Terms and Conditions
Last Updated: January 2012
Except as otherwise provided, this Agreement applies to all uses of any part of the Site. We may restrict, suspend, or revoke your registration or ability to access or use the Site, or any affiliated site, with or without prior notice, if you violate this Agreement.
1. Intended for US Residents Only
The Site may contain information about products that may or may not be available in any particular country or region of the world, 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. However, the Site and its contents are designed to comply with U.S. laws and regulations. Although accessible by others, it and its content are intended for access and use by U.S. residents only.
2. Changes to This Agreement
We may change the terms of this Agreement or modify any features of this Site at any time, so we encourage you to review the Agreement periodically before using the Site. The most current version of the Agreement can be viewed by clicking on the “Terms and Conditions” link at the bottom of any page in the Site. We will assist you in identifying changes to the Agreement by listing the date on which the Agreement was most recently updated at the top of the document.
By continuing to use this Site after we post changes to the Agreement, you agree to be bound by those changes.
4. Your License to Use the Site
You are authorized to use the portions of the Site that we make available to the public for professional or non-commercial purposes, but you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site or use it for public, professional or promotional purposes without the express written permission of sanofi-aventis. However, you may download material from this Site for your own personal use and you may make individual machine-readable copies or individual print copies of occasional items of interest to you. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale.
We also provide certain features as a part of the Community that are restricted to individuals who have registered for the Community and who have received access credentials from us; you may not share these credentials with others. You must provide truthful, accurate and up to date information in your registration for the Community. To access the Community, you must accept this Agreement, including the Community-specific terms in Section 5.
You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of sanofi-aventis. Images of people or places displayed on the Web site are either the property of, or used with permission by, sanofi-aventis. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the Site. Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
Additionally, you agree not to republish or frame our content in a setting that includes advertising or other materials that we have not authorized to be displayed with the Site.
Additional terms, which are contained in this section, apply when you use the Community.
a. User Submissions
The Site may include features that allow users to post content and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form that is stored on, posted on, or transmitted to or through the Service (collectively, “User Submissions”). By posting, uploading, adding, communicating, storing, or otherwise transmitting User Submissions on, to, or through the Site, you understand and agree that such User Submissions will be treated as non-confidential and non-propioretary and you are giving us and our affiliates,a royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media, technology, or products now known or later developed, including for promotional or marketing purposes; and you further represent, warrant, and covenant that you have and will continue to have the legal right to grant these rights.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, 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 would otherwise violate the law. Sanofi-aventis will fully cooperate with any law enforcement authorities or court order requesting or directing sanofi-aventis to disclose the identity of anyone posting any such information or materials.
Sanofi-aventis does not verify, approve or endorse the comments or any information posted by visitors on this Site, does not warrant their accuracy, and assumes no responsibility or liability arising from content of the Site nor for any error, omission, defamation, libel, or slander. Caution should be used before relying on any particular statements or opinions expressed herein.
b. Pharmaceutical Products and Side Effects
This Site is intended as a means to engage the public in a discussion about diabetes related topics. It is not intended as a forum for discussing sanofi-aventis’ or other companies’ products. If you have a question about one of our products, please visit the “Contact Us” feature on our website or call 1-800-633-1610, option 1.
This Site is not intended for the reporting of side effects associated with the use of prescription drugs. If you, or someone you know, have possibly experienced a side effect while taking any sanofi-aventis product, please contact our Drug Safety department at 1-800-633-1610, option 2, or via fax at 1-908-203-7783. You are also encouraged to report negative side effects of prescription drugs to the FDA. To do so, visit www.fda.gov/medwatch or call 1-800-FDA-1088.
c. Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please contact our designated copyright agent at the address below. Your notification should include the following information:
i. identification of the copyrighted work claimed to have been infringed;
ii. identification of the allegedly infringing material on the Site that is requested to be removed;
iii. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
iv. a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
v. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
vi. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of infringement on the Site is:
Dennis Urbaniak, Head of Sanofi US Diabetes
sanofi-aventis U.S. LLC
55 Corporate Drive, Bridgewater Township, NJ 08807
with a copy to:
US General Counsel
55 Corporate Drive,
Bridgewater, NJ 08807
This contact information is only for suspected copyright infringement. Contact information for other matters is provided in Section 17, below.
6. Prohibited Conduct
By using the Site, you agree not to:
a. violate any applicable law in connection with your use of the Site;
b. delete or revise any material or other information of any other user, sanofi-aventis, or any third party;
c. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
d. take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
e. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site;
f. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers, except that if you are the operator of a bona fide Internet search engine service available to the general public, you may access the Site using robots or similar devices only to the extent not prohibited by us using machine-readable instructions posted on the Site;
g. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
h. engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes us or any of our users, affiliates, or suppliers to any liability or detriment of any type; or
i. take any other action that could endanger or cause damage to us, other users of the Site, or other third parties.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, to or through the Site or with reference to us or the Site; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
7. Professional Advice
The Site may contain from time to time information related to various health, medical and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a professional health care provider. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult a professional health care provider.
Likewise, you may not use the Site to provide medical or other professional advice, nor do we provide such advice through the Site
10. Disclaimer of Warranties
This Site is available “as is.” We do not warrant that this Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Site. We are not responsible for the availability or content of other services that may be linked to this Site. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Site or any information or goods that are available or advertised or sold through this Site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Site or available though links in this Site. We reserve the right, but disclaim any obligation, to correct any errors or omissions in this Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Site, we do not guarantee or warrant that this Site or materials that may be obtained from this Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Site and any materials available through this Site, you do so solely at your own risk.
11. Limitation of Liability
You acknowledge that your use of the Site is exclusively at your own risk, and you agree that sanofi-aventis, its parent and affiliates, and their directors, officers, managers, employees, shareholders, agents and licensors will not be liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on negligence (including gross negligence), errors, omissions, interruptions or other inaccuracies in this Site (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Site.
12. Severability and Integration
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and sanofi-aventis and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
13. No Waiver
Our failure to enforce any provision(s) of the Agreement or respond to a breach by any party does not waive our right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.
We may terminate this Agreement and/or suspend or terminate your access to the Site for any reason at any time by providing notice to you. Sections 5 and 6 through 16 of the Agreement will survive any such termination.
15. Choice of Law and Forum
You agree that this Agreement will be governed by the laws of the United States and the state of New Jersey, without regard to choice of law rules. You agree that any claim or dispute against sanofi-aventis arising out of or relating to this Site must be resolved by a court located in Somerset County, New Jersey unless agreed upon by all parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and sanofi-aventis as a result of this Agreement or your access to and use of the Site.
Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
If you have a question about this Site or one of our products, please visit contact us.