Terms of Use

TERMS OF USE

Last Updated:  March 5, 2018

 

Thank you for visiting www.myosto-mylife.com (the "Site").  The Site is offered as an informational and educational resource by B. Braun Medical Inc. (“B.Braun”).  We at B.Braun want each visitor to the Site ("you") to have a useful and informative visit, and we have established the following Terms of Use (the "Terms of Use") so that we (each) know what to expect from each other. 

PLEASE READ THE FOLLOWING CAREFULLY.  THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND B.BRAUN.  IN USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN AND ALL APPLICABLE LAWS. 

We may make changes to the Site, these Terms of Use or our Privacy Policy available at www.myosto-mylife.com/privacypolicy (the “Privacy Policy”), which govern the use of the Site at any time.  We encourage you to review the Site, these Terms of Use and the Privacy Policy periodically for updates or changes.  Your continued access or use of this Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.  If you disagree with these Terms of Use (as they may be amended from time to time), or are dissatisfied with this Site in any way, your sole and exclusive remedy is to discontinue using this Site. 

Please feel free to browse the Site. You are granted a limited license to download materials displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained in the materials or otherwise on this Site. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video, without B.Braun’s advance written permission. 

1. Unless otherwise indicated in these Terms of Use, everything you see or read on the Site is copyrighted or protected by other intellectual property rights and may not be copied or otherwise used, except as provided in these Terms of Use or in the text on the Site, without the written permission of B.Braun. Changes to author attribution or copyright notices or use of any of our trademarks as meta tags on any other website is strictly prohibited.  You may not display the Site or portions thereof by framing or in any other manner without our express written permission.  You agree to cooperate with us to cause all unauthorized co‑branding, framing or linking to immediately cease.  B.Braun neither warrants nor represents that your use of materials displayed on the Site will not infringe upon the rights of third parties. 

2. The Site is intended to provide educational information for ostomy patients, their families, and their caregivers, and may provide general information about B.Braun, its products and services, and, unless otherwise expressly indicated on a particular page, is intended only for the U.S. market. Any information contained on the Site is not meant to replace the information contained on any product labeling or, if you are a patient, to be a substitute for the advice provided by your own health care provider.  The Site is not intended nor implied to be a substitute for professional medical advice and contains general information that may not be applicable to you as an individual. While B.Braun uses reasonable efforts to include accurate and up-to-date information on the Site, the Site is not meant to provide specialist advice concerning the products or services of B.Braun. We reserve complete and sole discretion with respect to the operation of the Site.  We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the Site at any time without notice.  B.Braun makes no warranties or representations as to the Site’s accuracy. B.Braun disclaims all liability and responsibility for any errors or omissions in the content on the Site. 

3. Your use and browsing of the Site is at your risk. Neither B.Braun nor any other party involved in creating, producing, developing or maintaining the Site will be liable for any direct, incidental, consequential, indirect, special or punitive damages arising out of your access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. B.BRAUN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE OR ACCURATE.  WE ASSUME NO LIABILITY FOR ANY ACTION TAKEN BASED ON INFORMATION FOUND ON THE SITE OR ANY OTHER WEB SITES LINKED TO IT, OR SERVICES PROVIDED BY B.BRAUN AND ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED UPON THE INFORMATION AND MATERIAL PROVIDED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM B.BRAUN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. B.BRAUN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES OR YOUR VIEWING OF ANY VIDEO OR AUDIO FROM THE SITE. 

4. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD B.BRAUN AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS AND DEMANDS, INCLUDING, WITHOUT LIMITATION, DAMAGES, COSTS, AND REASONABLE ATTORNEYS’ FEES, RESULTING IN ANY MANNER FROM (I) YOUR BREACH OF THESE TERMS OF USE, OR (II) YOUR ACCESS TO OR USE OF THE SITE AND ITS CONTENT. 

5. YOU AGREE THAT B.BRAUN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, THIRD PARTY SERVICE PROVIDERS AND SUPPLIERS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE OR B.BRAUN’S SERVICES.  YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST B.BRAUN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, THIRD PARTY SERVICE PROVIDERS AND SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY CLAIMS AND/OR CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE OR B.BRAUN’S SERVICES.  B.BRAUN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, THIRD PARTY SERVICE PROVIDERS AND SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER SERVICES PROVIDED BY B.BRAUN, EVEN IF B.BRAUN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THIS SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. 

6. Any communication or material you transmit to the Site by electronic mail or otherwise, including any non-personal data, questions, comments, suggestions, requests or the like is will be treated as non-confidential and non-proprietary. Anything you transmit may be used without restriction by B.Braun or its affiliates, agents, and third party service providers for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, B.Braun is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. 

7. Images of products, people, or places displayed on this Site are either the property of, or used with permission by, B.Braun. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

To request the use of B.Braun photos, drawings, designs, and images of B.Braun products provided on this Site, in books and other printed materials, and on-line and internet locations for educational purposes, please contact B.Braun at inquiry.us@bbraunusa.com for more information. 

8. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including those of B.Braun and its affiliates, are registered and unregistered Trademarks of B.Braun and others.  In addition, B.Braun products depicted on this Site may be protected and covered by one or more foreign and/or U.S. patents (collectively, the “Patents”). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Patent-protected product or Trademark displayed on the Site without the advance written permission of B.Braun or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks or Patent-protected products displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. Please be advised that B.Braun will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 

9. Any links or pointers to internet sites maintained by third parties that are provided on this Site, including without limitation any link to a website controlled by Legacy Health Strategies, LLC, which is a third party that provides services to B.Braun, are for convenience purposes only. B.Braun has not reviewed all of the third party sites, or the entirety of any third party site, linked to this Site, and any information, products, services, or claims on these third party sites are not endorsed, approved, operated, or controlled in any respect by B.Braun. Such third party sites are provided “as is” and without warranties of any kind, either express or implied, and the linking to off-site pages or other sites is at your own risk. 

10. By using this Site, you agree not to disrupt or intercept the Site or any of our electronic information posted on this Site or on any of our servers. You also agree not to attempt to circumvent any security features of this Site, and to abide by all applicable local, state, federal and international laws, rules, and regulations. 

11. B.Braun may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound. 

International Users

This Site is exclusively intended for use in the United States.  B.Braun provides no guarantee that the information presented on this Site is accurate outside the United States.  If this Site is used outside the United States or if you download contents from outside the United States, it is your own responsibility to ensure that you act in compliance with local laws, regulations, and/or legislation. 

This is the entire agreement regarding all the matters relating to this Site. 

Thank you for your cooperation.  We hope you find this Site informative and convenient to use.