Sigma-Tau Healthscience USA, Inc.
Terms and Conditions of Use
Sigma Tau Healthscience USA's website, www.healthscienceusa.com is linked through www.vsl3.com. To assist you in using our Website and to
explain the relationship arising from your use of our Website and the
information, products, and services offered through it, we have created these
"Terms"). Our Terms apply to: (i) visitors to our
Website who wish to learn more about us and our products through our Website;
and (ii) our customers. These Terms only apply to your use of the
Website, and receipt of information and services through the Website. These
Terms do not apply to information, products, and services that you obtain from
us through other means. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU
USE OUR WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.
Obtaining a Password; Use of Your Password. We may make certain areas of our
Website accessible only to users that have a username and password. If we
do so, and if you obtain a username and password, please keep in mind that we
will treat anyone who uses your username and password as "you." We
will provide this user with all of the rights and privileges that we provide to
you, and we will hold you responsible for user activities associated with your
username and password. We therefore recommend that you maintain your username
and password in confidence, and that you refrain from disclosing this
information to anyone who might "pretend" to be you with respect to
your use of our Website. We also recommend that you notify us immediately if
you suspect that someone is using your username and password in this manner.
We provide a variety of products and services that are not available through
to products or services you obtain from us through other means. Please contact
us as set out in Section 24 (Contact Us) if you have any questions.
Reservation of Rights. All information, software, artwork, trademarks, text,
video, audio, pictures, logos, and other content on the Website or embodied in
our products and services, including all associated intellectual property
rights (collectively, the "Website Content"), is the property of
Sigma-Tau Healthscience USA, Inc. and its licensors, or is used under
principles of fair use. We retain all rights with respect to the Website and
Website Content except those expressly granted to you in Section 4 (Grant of
Rights to All Users). The term "Website Content" expressly
excludes Submitted Content.
The term "Submitted Content" means information that you submit to our
Website including, but not limited to: (i) reviews you provide on our Website;
(ii) feedback, comments and suggestions you provide to us through the Website;
(iii) questions or comments that you provide to us; (iv) images and audiovisual
files that you provide to us; and (v) any other information or materials you
provide to us or post directly or indirectly on our Website. The term
"Submitted Content" expressly excludes Personal Information, as set
material you submit for posting on the Website.
Grant of Rights in Submitted Content. By providing Submitted Content, you authorize us to copy,
modify, display, distribute, perform, use and otherwise exploit the Submitted
Content in any manner, without compensation to you and for so long as we deem
warranted (collectively, the "Use Rights"). In addition, you
authorize us to grant any third party some or all of the Use Rights. By way of
example, and not limitation, the Use Rights include the right for us to publish
Submitted Content on our Website in whole or in part, and whether cropped,
adopted, altered or otherwise manipulated, for as long as we choose.
Requisite Permission for Providing Submitted Content. By providing Submitted
Content, you represent and warrant that you own such Submitted Content
(including any copyright and other intellectual property rights therein), or
that you have obtained sufficient authority and right in and to the Submitted
Content in order to provide the Use Rights. For example, by emailing us a
testimonial of your experience with our products along with a photo of that
experience, you represent and warrant to us that you have obtained the
necessary permission from anyone appearing in the photograph to grant us the
Use Rights in the photograph.
Submitted Content Containing Personal Information. If you provide Submitted
Content to the Website, by way of electronic mail or otherwise, we will treat
such Submitted content as non-confidential and non-proprietary to you.
Submitted Content that you provide to us for posting on the Website or post
directly on our Website may, once posted, be publicly available to anyone
accessing our Website. Although we may review Submitted Content prior to
using it, we make no representations or warranties regarding any Submitted
Content or our review of such Submitted Content. In addition, any
Personal Information that is included in Submitted Content will be treated as
public Submitted Content and is expressly excluded from the definition of
"Personal Information." For example, you may include your name,
mailing address, and email address in a product review. This information will
be publicly available, and will no longer qualify as Personal Information. As
such, please use discretion when including Personal Information and other
details in Submitted Content you provide to us.
Right to Decline Submitted Content. We expressly reserve the right to
refuse to use (or to disable or remove) Submitted Content that we conclude, in
incompatible with the purposes of our Website.
Code of Conduct; Revocation or Suspension of Use Privileges. By using our
Website, you agree to comply with these Terms, and to follow our Code of
Conduct, which is set out below. Under this Code, you shall not:
Use the Website in a manner that could disable, overburden or impair the
Website or interfere with any other parties' use and enjoyment of the Website.
Seek to obtain access to material or information that we have not intentionally
made available to you on the Website through "hacking," "scraping,"
or other means.
Submit material that is intentionally false, defamatory, threatening or
Transmit material through the Website that you know or should know contains
viruses, Trojan horses, worms, time bombs, cancelbots, or other
computer-programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
We reserve the right at
any time to terminate or suspend your use of some or all of the Website if you
engage in activities that we conclude, in our sole discretion, breach our Code
Links to Third-Party Sites. Our Website may contain links or references
to other websites. We have no control over these other sites or their
content and do not assume responsibility or liability for any content, opinions
or material available on them. We do not endorse the content of any third-party
site, nor do we warrant that a third-party site will be free of computer
viruses or other harmful code that can impact your computer or other web-access
device. If you link to any third-party site through the Website, please
be aware that you are doing so at your own risk. We encourage you to
site and any information that they collect.
Disclaimer of Endorsements; Information Accuracy. The information made available
through the Website (including, but not limited to, Submitted Content provided
by other users), is made without any endorsement of any kind by Sigma-Tau
Healthscience USA, Inc. In addition, while we may review information
before it is posted on our Website, we do not undertake to validate the
accuracy and timeliness of this information.
We do not promise that the Website will be error-free, uninterrupted, or
without inaccuracies. The Website is provided on an "AS IS" and
"AS AVAILABLE" basis. We do not represent or warrant that the
Website or files you download from the Website will be free of viruses,
inaccuracies, or other harmful features. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, SIGMA-TAU HEALTHSCIENCE USA, INC. DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY
AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED
TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL SIGMA-TAU HEALTHSCIENCE USA,
INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF,
OR ARE RELATED TO, YOUR USE OF THE WEBSITE. IN NO EVENT SHALL SIGMA-TAU
HEALTHSCIENCE USA, INC.'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR
CLAIM RELATED TO OR ARISING OUT OF YOUR USE OF OR ACCESS TO THE WEBSITE EXCEED
You agree to defend, indemnify, and hold SIGMA-TAU HEALTHSCIENCE USA, INC. and
its subsidiaries, affiliates, officers, directors, agents and employees
harmless from any liability to third parties, including reasonable attorneys'
fees, arising from or related to your breach of these Terms or a claim that
Submitted Content or other material that you provide to us violates rights held
by a third party.
Contact for Alleged Copyright Infringement. We respect the intellectual
property rights of others and require that our users do the same. If you
believe that any content available on our Website or any other activity taking
place on the Website constitutes infringement of a work protected by copyright
law, please notify our agent, designated under the Digital Millennium Copyright
Act (17 U.S.C. § 512) (the "DMCA") to respond to such concerns, as
Boulevard, Suite 502
Your notice must comply
with the DMCA. Upon receipt of a proper notice, we will respond and
proceed in accordance with the DMCA.
Additional Terms for Certain Products. We may offer certain products on our
Website that are subject to additional or different terms and conditions. We
will notify you if the service you are using on the Website is subject to terms
and conditions that differ from these Terms and you may decline to participate
in such services if you do not agree with the differing terms and conditions.
Monitoring Website Use. You agree that we have the right and discretion
to monitor any activity and content associated with our Website. We may
to the Website, and may take any action that we believe is appropriate
including, but not limited to, removing materials from the Website and
terminating/suspending your access to the Website.
Modifications to these Terms. If we modify these Terms, then such
modifications shall take effect proactively, upon your subsequent access to the
Website. You may print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part.
We reserve the right to assign the rights and obligations under these Terms for
any reason and in our sole discretion.
The term "Personal Information" has the meaning set out in our
Submitted Content. The term
"Submitted Content" has the meaning set out in Section 6 (Submitted
Content. The term "Website Content" has the meaning set out in
Section 5 (Ownership; Reservation of Rights).
These Terms shall be governed in all respects by the laws of the State of
Maryland, without giving effect to its conflicts of law provisions. Both
parties submit to the personal jurisdiction of and venue in, the state and
federal courts sitting in the judicial district that includes Gaithersburg,
Maryland. The parties further agree that any cause of action arising under
these Terms shall exclusively be brought in such courts. If any provision of
these Terms is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Headings are for
reference purposes only and in no way define, limit, construe, or describe the
scope or extent of such section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
Claims Against Other Users. You agree that in the event that you have any
right, claim or action against visitors or other users of our Website arising
out of that person's use of the Website, then you will pursue such right, claim
or action independently of and without recourse to us.
The following provisions shall survive the termination of these Terms and shall
5 (Ownership; Reservation of Rights)
6 (Submitted Content)
9 (Disclaimer of Endorsements;
10 (Warranty Disclaimer)
12 (Limitation of Liability)
Please refer to
Section 14 (Contact for Alleged Copyright Infringement) above if you wish to
contact our DMCA agent about matters related to possible copyright
and Conditions of Sale. In the event of a conflict, these documents shall have
your use of our Website. These Terms, the Terms and Conditions of Sale and the
us with respect to the subject matter hereof and supersede any prior or
contemporaneous understanding, whether written or oral.
TERMS APPLICABLE TO ALL
Acceptance of Terms and No Modifications. All orders are subject to acceptance
by Seller and are expressly limited to Buyer's acceptance of these Terms and
Conditions, which is evidenced by Buyer's submission of this Order. It is a
condition of this Order that any provisions printed or otherwise contained in
any acknowledgment or acceptance of this Order that are inconsistent with or in
addition to these Terms and Conditions shall have no force or effect, unless
they are separately and specifically agreed to by Buyer in writing.
Product Prices and Payments. Prices for the products are as indicated on
Seller's website (see special terms below regarding retail pharmacies).
Shipments and Delivery. Title and risk of loss will pass to Buyer at the time
products are delivered to Buyer's address. Delivery of all products shall be
deemed to be made in full and in good condition unless Seller's customer
service department is notified within 7 days from the date of shipment from
Seller. All claims for errors, damages, discrepancies, and shortages must be
reported to Seller's Customer Service department by telephone at 866-438-8753
or email, email@example.com within 2 business days from the date of
receipt. Because Seller must adhere to quality assurance standards, in most
cases Seller does not accept returns or exchanges of refrigerated products and
therefore will not refund your purchase. However, if the product was damaged
during shipping or if there was an error related to your order a refund may be
applied if it's determined to be Seller's mistake.
Warranty Disclaimer. The Seller makes no express or implied warranties,
including but not limited to warranties of merchantability and fitness for a
Payments. Payments not made by credit card are due upon receipt of invoice and
not date of receipt of goods. Stenographical, clerical or computer errors on
any invoice are subject to correction by Seller.
Agency or Attorney Fees. Any collection agency or attorney's fees incurred by
Seller to collect a delinquent balance shall be paid by Buyer on demand.
Governing Law. The parties to this Order shall be governed by the laws of the
State of Maryland, USA, without regard to its conflicts of law principles. The
parties agree that any dispute arising out of this order shall be exclusively
decided by a Maryland state or federal court, as has subject matter
Mistakes in Information. See #3 under Additional Terms Applicable to Pharmacies and Retailers.
Cancellation. Cancellation or modifications of Orders are subject to
Seller's written consent. Buyer will be charged for all expenses incurred and
damage sustained by Seller on account of any cancellation or modification of an
10. Limitations of
Liability. In no event will Seller be liable for any indirect, special,
incidental, exemplary or consequential damages, regardless of the form of
action, whether in contract, tort or otherwise, even if Seller has been advised
of the possibility of such damages.
Buyer acknowledges that it/he/she has not been induced to purchase any products
from Seller by any representation or warranty not expressly set forth in these
Terms and Conditions. These Terms and Conditions set forth the entire agreement
of the parties and supersede all prior agreements, written and oral, with
regard to this Order. None of these Terms and Conditions may be added to,
modified, superseded, or otherwise changed, except by a written document signed
by an authorized representative of Seller that specifically references these
Terms and Conditions and states that it modifies them. No waiver by Seller of
any of these Terms and Conditions will be effective unless made in a written
document signed by an authorized representative of Seller that specifically
references these Terms and Conditions and states with specificity the provision
being waived. If any provision of these Terms and Conditions is held to be
unenforceable, the provision will be changed and interpreted to accomplish the
objectives of the provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and
APPLICABLE TO PHARMACIES AND OTHER RETAILERS
Prices and Payments. Prices for the products shall be indicated on the front of
Seller's invoice and include shipping cost for products in transit. All taxes
and other charges imposed by federal, state, local, municipal authorities or
foreign governments on the manufacture, sale import, export or use of the goods
or services shall be paid by Buyer.
with Law. Each party represents that it is in compliance with and covenants to
comply with all applicable statutes, laws, ordinances, codes, orders, rules,
regulations, proclamations, and other governmental requirements in connection
with this Order. Buyer shall bear sole responsibility for obtaining all
permits, licenses, and authorizations required to be obtained by any
governmental authority to distribute the products.
3. Mistakes in Information. Stenographical, clerical or computer errors on the face side of any
invoice are subject to correction by Seller.