 4th, 2018.
WELCOME TO Allergan Access®
Use of this site is subject to the terms and conditions contained in the Allergan Access Online Services Agreement (the "OSA"). In continuing to access or use our site, you agree to be bound by the terms and conditions set forth below.
ONLINE SERVICE AGREEMENT
WELCOME TO Allergan Access®
Use of this site is subject to the terms and conditions contained in the Allergan Access Online Services Agreement (the "OSA"). In continuing to access or use our site, you agree to be bound by the terms and conditions set forth below.
By clicking "Accept", you will be consenting to electronic delivery of the OSA and the Records and Disclosures in HTML format. To access, retain, and print the OSA, you should use a Netscape™ Navigator 4.0 or Microsoft™ Internet Explorer 4.0 browser or higher with Java Script enabled.
CONSENT TO ELECTRONIC RECORDS
By clicking "Accept" you will also be providing your electronic signature that will affirm:
* You understand and intend that the OSA is a legally binding agreement and the equivalent of a signed, written contract; and
* You have received, understand, and accept the OSA and its terms and conditions, and acknowledge and demonstrate that you can access the OSA and other Records and Disclosures on our Web site.
If you do not agree with the terms and conditions in the OSA, please do not click "Accept" and you will exit the registration process. You should be aware, however, that the use of our Web site is subject to the terms and conditions of the OSA. This Agreement will always be available for your review as a link at the bottom of the Allergan Access home page. If you click "Accept", we will create an electronic record of your agreement and you will be able to continue with the registration process. Please carefully review the following terms and conditions.
REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES
Allergan may revise the OSA at any time and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the Allergan Access home page periodically to review the most current terms and conditions.
For your protection, and the protection of our other customers and Web site users, as well as Allergan, you agree not to facilitate the access and/or unauthorized use of Allergan Access in any way, including but not limited to sharing your registration information (including passwords, usernames, and screen names) with any person outside of your practice.
ALLERGAN'S LICENSE TO YOU
Allergan grants you a single, non-exclusive, non-transferable and limited personal license to access and use Allergan Access. This license is conditioned on your continued compliance with the terms and conditions in the OSA. The term of the license will continue as long as you are a subscriber. In the event Allergan determines, in its own discretion, that you are in violation of the compliance requirements of this agreement, we reserve the right to terminate your subscription at any time.
We will notify you within thirty (30) days of the expiration of your annual subscription of your opportunity for renewal. The notification will be sent by emailing you at the address provided at the time of your registration. We agree to not use your email address for any form of advertising, mass marketing campaigns, nor will we sell your email address for any other purpose.
USE OF THIRD-PARTY SERVICE PROVIDERS
Allergan may use third-party service providers to assist in providing certain services with or without notice to you (each, a "Third-Party Service Provider"). You consent and authorize Allergan to delegate the authorizations you provide to Allergan to its Third-Party Service Provider(s) as Allergan deems necessary or desirable to provide the applicable Allergan Access services to you. You agree that the terms and conditions of the OSA, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third-Party Service Providers, and such Third-Party Service Providers are deemed to be third-party beneficiaries of the OSA, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement. You also agree that all references to Allergan within the OSA and any incorporated terms are also deemed to include, where applicable, Allergan's agents, such as the Third-Party Service Providers.
To protect the privacy and security of your personal information, Third-Party Service Providers will only be authorized to use or maintain your personal information in accordance with Allergan's privacy policy.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to accept all communications from us regarding the use of Allergan Access at the electronic mail address you provide during registration. You agree that, when in the future you click on an "Accept," "I Consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
USE OF ALLERGAN ACCESS
The following requirements apply to your use of Allergan Access:
* You will not use any electronic communication feature of Allergan Access for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
* You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
* You will not upload, post, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
SECURITY OF DATA TRANSMISSIONS AND STORAGE
Electronic (including wired and wireless) communications through Allergan Access may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications, and personal data, may be accessed by unauthorized third-parties when communicated between you and Allergan, or between you and other parties.
MONITORING BY ALLERGAN
Allergan, its affiliates and agents are entitled, but not obligated, to review or retain your communications. We may monitor your communications to evaluate the quality of service you receive, your compliance with the OSA, the security of Allergan Access, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Allergan or its Third-Party Service Providers monitor your communications and enforce or fail to enforce the rules and guidelines of Allergan Access and the terms of the OSA. In no event will Allergan or its Third-Party Service Providers be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of any monitoring activities.
DISCLAIMERS OF WARRANTIES
Although Allergan tries to provide accurate and timely information through Allergan Access, there may be inadvertent technical or factual inaccuracies and typographical errors. Allergan reserves the right to make changes and corrections at any time, without notice. The information provided through Allergan Access is provided "as is" and "as available." Allergan does not warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items contained in Allergan Access. Allergan provides no guarantee against the possibility of deletion, miss-delivery, or failure to store communications, personalized settings, or other data. Allergan expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in Allergan Access at any time and makes no commitment to update the information contained in Allergan Access. You assume the entire risk as to the use of Allergan Access.
Further, Allergan makes no warranties regarding Allergan Access. Allergan and its affiliates and agents (including Third-Party Service Providers) disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You may have other rights, which vary from state to state.
Any material downloaded or otherwise obtained through the use of Allergan Access is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Allergan or through or from Allergan Access will create any warranty not expressly stated in these terms.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree to indemnify and hold Allergan and its affiliates, agents, employees, and licensors (including the Third-Party Service Providers) harmless from any claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of your violation of this agreement including, but not limited to, infringement of any copyright or violation of any proprietary or privacy right.
RESTRICTIONS ON USE
Except as otherwise permitted by Allergan, no materials from Allergan Access, or any site owned, operated, licensed, or controlled by Allergan, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on Allergan Access for non-commercial use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of Allergan Access for public or commercial purposes, including any text, images, audio, or video without Allergan or its affiliate's (including Third Party Service Providers) permission.
TRADEMARKS AND COPYRIGHTS
Allergan Access is owned by Allergan or its affiliates (including the Third-Party Service Providers) and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Allergan or its affiliates, licensors or agents (including the Third-Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Allergan. Nothing contained in Allergan Access should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Allergan Access without the written permission of Allergan or such third-party that may own the trademarks displayed on Allergan Access. Your use of the trademarks displayed on Allergan Access, or any other content in Allergan Access, except as provided herein, is strictly prohibited.
GOVERNING LAW
The OSA, and all future agreements you may enter into with Allergan, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California, without regard to conflicts of law principles thereof. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Orange, California. If any part of the OSA is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
CLICK "ACCEPT" FOR YOUR SIGNATURE
As noted above in the Consent to Electronic Records section, by clicking "Accept," you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement's terms and conditions.
When you click "Accept", you will be consenting to electronic delivery of the OSA and the Records and Disclosures in HTML format. To access, retain, and print the OSA, you should use a Netscape™ Navigator 4.0 or Microsoft™ Internet Explorer 4.0 browser or higher with Java Script enabled.
CONSENT TO ELECTRONIC RECORDS
By clicking "Accept" you will also be providing your electronic signature that will affirm:
* You understand and intend that the OSA is a legally binding agreement and the equivalent of a signed, written contract; and
* You have received, understand, and accept the OSA and its terms and conditions, and acknowledge and demonstrate that you can access the OSA and other Records and Disclosures on our Web site.
If you do not agree with the terms and conditions in the OSA, please do not select "Accept" and you will exit the registration process. You should be aware, however, that the use of our Web site is subject to the terms and conditions of the OSA. This Agreement will always be available for your review as a link at the bottom of the Allergan Access home page. If you click "Accept", we will create an electronic record of your agreement and you will be able to continue with the registration process. Please carefully review the following terms and conditions.
REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES
Allergan may revise the OSA at any time and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the Allergan Access home page periodically to review the most current terms and conditions.
For your protection, and the protection of our other customers and Web site users, as well as Allergan, you agree not to facilitate the access and/or unauthorized use of Allergan Access in any way, including but not limited to sharing your registration information (including passwords, usernames, and screen names) with any person outside of your practice.
ALLERGAN'S LICENSE TO YOU
Allergan grants you a single, non-exclusive, non-transferable and limited personal license to access and use Allergan Access. This license is conditioned on your continued compliance with the terms and conditions in the OSA. The term of the license will continue as long as you are a subscriber. In the event Allergan determines, in its own discretion, that you are in violation of the compliance requirements of this agreement, we reserve the right to terminate your subscription at any time.
We will notify you within thirty (30) days of the expiration of your annual subscription of your opportunity for renewal. The notification will be sent by emailing you at the address provided at the time of your registration. We agree to not use your email address for any form of advertising, mass marketing campaigns, nor will we sell your email address for any other purpose.
USE OF THIRD-PARTY SERVICE PROVIDERS
Allergan may use third-party service providers to assist in providing certain services with or without notice to you (each, a "Third-Party Service Provider"). You consent and authorize Allergan to delegate the authorizations you provide to Allergan to its Third-Party Service Provider(s) as Allergan deems necessary or desirable to provide the applicable Allergan Access services to you. You agree that the terms and conditions of the OSA, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third-Party Service Providers, and such Third-Party Service Providers are deemed to be third-party beneficiaries of the OSA, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement. You also agree that all references to Allergan within the OSA and any incorporated terms are also deemed to include, where applicable, Allergan's agents, such as the Third-Party Service Providers.
To protect the privacy and security of your personal information, Third-Party Service Providers will only be authorized to use or maintain your personal information in accordance with Allergan's privacy policy.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to accept all communications from us regarding the use of Allergan Access at the electronic mail address you provide during registration. You agree that, when in the future you click on an "Accept," "I Consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
USE OF ALLERGAN ACCESS
The following requirements apply to your use of Allergan Access:
* You will not use any electronic communication feature of Allergan Access for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
* You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
* You will not upload, post, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
SECURITY OF DATA TRANSMISSIONS AND STORAGE
Electronic (including wired and wireless) communications through Allergan Access may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications, and personal data, may be accessed by unauthorized third-parties when communicated between you and Allergan, or between you and other parties.
MONITORING BY ALLERGAN
Allergan, its affiliates and agents are entitled, but not obligated, to review or retain your communications. We may monitor your communications to evaluate the quality of service you receive, your compliance with the OSA, the security of Allergan Access, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Allergan or its Third-Party Service Providers monitor your communications and enforce or fail to enforce the rules and guidelines of Allergan Access and the terms of the OSA. In no event will Allergan or its Third-Party Service Providers be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of any monitoring activities.
DISCLAIMERS OF WARRANTIES
Although Allergan tries to provide accurate and timely information through Allergan Access, there may be inadvertent technical or factual inaccuracies and typographical errors. Allergan reserves the right to make changes and corrections at any time, without notice. The information provided through Allergan Access is provided "as is" and "as available." Allergan does not warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items contained in Allergan Access. Allergan provides no guarantee against the possibility of deletion, miss-delivery, or failure to store communications, personalized settings, or other data. Allergan expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in Allergan Access at any time and makes no commitment to update the information contained in Allergan Access. You assume the entire risk as to the use of Allergan Access.
Further, Allergan makes no warranties regarding Allergan Access. Allergan and its affiliates and agents (including Third-Party Service Providers) disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You may have other rights, which vary from state to state.
Any material downloaded or otherwise obtained through the use of Allergan Access is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Allergan or through or from Allergan Access will create any warranty not expressly stated in these terms.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree to indemnify and hold Allergan and its affiliates, agents, employees, and licensors (including the Third-Party Service Providers) harmless from any claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of your violation of this agreement including, but not limited to, infringement of any copyright or violation of any proprietary or privacy right.
RESTRICTIONS ON USE
Except as otherwise permitted by Allergan, no materials from Allergan Access, or any site owned, operated, licensed, or controlled by Allergan, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on Allergan Access for non-commercial use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of Allergan Access for public or commercial purposes, including any text, images, audio, or video without Allergan or its affiliate's (including Third Party Service Providers) permission.
TRADEMARKS AND COPYRIGHTS
Allergan Access is owned by Allergan or its affiliates (including the Third-Party Service Providers) and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Allergan or its affiliates, licensors or agents (including the Third-Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Allergan. Nothing contained in Allergan Access should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Allergan Access without the written permission of Allergan or such third-party that may own the trademarks displayed on Allergan Access. Your use of the trademarks displayed on Allergan Access, or any other content in Allergan Access, except as provided herein, is strictly prohibited.
GOVERNING LAW
The OSA, and all future agreements you may enter into with Allergan, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California, without regard to conflicts of law principles thereof. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Orange, California. If any part of the OSA is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
CLICK "ACCEPT" FOR YOUR SIGNATURE
As noted above in the Consent to Electronic Records section, by clicking "Accept," you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement's terms and conditions.