Terms of Use | Octapharma Plasma

WEBSITE TERMS AND CONDITIONS

These website terms and conditions (“Terms”) form an agreement between you (“you” or “your”) and Octapharma Plasma, Inc. (“Octapharma”, “we”, “us”, or “our) governing your use of www.octapharmaplasma.com and any other digital property where these Terms are posted (“Sites”).

READ THESE TERMS CAREFULLY. THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, INCLUDING AN AGREEMENT TO ARBITRATE ANY DISPUTE YOU HAVE WITH US CONCERNING THE SITES. TO LEARN MORE ABOUT THE ARBITRATION PROCESS, AND YOUR ABILITY TO OPT-OUT, SEE SECTION 12 BELOW.

1.Acceptance
Please read these Terms carefully before you use the Sites. If you do not agree to these Terms, you must (i) not access or use the Sites, or (ii) discontinue any access or use of the Sites. Your failure to comply with these Terms may result in the suspension or termination of your access to the Sites.

2.Acceptance
Subject to your compliance with these Terms, Octapharma grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Sites for your own personal use, and not for resale, third-party distribution, or for a commercial purpose.
We reserve the right to modify or discontinue offering the Sites, impose limits on the Services, or alter any features, functionality, or tools within the Services at any time with or without notice.

3.Acceptance
We use cookies, pixels, and other tracking technologies on our Sites. These technologies are sometimes managed by a third party, such as Google. These technologies are used to enhance user experience, analyze performance and Site traffic, and deliver marketing and advertising. To learn more about these technologies and how we manage the data collected through these tools, please see our Privacy Policy. You can manage your choices relating to these tools at any time.

BY ACCESSING OUR SITES AND NOT MODIFYING YOUR SETTINGS, YOU AGREE AND CONSENT TO THE USE OF THESE TRACKING TECHNOLOGIES.

4.User Conduct and Guidelines
You must be at least 18 years of age or the age of consent in your jurisdiction to access the Sites. You further agree not to:

copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Sites without prior express permission from Octapharma;
access, search, collect information from, or otherwise interact with the Sites by “scraping,” “crawling”, “spidering”, or otherwise deploying a non-human entity to scan the Sites for information and data;
use, display, mirror or frame the Sites, or any feature, functionality, tool or content of the Sites, Octapharma’s name, or any Octapharma trademark, logo or other proprietary information;
interfere with, disrupt, damage or compromise the Sites or our systems or the access of any user, host or network in any way;
attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Sites;
otherwise abuse the Sites or breach the Terms; or
attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

5.Intellectual Property and Copyright
The Sites, including all information, text, images, photos, illustrations, trademarks, designs, icons, photographs, videos, advertisements, and other content (“Content”) may be subject to copyright, trademark, trade dress and/or other intellectual property rights (“IP Rights”) owned, controlled, licensed or used with permission by Octapharma. Except as specifically outlined below, nothing in these Terms shall be interpreted as conferring any license or right under any IP Rights.
Octapharma owns all copyright in the Sites, including all Content. By using the Sites, you agree to abide by any and all copyright notices, information, or restrictions contained on the Sites relating to any Content.

6.Disclaimers and Warranties
THE SITES AND THEIR CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, NON-INFRINGEMENT, THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR WARRANTIES AS TO THE COMPLETENESS OR TIMELINESS OF THE SITES OR ANY CONTENT THEREIN.

7.Health Information
The Sites may contain information that relates to medical and health topics. All information provided on the Sites or through links to third-party websites, is for informational purposes only and is not a substitute for obtaining proper medical, legal or other professional care or services.
You should never take any action based upon any information contained on the Sites without seeking independent professional advice from a person who is licensed and/or knowledgeable in the applicable field. You should not use any information on the Sites to diagnose a health problem or disease. You should always consult with a physician.

8.Indemnity
You agree to defend, indemnify and hold harmless Octapharma, its affiliates, licensors, related entities and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites.

9.Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OCTAPHARMA BE LIABLE FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OCTAPHARMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, OCTAPHARMA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).

10.Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of North Carolina without giving effect to any choice or conflict of law provision or rule.

11.Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OF THE SITES MUST BE COMMENCED PURSUANT TO THESE TERMS WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12.Dispute Resolution – Binding Arbitration
Disputes. This section applies to all Disputes between you and Octapharma concerning your use of the Sites. “Dispute” means any dispute, claim, controversy or action between you and Octapharma, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND OCTAPHARMA AGREE THAT “DISPUTE” SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY OCTAPHARMA FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) COPYRIGHT INFRINGEMENT OR MISUSE; (3) TRADEMARK INFRINGEMENT OR DILUTION; OR (4) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS NECESSARY, AS DETERMINED BY OCTAPHARMA.

Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to Octapharma at Contact Us within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Sites) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section.

Dispute Notice. In the event of a Dispute, you or Octapharma must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (“Dispute Notice”). The Dispute Notice to Octapharma must be addressed to 10644 Westlake Dr, Charlotte, NC 28273 (“Octapharma Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Octapharma and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or Octapharma may proceed to mediation, as described below. You and Octapharma will work in good faith to schedule an informal conference at a mutually convenient time to discuss any dispute Notice. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

Binding Arbitration. In the event the parties cannot resolve their Dispute during the informal conference, either party may proceed to confidential and binding arbitration. This section memorializes a transaction in interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this arbitration clause.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND OCTAPHARMA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND OCTAPHARMA AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

MASS ACTION WAIVER. You and Octapharma expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Octapharma are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Octapharma’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Octapharma from participating in a mass settlement of claims.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing Format. Unless otherwise agreed, the arbitration shall take place in North Carolina, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Octapharma or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Octapharma is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

Arbitration Fees. The parties are required to pay all applicable filing, administration, and arbitration fees for any arbitration commenced by you or Octapharma pursuant to this Agreement. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and Octapharma agree that if Octapharma makes any material amendments to this dispute resolution procedure and class action waiver provisions in this Agreement, Octapharma will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Octapharma Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.

Exclusive Venue for Other Controversies. Octapharma and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of North Carolina, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

13.Third Party Websites and Applications
Octapharma may provide links to websites and applications operated by other entities on the Sites. If you decide to visit any linked website, you do so at your own risk and should read that website’s terms and privacy statements.
Octapharma makes no warranty or representation regarding, and does not endorse, any linked websites or any information contained on those websites.

14.SMS Text Messaging
Octapharma may from time to time engage in an SMS / texting program. By providing your telephone number to Octapharma, you consent to having Octapharma send you text messages about Octapharma, including the services you have sought. You can opt-out at any time. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply to messages sent by us to you, and to messages you send to us, as determined by your mobile service provider.

15.Privacy Protection
To learn more about how we process your personal information, please see our Privacy Policy at Privacy Policy | Octapharma Plasma.

16.Changes to These Terms
Octapharma reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. If we choose to amend the Terms, we will update the “Last Updated Date” at the top of the Terms and post the updated version. By continuing to use the Site after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms. You are expected to check this page, so you are aware of any changes, as they are binding on you. If there are material changes to these Terms, we may also reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to the Sites and/or communicating said changes via e-mail or other communication channel.

17.Miscellaneous
These Terms constitute the entire and exclusive understanding and agreement between you and Octapharma regarding your access to and use of the Sites.

You may not assign, transfer, delegate, subcontract, or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting, or sublicense without the foregoing consent will be null and void.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach.

If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereto.

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

If you have any questions or concerns, please contact Octapharma at 704-654-4600.

California Consumer Disclosure: Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to 10644 Westlake Dr, Charlotte, NC 28273.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.