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TERMS AND CONDITIONS OF USE OF THIS WEB SITE BOIRON BORNEMAN, INC.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE THESE TERMS AND CONDITIONS
APPLY EXCLUSIVELY TO YOUR ACCESS TO AND USE OF THIS WEB SITE, AND THE SERVICES AND
INFORMATION OBTAINED THROUGH THIS WEB SITE, AND DO NOT ALTER THE TERMS OR CONDITIONS
OF ANY OTHER AGREEMENT YOU MAY HAVE WITH BOIRON OR ITS AFFILIATES.
Boiron Borneman, Inc. (“BOIRON”) is pleased to provide you with the materials on
our Web site (“Web site”) for informational purposes only. Please carefully read
these Terms and Conditions relating to your use of this Web site. By using this
Web site, you agree to these Terms and Conditions. We reserve the right to change
or replace these Terms and Conditions or any portion of them at any time without
notice by updating this posting. Your continued use of this Web site after any such
changes constitutes your acceptance of the new terms. We encourage you to periodically
visit this page to review the current Terms and Conditions that apply to your use
of this Web site.
IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS AND CONDITIONS, PLEASE
DO NOT USE THIS WEB SITE OR ANY INFORMATION THAT YOU FIND HERE.
Please note that if you visit the Web site of any other BOIRON affiliate or any
national or “country” Web sites published and updated by our BOIRON affiliates,
you will be subject to the Terms and Conditions of Use of such Web site, which may
differ from those stated herein. BOIRON may terminate, change, suspend or discontinue
any aspect of this Web site, including the availability of any features, at any
time. BOIRON may remove, modify or otherwise change any content, including that
of third parties, on or from this Web site.
BOIRON may impose limits on certain features and services or restrict your access
to parts or all of this Web site without notice or liability. BOIRON may terminate
your use of this Web site at any time in its sole discretion.
In compliance with the Children’s Online Privacy Protection Act of 1998, this Web
site is not intended or designed to attract children under the age of 13. BOIRON
does not knowingly collect personally identifiable information via this Web site
from visitors in that age group without the explicit consent of a parent or guardian.
PRIVACY POLICY
BOIRON collects personally identifiable information, such as names, addresses, e-mail
addresses and the like, only when voluntarily provided by a Web site user. BOIRON
does not want to receive confidential or proprietary or personal medical information
through Web site communications. Except as otherwise provided on this Web site,
any communication with BOIRON’s Web site or any other e-mail transmission to BOIRON
on this Web site is non-confidential. Except as otherwise provided on this Web site,
BOIRON has no obligation to refrain from reproducing, publishing or otherwise using
third-party information for any purpose, and BOIRON may use the content of such
communication for BOIRON’s own commercial purposes. Whoever transmits any communication
to this Web site or otherwise to BOIRON is solely responsible for its accuracy and
completeness. This Web site is intended to provide a service to users.
All rights not expressly granted herein are reserved to BOIRON.
PROPRIETARY RIGHTS
Copyrights. All content provided on this Web site, including but not limited to
design, text, software, technical drawings, configurations, graphics, other files,
and their selection and arrangement (“Content”), is owned by or licensed to BOIRON
and/or its affiliates and protected by United States and international copyright
laws. BOIRON and its affiliates and licensors retain all proprietary rights to the
Content. The Content is intended for your personal, non-commercial use only and
may not be modified, copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted or sold in any form or by any means, in whole or
in part, without BOIRON ’s prior written consent. Unauthorized use is strictly prohibited.
You agree that you will not systematically extract, collect or harvest, through
electronic means or otherwise, any data or data fields from this Web site, including
but not limited to customer identities.
Trademarks.
All trademarks on this Web site are either trademarks or registered trademarks of
BOIRON or its affiliates or licensors and may not be copied, imitated or used, in
whole or in part, without the prior written consent of BOIRON. All page headers,
custom graphics, button icons and scripts are service marks, trademarks and/or trade
dress of BOIRON or its affiliates, and may not be copied, imitated or used, in whole
or in part, without the prior written consent of BOIRON. Other trademarks, registered
trademarks, product names, service marks and company names or logos displayed on
this Web site are the property of their respective owners.
Nothing contained in this Web site shall be construed as conferring any right or
license to any party under any BOIRON copyright, trademark, patent or any other
intellectual property.
USER CONDUCT
In using this Web site, you agree not to:
• disrupt or interfere with the security of, or otherwise abuse, this Web site,
or any services, system resources, accounts, servers or networks connected to or
accessible through this Web site or affiliated or linked Web sites;
• disrupt or interfere with any other user’s enjoyment of this Web site or affiliated
or linked Web sites;
• use or attempt to use another’s account or information without authorization from
BOIRON, or create or use a false identity on this Web site;
• transmit through or on this Web site spam, chain letters, junk mail or any other
type of unsolicited mass e-mail to people or entities who have not agreed to be
part of such mailings; and
• attempt to obtain unauthorized access to this Web site or portions of this Web
site, which are restricted from general access.
LINKS AND THIRD-PARTY CONTENT
This Web site may, from time to time, contain links to third-party Web sites. These
links are provided as a convenience and do not constitute an endorsement, sponsorship
or recommendation by BOIRON of—or responsibility for—the linked Web sites, any content,
services or products available on or through such Web sites, or the companies associated
with such Web sites. BOIRON does not review or control the content of third-party
Web sites. BOIRON expressly disclaims any responsibility for the content of any
third-party Web sites linked to this Web site. BOIRON urges you to use discretion
when you access any third-party Web site linked to this Web site.
BOIRON does not warrant that the functions or informational materials contained
in or accessed through this Web site are free of computer viruses or other harmful
components.
BOIRON HAS NOT REVIEWED ALL WEB SITES THAT MAY BE LINKED TO THIS WEB SITE AND DOES
NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEB SITE PAGES
OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITES. LINKING TO SUCH WEB SITES IS STRICTLY
AT YOUR OWN RISK.
CONTENT, PRODUCT AND SERVICE INFORMATION - LIMITATIONS
All content available through this Web site, including but not limited to data,
technical drawings, configurations, quote and order information, and product or
service listings, is believed to be accurate. HOWEVER, YOU SHOULD INDEPENDENTLY
EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS FOR YOUR PARTICULAR
NEEDS OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEB SITE. Products
and services are subject to change without notice. BOIRON does not guarantee that
products or services listed online will be available at the time of your order.
All information on this Web site is subject to the disclaimers below.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEB SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS FOR INFORMATIONAL PURPOSES ONLY. YOU EXPRESSLY AGREE THAT USE
OF THIS WEB SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED
OR ACCESSED FROM OR THROUGH THIS WEB SITE, IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY
AGREED TO IN WRITING, BOIRON AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BOIRON MAKES NO REPRESENTATION OR WARRANTY THAT THIS WEB SITE OR ITS CONTENT WILL
MEET YOUR REQUIREMENTS, OR THAT THIS WEB SITE OR ITS CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES
BOIRON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS
WEB SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH USE OF THIS WEB SITE.
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, UNDER NO CIRCUMSTANCES SHALL BOIRON
OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE
TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
FOR ANY USE OF OR THE INABILITY TO USE THIS WEB SITE, OR ANY CONTENT OR SERVICES
CONTAINED IN THIS WEB SITE, OR ACCESSIBLE THROUGH THIS WEB SITE, OR ANY WEB SITE
LINKED TO THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF BOIRON IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT BOIRON DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED
BY THIRD PARTIES THROUGH THIS WEB SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BOIRON
AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION
AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE,
OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR
MADE AVAILABLE BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, FRAMED CONTENT.
BOIRON ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR E-MAIL, ERRORS, SYSTEM DOWNTIME,
MISDELIVERIES OF CONTENT OR E-MAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR
SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BOIRON, ITS AFFILIATES, ITS LICENSORS
OR A USER’S OWN ERRORS AND/OR OMISSIONS.
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING OR AS REFLECTED ELSEWHERE ON THIS WEB
SITE, BOIRON DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION
TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS, THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS. IF A
USER OF THIS WEB SITE IS DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH
ANY OF THESE TERMS AND CONDITIONS OF USE, THE SOLE AND EXCLUSIVE REMEDY FOR THE
USER IS TO DISCONTINUE USING THE BOIRON WEB SITE.
MEDICAL ADVICE OR PROFESSIONAL SERVICES NOT PROVIDED
BOIRON is not engaged in rendering medical or similar professional services or advice.
Any information provided is not intended to replace medical advice offered by a
physician. If you desire or need such advice, you should consult a professional
healthcare provider.
SEVERABILITY
If any provision of these Terms or Conditions is held invalid or unenforceable by
any court of competent jurisdiction, the other provisions of these Terms and Conditions
shall remain in full force and effect. Any provision of the Terms and Conditions
held invalid or unenforceable only in part or degree will remain in full force and
effect to the extent not held invalid or unenforceable. The parties further agree
to replace such invalid or unenforceable provision of these Terms and Conditions
with a valid and unenforceable provision that will achieve, to the extent possible,
the economic, business and other purposes of such invalid or unenforceable provision.
APPLICABLE LAW
This Web site is controlled and operated from our offices in the commonwealth of
Pennsylvania, U.S.A. These Terms and Conditions shall be governed by and construed
in accordance with the laws of the Pennsylvania, and the federal laws of the United
States of America, without giving effect any conflict of laws provisions thereof.
You agree to submit to the jurisdiction of the state or federal courts located within
Pennsylvania for any dispute related to this Web site.
This Web site is based in the U.S. and does not adhere to the regulations of any
country or jurisdiction other than the U.S. It is intended for U.S. residents ONLY
and as such, product names, descriptions and labeling are of U.S. origin. Products
may not be available in all countries. Nothing herein shall be construed as a solicitation
or promotion of any product or of an indication of any product that is not authorized
by applicable laws and regulations. In addition, you agree that you will comply
with all applicable local, state, national and international laws and regulations,
including but not limited to United States export restrictions, that relate to your
use of or activities on this Web site.
IF YOU ARE ACCESSING THIS WEB SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED
UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS WEB
SITE. BOIRON MAKES NO REPRESENTATION THAT THIS WEB SITE IS APPROPRIATE OR AVAILABLE
FOR USE OUTSIDE THE UNITED STATES.
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and BOIRON
governing your use of this Web site. These Terms and Conditions shall not be modified
except by BOIRON as provided herein or through a written document signed by both
parties. You agree that any claim arising out of or related to these Terms and Conditions
of this Web site must be filed within one year after it arose or be permanently
barred.
All rights not expressly granted herein are reserved to BOIRON.
NOTICE ON TESTIMONIALS
All content provided on this Web site, including the testimonials and graphics,
is owned by or licensed to BOIRON and/or its affiliates (the “Content”) and protected
by United States and international copyright laws. BOIRON and its affiliates and
licensors retain all proprietary rights to the Content. The Content is intended
for your personal use only and may not be reproduced, copied, altered or distributed
without the prior written consent of BOIRON.
In accordance with the FTC guidelines concerning use of endorsements and testimonials
in advertising, you should be aware of the following:
1. The testimonials displayed are given verbatim except for correction of grammatical
or typing errors. Some have been shortened where the testimonial was lengthy or
portions were repetitive.
2. The customer testimonials are actually received from our customers. They are
individual experiences by persons who have used our products. However, the effectiveness
of our products varies depending on each customer’s situation. Therefore, these
testimonials and case histories reflect individual results and BOIRON does not claim
that they are typical results you should expect to achieve.
3. The expert testimonials and endorsements are actually received from medical professionals,
whose qualifications give him or her the expertise that he or she is represented
as possessing. The testimonials and endorsements are supported by the respective
medical professional’s actual exercise of his or her expertise in evaluating the
product features or characteristics with respect to which he or she is an expert
and which are both relevant to an ordinary consumer’s use of or experience with
the product and also are available to the ordinary consumer. Furthermore, the testimonials
and endorsements are supported by an actual evaluation, examination or testing of
the product that is at least as extensive as that an expert in the field would normally
conduct in order to support the conclusions presented in the endorsement or testimonial.
4. The medical professionals may receive compensation from BOIRON in the form of:
• fees for speaking, writing and research;
• fees for books, subscriptions and dues;
• fees for consulting, honoraria, stipends and donations;
• reimbursements for travel expenses; and/or
• financial or equity interest in BOIRON or its affiliates.
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Sedalia® relieves stress-related problems such as short tern management of anxiety and nervousness, without affecting patient alertness or causing drowsiness. No known side effects, does not interfere with operation of machinery or mask underlying medical conditions.
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