Acceptance of Agreement. Your access to and use of
the Bristol-Myers Squibb Company website (the “Site”) is subject
to the following terms and conditions and all applicable laws.
By accessing and browsing the Site, you accept and agree to,
without limitation or qualification, the terms and conditions
and acknowledge that any other agreements between you and
Bristol-Myers Squibb are superseded and of no force or effect
with respect to your access and use of the Site.
Scope
of Use. Bristol-Myers Squibb maintains the Site for
your personal information, education, and communication. Please
feel free to browse the Site. You 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, however, distribute, modify,
transmit, reuse, repost or use the content of the Site for
public or commercial purposes, including the text and images,
without Bristol-Myers Squibb's written permission. You understand
that Bristol-Myers Squibb makes no representation that the
information in the Site is appropriate or available for use
in locations outside of the United States, and access to the
Bristol-Myers Squibb Company Site from territories where the
content of the Site may be illegal or inappropriate is prohibited.
Those who choose to access the Site from other locations do
so on their own initiative and are responsible for compliance
with applicable local laws.
No
Medical Advice. The Site does not provide medical
advice. With limited exception, Bristol-Myers Squibb products
are available only by prescription from a licensed health
care professional. Bristol-Myers Squibb is not engaged in
rendering medical or similar professional services or advice,
and the information provided on the Site is not intended to
replace medical advice offered by a health care provider.
If you desire or need such services or advice, you should
promptly consult a physician or professional health care provider.
Product
Information. The product information provided on
the Site is intended only for residents in the United States.
The Site and its links may, however, contain information about
products that may or may not be available in any particular
country, territory or region of the world (including the United
States), may be available under different trademarks in different
countries and, where applicable, may be approved or cleared
by a government regulatory body for sale or use with different
indications and restrictions in different countries. You should
not construe anything on the Site as a promotion or solicitation
for any product or service or for the use of any product or
service that is not authorized by the laws and regulations
of the country where you are located, including the United
States. For specific information about particular products,
you should refer to the full prescribing information as approved
by the relevant governmental authority of the country where
you are located. The prescribing information provided here
is based on United States labeling and may not be appropriate
outside of the United States.
Copyright
Protection. 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 and
conditions or in the text on the Site without the written
permission of Bristol-Myers Squibb. Bristol-Myers Squibb neither
warrants nor represents that your use of materials displayed
on the Site will not infringe rights of third parties not
owned by or affiliated with Bristol-Myers Squibb.
Trademarks.
The trademarks, trade names, logos and service marks (collectively
the "Trademarks") displayed on the Site are registered and
unregistered Trademarks of Bristol-Myers Squibb and others.
Nothing contained on the Site should be construed as granting,
by implication, estoppel or otherwise, any license or right
to use any Trademark displayed on the Site without the written
permission of Bristol-Myers Squibb or such third party that
may own the Trademarks displayed on the Site. Your use of
the Trademarks displayed on the Site, or any other content
on the Site, except as provided in these terms and conditions,
is strictly prohibited. You are also advised that Bristol-Myers
Squibb will aggressively enforce its intellectual property
rights to the fullest extent of the law, including the seeking
of criminal prosecution.
Exclusion
of Warranty. While Bristol-Myers Squibb uses reasonable
efforts to include accurate and up-to-date information in
the Site, Bristol-Myers Squibb makes no warranties or representations
as to its accuracy. Bristol-Myers Squibb assumes no liability
or responsibility for any errors or omissions in the content
of the Site. Without limiting the foregoing, everything on
the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 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.
Limitation
of Liability. Your use of and browsing in the Site
are at your risk. Neither Bristol-Myers Squibb nor any other
party involved in creating, producing or delivering the Site
is liable for any direct, incidental, consequential, indirect
or punitive damages arising out of your access to, or use
of, the Site. Bristol-Myers Squibb assumes no responsibility,
and shall not be liable for, any damages to, or viruses that
may infect, your computer equipment or other property on account
of your access to, use of, or browsing in the Site or your
downloading of any materials, data, text or images from the
Site.
Prohibited
Transmissions. Certain areas of the Site may enable
you to access online forums and to submit e-mails, or otherwise
provide feedback to Bristol-Myers Squibb. Bristol-Myers Squibb
does not endorse, and specifically disclaims, any responsibility
or liability for any content in these fora. You may not post
or transmit any unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane material
or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to
civil liability or otherwise violate any law. In addition,
you are prohibited from posting or transmitting any information
which (a) infringes the rights of others or violates their
privacy or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the express
written permission of the owner of such right, (c) contains
a virus, bug or other harmful item, or (d) is used to unlawfully
collude against another person in restraint of trade or competition.
You shall be solely liable for any damages resulting from
any infringement of copyright, trademark, or other proprietary
right, or any other harm resulting from your use of the Site.
User
Submissions. Any “personally identifiable information”
in electronic communications to the Site is governed by the
Site's Privacy Policy. On the other hand, any communication
or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments,suggestions
or the like is, and will be treated as, non-confidential and
non-proprietary. You understand that anything you transmit
or post may be used by Bristol-Myers Squibb or its affiliates
for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, Bristol-Myers Squibb is free to use any ideas,
concepts, know-how, processes, or techniques contained in
any communication you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing,
marketing, and selling products and service using such ideas,
concepts, know-how, processes, or techniques.
Links
to Other Sites. Bristol-Myers Squibb has not reviewed
all of the sites linked to the Site and is not responsible
for the content of any off-site pages or any other sites linked
to the Site. Your linking to any other off-site pages or other
sites is at your own risk. Once you link to another site,
please be sure to review the legal notice and privacy policy
of the new site. It may be different from those governing
the Site.
Governing
Law. This agreement and its performance shall be
governed by the laws of the state of New Jersey, United States
of America, without regard to its conflict of laws provisions.
You consent and submit to the exclusive jurisdiction of the
state and federal courts located in Mercer County, the state
of New Jersey, United States of America, in all questions
and controversies arising out of your use of the Site and
this Agreement. To the extent allowed by applicable law, any
claim or cause of action arising from or relating to your
access or use of the Site must be brought within two (2) years
from the date on which such claim or action arose or accrued.
Modification
of Agreement. Bristol-Myers Squibb may, at any time,
revise the terms and conditions of this agreement governing
use of the Site. If any terms and conditions contained in
this Legal Notice are changed, the amended notice will be
posted on the Site. You are bound by any such revisions and
should, therefore, periodically review these terms and conditions.
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