Terms of Use

LEGAL DISCLAIMER

This website is created and controlled by Octapharma Plasma, Inc. (“Octapharma Plasma”).

By using this website you agree to abide by the terms and conditions set out below (“Terms”). If you do not agree to abide by these Terms do not use this website.

Intellectual Property Rights

This website and all pages and materials related therein, including but not limited to information, text, images, photos, illustrations, trademarks, designs, icons, photographs, videos messages, advertisements, and other content or materials that appear as part of this website (collectively, the "Content") are subject to copyright, trademark, trade dress and/or other intellectual property rights owned, controlled, licensed or used with permission by Octapharma Plasma. Except as specifically outlined below, nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark or copyright of Octapharma Plasma or any third party. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content except for your own personal, non-commercial use.

All trademarks, logos, slogans, designs, images, product and company names referred to in this website are the property of their respective owners and should not be used in whole or in part in any jurisdiction without the prior written consent of its owner. Nor should any graphic that is substantially similar to any trademark, logo or name referred to on this website be so used.

Octapharma Plasma holds all intellectual property rights in relation to all products and or services referred to on this website, unless otherwise indicated to the contrary. No representations should be made in relation to the manufacture, sale or distribution of Octapharma Plasma products or services except with the prior written consent of Octapharma Plasma.

Copyright Protection

Copyright in this website and all Content contained on this website is owned by Octapharma Plasma, unless otherwise indicated. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to this website or any Content.

Octapharma Plasma reserves all rights in the content and design of this website. Unless permitted in writing by Octapharma Plasma, you may not reproduce, use or copy this website or any Content for any purpose other than for your personal, noncommercial use. You may not use commercially any information, products or services on this website and you may not cause any of the Content on this website to be framed or embedded into another website without written permission from Octapharma Plasma.

No Warranties or Representations

THIS WEBSITE AND THE CONTENT, PRODUCTS, SERVICES, FUNCTIONS, SOFTWARE, PROGRAMS, INFORMATION AND MATERIALS MADE AVAILABLE OR ACCESSED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

To the fullest extent permissible by law, Octapharma Plasma expressly disclaims all representations and warranties, express or implied, in connection with or in respect of this website, the Content or materials on this website, information and functions made accessible or accessed through this website, and/or the products or services referred to on it - including, without limitation any representations or warranties of any kind in relation to:

  • the accuracy, reliability, security, quality, availability or completeness of this website or the Content contained in this website;
  • the accuracy, reliability, security, quality or completeness of any information contained in any website hyperlinked to this website;
  • the functions, software, third party applications, programs and/or devices contained in or accessed through this website, including without limitation that they will function uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components;
  • the therapeutic or other qualities of any products or services manufactured, supplied or distributed by Octapharma Plasma;
  • any performance results specified in this website in respect of any products manufactured, supplied or distributed by Octapharma Plasma or its related entities.

The Content on this website is provided on the basis that all persons accessing the website undertake the responsibility for assessing the accuracy and completeness of the Content and that they rely on it entirely at their own risk. Octapharma Plasma (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) does not accept any liability for loss or damages incurred by any person as a result of reliance placed upon the Content of this website or any other information incorporated by reference.

User Content

These Terms apply to each visitor to and user of this website, including unregistered and registered users (individually "User" and collectively, "Users"). Octapharma Plasma has no duty to pre-screen content posted on the website by Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User, including, without limitation, postings, messages, testimonials, text, files, images, photos, forum or blog or any other content provided by a User to this website ("User Content").

All User Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. You understand that Octapharma Plasma does not control, and is not responsible for User Content made available through this website and specifically disclaims any liability related thereto. All Users represent and warrant that they own or otherwise control and have all legal rights to the content submitted by them and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User Content.

Octapharma Plasma further reserves the right to decline to permit the posting on this website or to remove from this website, any User Content that violates the Terms, any applicable law or regulation or any guidelines posted on this website, each as determined in Octapharma Plasma’s sole discretion. Finally, Octapharma Plasma reserves the right (but does not assume the obligation) to edit User Content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.

User Content shall not: (a) infringe anyone’s rights, violate the law or otherwise be inappropriate; (b) include personal information that can be used to identify or contact any person without that person’s explicit consent; (c) include promotional content that would promote other websites, businesses, services or products unaffiliated with the website without our express permission; (d) be unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy; (e) be obscene, abusive, discriminatory or illegal; (f) be false or misleading; (g) contain any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the website or the proper functioning of any software, hardware, equipment or materials used in connection with this website; or (h) be bulk unsolicited advertising, promotional information, email, or other solicitation, including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort.

Although Octapharma Plasma does not claim ownership of User Content, you grant Octapharma Plasma and its affiliates and related entities an irrevocable, perpetual, non-exclusive right to use, copy, perform, display and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You also grant Octapharma Plasma the ability to copyright and protect the User Content, including the images, copy, and content, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist Octapharma Plasma, at our expense and control, to protect such copyrighted material from unauthorized redistribution.

Indemnity

You agree to defend, indemnify and hold harmless Octapharma Plasma, its affiliates, licensors, related entities 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 or your use of this website, including, but not limited to, your User Content, any use of the website’s Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from this website.

Limitation of Liability

In no event shall Octapharma Plasma (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profit earnings, or lost opportunities, arising out of or in any way connected with (i) this website, (ii) these Terms, (iii) any breach of these Terms by you or a third party, (iv) the use or performance of our products or services, (v) any User Content and/or (vi) interaction between this website and any third party website, including without limitation social media sites. These limitations and exclusions apply without regard to whether the damages are based on contract, tort, negligence, strict liability or otherwise even if Octapharma Plasma has been advised of the possibility of damages.

Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited as provided under s 68A of the Trade Practices Act 1974 (Cth).

Governing Law and Jurisdiction

All matters relating to this website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

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 THIS WEBSITE MUST BE COMMENCED IN NORTH CAROLINA WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Third Party Websites and Applications

As a convenience to you, Octapharma Plasma may provide, on this website, links to websites and applications operated by other entities (“Linked Sites”). If you use these Linked Sites, you will leave this website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. If you link to, or are redirected to a Linked Site, you should read that Linked Site’s privacy policy before disclosing any personal information.

This website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the website, send e-mails or other communications with certain content, or links to certain content, on this website, or cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Octapharma Plasma and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Octapharma Plasma (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.

Links do not imply that Octapharma Plasma is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Octapharma Plasma.

All links to this website must be approved by Octapharma Plasma. Octapharma Plasma reserves the right to revoke this consent to link at any time in its sole discretion.

Social Media Websites

If this website offers a product or service which allows you to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a " Social Media Site ") and you decide to use such a product or service, you acknowledge and agree that: (i) the information or content that are a part of your Social Media Site profile, which you have designated as "public" (or a similar designation) (with such information or content and referred to herein as "Social Media Content") may be accessed and used by us in connection with the Site; (ii) the Social Media Content will be considered "User Content" under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to User Content under these Terms; (iii) in the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and (iv) the operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.

Medical and Health Information

This website may contain information on medical and health-related topics. All information provided on this website, or through links to other third party websites, is for informational purposes only and is not a substitute for obtaining proper medical, legal or other professional care or services. You should never take any action based upon any information contained on this website without seeking independent professional advice from a person who is licensed and/or knowledgeable in the applicable field. Furthermore, you should not use this information for diagnosing a health problem or disease but should always consult your own physician.

Geographic Restrictions

Octapharma Plasma is based in the United States and provides this website for use only by persons located in the United States. Octapharma Plasma makes no claims that this website or any of its Content, information, products or services on or accessed through this website are authorized, available, accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on our own initiative and you are responsible for compliance with local laws.

Privacy Protection

All information we collect on this website is subject to our Privacy Policy at https://www.octapharmaplasma.com/privacy_statement/. By using this website, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

Amendments to this website and Terms

Octapharma Plasma reserves the right to make changes, modifications, additions, deletions and corrections to this website, and any service or material provided on the website, at any time and without notice. Octapharma Plasma may also withdraw access to this website at any time without notice. From time to time, we may restrict access to some parts of this website, or the entire website, to Users.

For further information contact us at +1 704-654-4600.

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