TERMS OF USE

 

BP PHARMACEUTICALS LABORATORIES COMPANY WEB SITE AGREEMENT


Your use of the Web Site is expressly conditioned upon your accepting and agreeing to these terms of use (“Terms of Use”).

 

A. WEB SITE AND AGREEMENT

 

BP Pharmaceuticals Laboratories Company ("BluePoint") maintains this web site and related websites that refer to these Terms of Use (the "Web Site") as a service to its customers, subject to your compliance with these Terms of Use. Because these Terms of Use constitute an agreement between you and BluePoint, they are sometimes referred to as “this Agreement” or simply “these terms.” Please read this Agreement carefully before accessing or using the Web Site. By using this Web Site you agree to be bound by the terms of this Agreement. If you do not wish to be bound by these terms, you may not access or use the Web Site and you must terminate your use immediately. Proceeding to use the Web Site indicates your acknowledgment that you have read and accepted these terms.

 

BluePoint may modify this Agreement at any time and from time to time, and such modifications will be effective immediately upon the posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications, and your continued access or use of the Web Site after any modification will be deemed your conclusive acceptance of the modified Agreement. You may print a copy of these Terms of Use for your records at any time by using the "print" function on your internet browser.

 

B. COPYRIGHTS

 

Copyright ©2013 BP Pharmaceuticals Laboratories Company. All rights reserved. The entire contents of this Web Site are copyrighted under copyright laws of the Republic of Ireland by BluePoint. No part of this Web Site may be reproduced, stored in a retrieval system, transmitted or retransmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of BluePoint. You may print and download portions of material from the different areas of the Web Site solely for your own informational, non-commercial, individual and internal reference, provided that you reproduce the copyright notice which appears in the first line of this Section on Copyrights.

 

Any unauthorized use of this Website terminates the permission or license granted by BluePoint.

 

C. USER PROVIDED INFORMATION AND USER GENERATED CONTENT

 

BluePoint does not want to receive confidential or proprietary information from you and, as such, any information you provide to BluePoint through the Web Site, such as questions, comments, suggestions, ideas, or the like will be provided without obligation of any kind, and BluePoint will be free to reproduce, use, disclose and distribute such information to others without limitation. You agree to grant to BluePoint a non-exclusive, royalty-free, worldwide, perpetual license, with the right to use, sublicense, reproduce, distribute, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas for new or improved products and services) you submit to BluePoint through the Web Site (including through e-mail, bulletin boards, forums or news groups) by any means and in any medium. You also grant to BluePoint the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising and promotional material related to it.

 

You agree that you will have no recourse against BluePoint for any infringement or misappropriation of any proprietary right in your communications to us.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Web Site that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws or regulations. BluePoint shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law or regulation.

 

D. TRADEMARKS

 

BluePoint service and product names are trademarks and/or service marks of BluePoint. These and all other names, logos and marks on the Web Site are owned or licensed by BluePoint and may not be used by you without express prior written permission from BluePoint.

 

E. INCLUSION OF OTHER NOTICES AND TERMS

 

This Web Site may contain other notices, terms and conditions and copyright information, the terms of all of which must be observed and followed. Information provided on this Web Site does not constitute an offer to sell any particular product or service or engage in any other commercial transaction until BluePoint accepts your order. You may have other agreements with BluePoint. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with BluePoint.

 

F. LINKS

 

Links in the Web Site may let you leave BluePoint’s Web Site. The linked sites are not under the control of BluePoint and BluePoint is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. BluePoint is providing these links to you only for your convenience, and the inclusion of any link does not imply endorsement or adoption by BluePoint of the site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as infection viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties and other items of a harmful or destructive nature. It is also your responsibility to review the privacy statements on any linked sites because their privacy rules may be different than BluePoint’s and BluePoint is not responsible for their privacy statements or practices. You can view our privacy statement here. You should also review the terms and conditions of any linked sites.

 

BluePoint welcomes bookmarks and links to its Web Site. You are free to establish a hypertext link to this Web Site as long as the link does not state or imply any sponsorship or endorsement of your site by BluePoint or any of its affiliates. You may not frame any content of this Web Site or utilize any framing techniques in any way, including but not limited to enclosing any trademark, logo, or other proprietary information (including images, text, page layout, or form), without BluePoint 's prior written consent. Nor may you incorporate any intellectual property of this Web Site. BluePoint does not want anyone to be confused as to which information and services are provided by BluePoint and which are not. You may not use any meta tags or any other "hidden text" utilizing BluePoint’s name or trademarks without the express written consent of BluePoint.

 

G. LIMITS ON ACCURACY

 

The Web Site was developed as a service by BluePoint to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. It is important that you rely on the advice of an appropriate professional when interpreting and using this information. Nothing contained in any presentation is to be construed as medical, legal, investment, financial or other advice. This information is not intended to be a substitute for such advice.

 

BluePoint makes no warranties or representations as to the accuracy of any information on the Web Site. All users agree that all access to and use of the Web Site is at their own risk.

 

H. NO UNLAWFUL OR PROHIBITED USE

 

As a condition of your use of the Web Site and Software, you agree not to use the Web Site or Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use the Web Site or Software in any manner that could damage, disable, overburden, or impair any BluePoint server, or the network(s) connected to any BluePoint server, or interfere with any other party's use and enjoyment of the Web Site and Software. You agree not to attempt to gain unauthorized access to the Web Site or Software, other accounts, computer systems or networks connected to any BluePoint server or to the Web Site, through hacking, password mining or any other means. You also agree to not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site or Software.

 

I. DISCLAIMER & LIMIT ON DAMAGES

 

You understand that BluePoint cannot and does not guarantee that any material available from or on this Web Site will be free of infection, viruses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. You assume all responsibility and risk for your use of the Web Site, including your responsibility to evaluate the accuracy, completeness and usefulness of all material and reports provided through or generated by the Web Site. BluePoint does not warrant that the Web Site will be uninterrupted or error-free or that defects in the Web Site will be corrected.

 

Materials provided on this Web Site and related communications are provided "as is" and “with all faults” for information purposes only and BluePoint makes no guarantee or warranty with respect to correctness, reliability, accuracy or appropriateness of the material or the results obtained from the use of the services provided on the Web Site. In addition, all warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose (even if BluePoint has been advised of the possibility of any such purpose), or non-infringement. BluePoint has no obligation or duty to update any information on this Web Site.

 

In no event will BluePoint or any party involved in creating, producing, hosting or distributing the Web Site be liable to any party for any direct, indirect, special or other consequential damages, including, without limitation, any lost profits, business interruption, loss of good will, programs or other data on your information handling system or otherwise, even if BluePoint or its authorized representatives have been advised of the possibility of such damages, for any claim attributable to use of this Web Site, including any damages due to errors, omissions, or other inaccuracies in the Web Site or other material downloaded through or hyper linked from the Web Site. Because some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above may not apply to you. In such jurisdictions, BluePoint’s liability is limited to the greatest extent permitted by law.

 

J. INDEMNITY

 

You agree to indemnify, defend and hold harmless BluePoint and its respective officers, directors, employees, agents, licensors, suppliers and third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Web Site.

 

K. APPLICABLE LAW; VENUE

 

This Agreement and the resolution of any dispute related to this Agreement or this site shall be governed by and construed in accordance with the laws of Ireland. Any legal action or proceeding between BluePoint and you, related to this Agreement or this site shall be brought exclusively in a court of competent jurisdiction sitting in Ireland.

 

L. GENERAL

 

Any claim or cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any rights not expressly granted herein are reserved to BluePoint. BluePoint’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. BluePoint may assign its rights and duties under this Agreement to any party at any time without notice to you. All provisions of this Agreement will be deemed to be severable. This Agreement and its related documents supersede all prior oral and written representations and agreements, which may have been entered into by the parties to this Agreement that relate to the subject matter of this Agreement. Captions in this Agreement are intended for convenience of reference only. Words used in this Agreement, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. This Agreement will benefit, and be binding upon, the successors and assigns of the parties to this Agreement. Neither party to this Agreement will be liable for its failure to perform an obligation under this Agreement if that failure results from any cause, except financial, beyond that party's reasonable control. Any provision of this Agreement may survive this Agreement's termination if the provision's context shows that the parties to this Agreement intended the provision to survive.