WELCOME TO Allergan Access®
Use of this site is subject to the terms and conditions contained in the Allergan Access Online Services Agreement (the "OSA"). In continuing to access or use our site, you agree to be bound by the terms and conditions set forth below.
When you click "Accept" below, you will be consenting to electronic delivery of the OSA and the Records and Disclosures in HTML format. To access, retain, and print the OSA, you should use a Netscape™ Navigator 4.0 or Microsoft™ Internet Explorer 4.0 browser or higher with Java Script enabled.
CONSENT TO ELECTRONIC RECORDS
By clicking "Accept" you will also be providing your electronic signature that will affirm:
* You understand and intend that the OSA is a legally binding agreement and the equivalent of a signed, written contract; and
* You have received, understand, and accept the OSA and its terms and conditions, and acknowledge and demonstrate that you can access the OSA and other Records and Disclosures on our Web site.
If you do not agree with the terms and conditions in the OSA, please select "Cancel" below and you will exit the registration process. You should be aware, however, that the use of our Web site is subject to the terms and conditions of the OSA. This Agreement will always be available for your review as a link at the bottom of the Allergan Access home page. If you click "Accept" below, we will create an electronic record of your agreement and you will be able to continue with the registration process. Please carefully review the following terms and conditions.
REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES
Allergan may revise the OSA at any time and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the Allergan Access home page periodically to review the most current terms and conditions.
For your protection, and the protection of our other customers and Web site users, as well as Allergan, you agree not to facilitate the access and/or unauthorized use of Allergan Access in any way, including but not limited to sharing your registration information (including passwords, usernames, and screen names) with any person outside of your practice.
ALLERGAN'S LICENSE TO YOU
Allergan grants you a single, non-exclusive, non-transferable and limited personal license to access and use Allergan Access. This license is conditioned on your continued compliance with the terms and conditions in the OSA. The term of the license will continue as long as you are a subscriber. In the event Allergan determines, in its own discretion, that you are in violation of the compliance requirements of this agreement, we reserve the right to terminate your subscription at any time.
We will notify you within thirty (30) days of the expiration of your annual subscription of your opportunity for renewal. The notification will be sent by emailing you at the address provided at the time of your registration. We agree to not use your email address for any form of advertising, mass marketing campaigns, nor will we sell your email address for any other purpose.
USE OF THIRD-PARTY SERVICE PROVIDERS
Allergan may use third-party service providers to assist in providing certain services with or without notice to you (each, a "Third-Party Service Provider"). You consent and authorize Allergan to delegate the authorizations you provide to Allergan to its Third-Party Service Provider(s) as Allergan deems necessary or desirable to provide the applicable Allergan Access services to you. You agree that the terms and conditions of the OSA, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third-Party Service Providers, and such Third-Party Service Providers are deemed to be third-party beneficiaries of the OSA, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement. You also agree that all references to Allergan within the OSA and any incorporated terms are also deemed to include, where applicable, Allergan's agents, such as the Third-Party Service Providers.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to accept all communications from us regarding the use of Allergan Access at the electronic mail address you provide during registration. You agree that, when in the future you click on an "Accept," "I Consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
USE OF ALLERGAN ACCESS
The following requirements apply to your use of Allergan Access:
* You will not use any electronic communication feature of Allergan Access for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
* You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
* You will not upload, post, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
SECURITY OF DATA TRANSMISSIONS AND STORAGE
Electronic (including wired and wireless) communications through Allergan Access may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications, and personal data, may be accessed by unauthorized third-parties when communicated between you and Allergan, or between you and other parties.
MONITORING BY ALLERGAN
Allergan, its affiliates and agents are entitled, but not obligated, to review or retain your communications. We may monitor your communications to evaluate the quality of service you receive, your compliance with the OSA, the security of Allergan Access, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Allergan or its Third-Party Service Providers monitor your communications and enforce or fail to enforce the rules and guidelines of Allergan Access and the terms of the OSA. In no event will Allergan or its Third-Party Service Providers be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of any monitoring activities.
DISCLAIMERS OF WARRANTIES
Although Allergan tries to provide accurate and timely information through Allergan Access, there may be inadvertent technical or factual inaccuracies and typographical errors. Allergan reserves the right to make changes and corrections at any time, without notice. The information provided through Allergan Access is provided "as is" and "as available." Allergan does not warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items contained in Allergan Access. Allergan provides no guarantee against the possibility of deletion, miss-delivery, or failure to store communications, personalized settings, or other data. Allergan expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in Allergan Access at any time and makes no commitment to update the information contained in Allergan Access. You assume the entire risk as to the use of Allergan Access.
Further, Allergan makes no warranties regarding Allergan Access. Allergan and its affiliates and agents (including Third-Party Service Providers) disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You may have other rights, which vary from state to state.
Any material downloaded or otherwise obtained through the use of Allergan Access is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Allergan or through or from Allergan Access will create any warranty not expressly stated in these terms.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree to indemnify and hold Allergan and its affiliates, agents, employees, and licensors (including the Third-Party Service Providers) harmless from any claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of your violation of this agreement including, but not limited to, infringement of any copyright or violation of any proprietary or privacy right.
RESTRICTIONS ON USE
Except as otherwise permitted by Allergan, no materials from Allergan Access, or any site owned, operated, licensed, or controlled by Allergan, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on Allergan Access for non-commercial use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of Allergan Access for public or commercial purposes, including any text, images, audio, or video without Allergan or its affiliate's (including Third Party Service Providers) permission.
TRADEMARKS AND COPYRIGHTS
Allergan Access is owned by Allergan or its affiliates (including the Third-Party Service Providers) and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Allergan or its affiliates, licensors or agents (including the Third-Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Allergan. Nothing contained in Allergan Access should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Allergan Access without the written permission of Allergan or such third-party that may own the trademarks displayed on Allergan Access. Your use of the trademarks displayed on Allergan Access, or any other content in Allergan Access, except as provided herein, is strictly prohibited.
The OSA, and all future agreements you may enter into with Allergan, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California, without regard to conflicts of law principles thereof. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Orange, California. If any part of the OSA is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
CLICK "ACCEPT" FOR YOUR SIGNATURE
As noted above in the Consent to Electronic Records section, by clicking "Accept," you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement's terms and conditions.