The Site is hosted and maintained in the United States of America (the “U.S.”) and intended only to be accessed within the U.S. If you are accessing the Site from outside the U.S., you are solely responsible for ensuring your use of the Site is in compliance with any applicable laws and regulations in your jurisdiction. Any references to products or services on the Site do not imply that UCB intends to announce or offer these products or services in a jurisdiction outside the U.S.
The Site is intended only for persons 18 years of age or older. By accessing or using the Site, you represent that you are at least 18 years old. If you are not 18 years of age or older, please discontinue using the Site immediately.
2. Governing Law, Forum, and Class Action Waiver
4. Registered Users
As a registered user, you are responsible for maintaining the confidentiality of any user identification and password you create, and you may not transfer your account to anyone else. You agree to take reasonable steps to reduce the risk of unauthorized access to your account, such as, for example, using antivirus and spyware protection software. You are solely responsible and liable for all activities, liabilities, losses, and damages that relate to your use of the Site and the use of your user account and password. If you become aware of unauthorized use of your account, you will immediately (i) notify UCB as provided in Section 19 below and (ii) change the password for your user account.
6. Modifying or Discontinuing the Site
UCB reserves the right to discontinue access to, or modify any part of, all or any area of the Site at any time, without notice to you, for any reason. You agree that UCB will not be liable to you or any third party in the event that UCB exercises its right to modify or discontinue the Site (or any portion of the Site).
7. No Medical Advice
Information and other content included in the Site is for general informational and educational purposes only, and is not meant to be a substitute for the advice provided by a professional health care provider. You may not use or rely on any information contained on the Site for diagnosing a health, medical, or fitness problem or disease. You should always consult a professional health care provider regarding any health, medical, or fitness condition, prevention, or treatment.
8. Intellectual Property Rights
As between you and UCB, all content included in, or made available in connection with your use of, the Site, such as text, design, graphics, images, interface, sounds, music, video, code, information, databases, technology, interactive features, and the selection and arrangement of such content and the trademarks, trade names, service marks, service names, and logos contained in the Content (“Content”), are owned by UCB and/or its licensors, and are subject to U.S. and international intellectual property laws.
You may download, view, and print Content, subject to the following conditions:
- the Content may be used solely for private personal and informational purposes;
- all proprietary rights notices must appear on all copies, including the copyright notice at the bottom of any page of the Site;
- the Content may not be modified, altered, redistributed, reproduced, copied, published, framed, or deep-linked (in whole or in part), in any way; and
- no graphics may be used separate from accompanying text.
9. User Submissions
To the extent that you upload, post, or communicate any content on the Site, or otherwise submit to UCB through any means any content (“User Submissions”), you are solely responsible for, and liable for any damages related to, all information, statements, facts, and other material contained in such User Submissions, including its truthfulness and accuracy.
You agree not to transmit, distribute, post, communicate, or store on, to, or through the Site any information or other materials, including links to other websites, that:
- are copyrighted, unless you are the copyright owner;
- infringe on intellectual property, privacy, or publicity rights of others;
- contain falsehoods or misrepresentations that could damage UCB, its affiliates, officers, employees, agents, or other representatives, or any third party;
- are obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any person or entity as determined by UCB, in its sole discretion;
- are illegal or otherwise objectionable; or
- constitute advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes.
You agree that UCB does not guarantee your User Submissions will be published or maintained on the Site. UCB reserves the right to remove User Submissions at any time, without prior notice and at its sole discretion. Moreover, UCB does not guarantee any confidentiality with respect to any User Submissions. You grant UCB and its affiliates a worldwide, nonexclusive, royalty free, perpetual, irrevocable, transferable, and sublicensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site for any purposes as UCB may deem appropriate, in all media formats and media channels now known or later developed. You also grant each user of the Site a non-exclusive license to access, copy, and use your User Submissions for personal purposes only.
10. Prohibited Uses Generally
When using the Site, you are prohibited from engaging in the following:
- using the Site and Content for any unlawful or illegitimate purpose;
- deleting or revising any material or other information of any other user or UCB;
- harvesting or otherwise collecting information about others, including personal information;
- taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- using any software or other device to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- using or attempting to use any software or other device or mechanism not provided by UCB to navigate or search the Site, other than generally available search engines and third-party browsers;
- attempting to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- soliciting UCB members and guests to join outside sites or online services or organizations; and
- disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users' abilities to engage in real time exchanges.
You further agree not to violate or attempt to violate the security of the Site, including:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of the Site or to breach security; or
- attempting to interfere with service to any user, host, or network.
If you use the Site for any unlawful or illegitimate purposes or violate or attempt to violate its security, you will be liable for all damages, losses, or other liabilities related to your actions incurred by UCB or any third party, including any consequential damages. Additionally, such actions may also result in criminal or other civil liability, and UCB will investigate, cooperate, and work with law enforcement authorities to prosecute users who are involved in such actions.
11. Third-Party Content and Links to Third-Party Web Sites
12. Notice of Copyright Infringement
If you believe that any Content constitutes copyright infringement, please promptly provide UCB's Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address, daytime telephone number, and e-mail address if available, so that UCB may contact you if necessary;
- 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;
- 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
- 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.
UCB's Copyright Agent for notice of claims of copyright infringement on the Site can be reached by contacting UCB's Copyright Agent, at 1950 Lake Park Drive Smyrna, Georgia 30080 or firstname.lastname@example.org.
UCB will remove any Content that infringes upon the copyright of any person under the laws of the U.S. upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting false statements. Please note that UCB may notify the individual who submitted the allegedly infringing material, and such person has the right to send UCB a counter-notification under applicable law and, if valid, the law requires the removed material to be restored. UCB will not be a party to disputes over alleged copyright infringement.
13. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UCB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. UCB MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, BUG- OR VIRUS-FREE, OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THAT YOUR PERSONAL INFORMATION WILL REMAIN SECURED OR FREE FROM COMPROMISE; OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE § 1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. UCB WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RELATED TO THE DOWNLOAD OF ANY CONTENT OR OTHER MATERIALS.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UCB, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY (i) RELATED TO YOUR ACCESS TO, OR USE OF, THE SITE, CONTENT, OR ANY SERVICES PROVIDED THROUGH THE SITE, OR (ii) RELATED TO ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO USE OF THE SITE OR CONTENT, YOU RELEASE UCB, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND OTHER REPRESENTATIVES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE RELATED TO SUCH A DISPUTE.THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGE.
16. Termination and Survival
17. Severability and No Waiver
19. Notice and Contact Information
UCB may be required under applicable law to give you notice of certain events. You agree that any such notice will be effective on UCB's posting such notice on the Site or on delivery of such notice to you via email.
ATTN: U.S. Communications Dept.
1950 Lake Park Drive
Smyrna, Georgia 30080