Effective July 1, 2020
These Terms may be modified from time to time in the sole discretion of Mediply without advance notice to you. Mediply shall notify you of such changes by posting the modified Terms on the Site. By accessing or using this Site or any Services, it means you acknowledge that you have read, understood, accepted and agreed to be legally bound by the most recent version of the Terms.
Territory; Void Where Prohibited
Although accessible by others, the information on the Mediply Site and Services is intended for use by residents of the United States only, and Mediply makes no representation, warranty, or guaranty that the Site, Services or information are appropriate for use in any other jurisdiction. A reference to a Mediply product on this Site or the Services does not mean that such product is or will be available in your country, where it may be subject to different regulations and conditions of use and where it may not be approved for marketing, sale, or use by the applicable regulatory authority. Each country may have its own laws and regulations concerning the products Mediply sells and, if provided, you should always rely on such local laws and regulations. Mediply reserves the right to limit provision of products or services to any person, geographic region or jurisdiction. Any offer for any product or service made on this Site or through the Services is void where prohibited. However, this Site may link to other sites produced by Mediply’s affiliates, some of which are outside the U.S. Those sites may have information that is appropriate only to the particular originating country or region where the site is based. Nothing on any linked site should be construed as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.
Health Information; No Medical Advice by Mediply
Mediply does not provide any medical advice through the Site or Services. The information contained in this Site is for general guidance on matters of interest only and shall not be a substitute for professional advice, including but not limited to medical advice. This Site or the Services may contain information related to various health and medical conditions and products that may be used as part of their treatment. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained on this Site or the Services for diagnosing a health problem or disease. You should always consult a medical professional, such as a physician or a pharmacist, to determine what courses of treatment, if any, may be appropriate for you or if you have any questions regarding a medical condition or stopping, starting or modifying any treatment.
The Site and Services may provide links to independent third-party service providers, including third parties that may facilitate the provision of or provide telemedicine services or access to health care providers (each, a “Third-Party Provider” and collectively, “Third-Party Providers”). Such Third-Party Providers are not agents, employees or affiliates of Mediply. Any information or advice received from a Third-Party Provider comes from the Third-Party Provider alone and not from Mediply. Mediply is not responsible for, and disclaims all liability for telemedicine services, which are provided solely by Third-Party Providers in accordance with the applicable Third-Party Provider’s policies and terms, and Mediply shall not be liable for any information or advice obtained from a Third-Party Provider.
The content of the Site and Services, including all information, materials, text, documents, images, audio, video, computer code, software and any other content is the property of Mediply and/or applicable third parties and is protected by applicable intellectual property laws. Any rights not expressly granted are reserved. You are permitted to view the Mediply Site and Services on your computer or mobile device and print copies of extracts for your personal use only. Except as expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish, or transfer any part or all of the contents of the Site and Services or create any derivative work based on such content without the prior written permission of Mediply. The use of this Site and its content is permitted for private, non-commercial use only. Unless consented to in writing by Mediply, redistribution of all or part of this Site or the Services for commercial use is strictly prohibited. Nothing contained in these Terms or through your access and/or use of the Services shall be construed as conferring any license to you under any patent, trademark copyright, trade secret or other intellectual property right of Mediply or any third party.
Disclaimer of Warranties
you expressly agree that use of the site, services and content is at your own risk. The site, services and contents are provided on an “as is” and “as available” basis. Mediply and its affiliates and their respective officers, directors, employees and agents (COLLECTIVELY “MEDIPLY PARTIES”) MAKE NO REPRESENATION OR WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SITE, SERVICES, AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, FUNCTIONALITY, SECURITY, OPERABILITY, and/or FREEDOM FROM VIRUSES OR MALWARE OR OTHER UNAUTHORIZED OR MALICIOUS CODE.
TO THE FULLEST EXTENT OF APPLICEABLE LAW, NEITHER MEDIPLY NOR THE MEDIPLY PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE SITE, SERVICES OR THEIR CONTENT. FURTHER, MEDIPLY does not warrant that its Site or Services will MEET YOUR NEEDS OR REQUIREMENTS OR be uninterrupted or free FROM ERROR, DEFECT, LOSS (INCLUDING LOSS OF DATA), DELAY, CYBER ATTACK, VIRUSES, INTERFERENCE, MALWARE OR ANY SECURITY INTRUSION OR BREACH, AND MEDIPLY DISCLAIMS ALL LIABILITY RELATED TO THE FOREGOING. Mediply reserves the right to revise, INTERRUPT, suspend, or discontinue the Site or Services or ANY CONTENT OR ANY ASSOCIATED FUNCTIONALITY AND/OR withdraw access to them at any time, for any or no reason and without notice. MEDIPLY DOES NOT ASSUME ANY RESPONSIBILTY TO UPDATE THE SITE, SERVICES OR CONTENT. BY USING THIS SITE AND/OR SERVICES, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE MEDIPLY, THE MEDIPLY PARTIES, AND THEIR THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC TREATMENT PLAN, PRODUCT OR COURSE OF ACTION. SUCH INFORMATION SHOULD NOT BE RELIED UPON FOR SPECIFIC MEDICAL ADVICE FOR ANY USER. MEDIPLY AND THE MEDIPLY PARTIES ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SITE OR SERVICES. YOU AGREE THAT YOUR USE OF THIS SITE OR THE SERVICES AND/OR YOUR RELIANCE UPON ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SITE OR SERVICES IS AT YOUR SOLE RISK. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
Limitation of Liability
IN NO EVENT WILL MEDIPLY, THE MEDIPLY PARTIES OR ANY PARTY INVOLVED IN PROVIDNG THE SITE, SERVICES OR CONTENT BE LIABLE TO YOU OR ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUTIABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE OR LOSS OF DATA, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS (INCLUDING DEATH), ARISING OUT OF OR IN CONNECTION WITH THE USE, MISUSE OF OR INABILITY TO USE THE SITE OR SERVICES OR ANY SITES LINKED FORM THE SERVICES OR YOUR RELIANCE ON ANY CONTENT OR INFORMATION PROVIDED BY THE SITE OR SERVICES, EVEN IF MEDIPLY OR THE MEDIPLY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF MEDIPLY AND THE MEDIPLY PARTIES WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Mediply and its affiliates and their respective directors, officers, agents, representatives, partners, licensors, employees, contractors, service providers, successors and assigns, from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees and any costs and expenses incurred in enforcement of this indemnity), relating to or arising from, or alleged to arise from, your use of the Site or Services or content, information, materials or features available on the Sites or Services, any breach or violation of these Terms, fraud, violation of law, or willful misconduct, or any transactions with other persons or third parties resulting from your use of the Site or Services.
Third-Party Sites and Information
Privacy; Site Policies
The Terms will remain in full force and effect for so long as you continue to access or use the Site or Services. Mediply may restrict, suspend, or terminate your access to and use of this Site or the Services at any time and for any reason, with or without prior notice. Provisions that survive termination of these Terms are those relating to intellectual property, disclaimer of warranties, limitations of liability, indemnification and governing law and others which by their nature are intended to survive.
Applicable Law, Severability, Waiver and Assignment
These Terms and your use of the Site and Services will be governed by the laws of the State of Michigan and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any dispute or litigation arising between you and Mediply and/or its affiliates arising under or relating in any way to the Site, Services or these Terms, and/or any and all related disputes, actions, claims, or causes of action, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of the County of Kent, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
All parts of these Terms shall apply to the maximum extent permitted by law. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified only to the extent necessary to be valid and enforceable. The invalidity of any part of these Terms will not affect the validity and enforceability of the remaining provisions and such remaining provisions shall remain in full force and effect. Section headings are for convenience only and will not affect interpretation of the Terms.
The failure of Mediply to enforce any provision set forth in these Terms shall not constitute a waiver of such right or provision. No waiver shall be implied from a failure of either party to exercise a right or remedy. No waiver of a party’s right or remedy will affect the other provisions of these Terms.
Mediply may assign its rights, duties and obligations under these Terms at any time and without notice to you. The Terms will be binding on and inure to the benefit of the successors and assignees of Mediply. You may not assign, transfer, or delegate the Terms or any of your rights under these Terms, and any such attempt will be void.
Mediply is a registered trademark of Perrigo Pharmaceuticals Company. Many of Mediply’s product names are either trademarks or registered trademarks of Perrigo Pharmaceuticals Company. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to this Site or Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Site or Services without the prior written consent of Mediply or the third-party owner thereof.
If you have any questions, please contact us at:
Mediply, PO Box 230153, Grand Rapids, MI 49523
Copyright 2020 Perrigo Pharmaceuticals Company.
All rights reserved