(Updated May 2023)
Welcome to our Web site (the “Web site”). EuroPharma, Inc. (“EuroPharma, Inc., “we,” “us,” or “our”), the parent company of the brand EuroMedica USA, provides the following Terms and Conditions Agreement (the “Agreement”) to govern your use of the Internet Web site and any Communication Services, (“Communication Services” applies to any form of media or technology now known or hereafter developed) that is owned and operated by EuroPharma, Inc. (“Web site”, “Communication Services”, or “Services”.) Please carefully review this entire Agreement before using our Web site and Communication Services. The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Services constitutes you have read this agreement and confirms your binding consent to all such terms, conditions, and notices. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR SERVICES AND SHOULD DISCONTINUE USE OF ALL SERVICES IMMEDIATELY.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Web site and on all Communication Services; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content on the Services is accurate, complete, reliable, current, or error-free.
The WEB site AND COMMUNICATION SERVICES ARE provided “as is”. EUROPHARMA, INC. makes no representation or warranty of any kind relating to the WEB site or other content or web sites AND OTHER COMMUNICATION SERVICES that may be accessible directly or indirectly through the EUROPHARMA, INC. web site AND COMMUNICATION SERVICES. EUROPHARMA, INC. disclaims any and all representations and warranties to the maximum extent permitted by law.
EUROPHARMA, INC. DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPREITARY RIGHTS, WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS OF THE SERVICES, OR ANY PART THEREOF, WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND WARRANTIES RELATING TO THE PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EUROPHARMA, INC. OR ANY THIRD PARTY. EUROPHARMA, INC. makes no warranties or representations, express or implied, that the information provided through the web site OR ON ANY OF OUR COMMUNICATION SERVICES will be free from error, omission, interruption, defect, or delay in operations. Any information on this WEB site OR ON ANY OF OUR COMMUNICATION SERVICES is subject to change without notice, and we disclaim all responsibility for these changes.
THERE IS NO WARRANTY THAT THE WEB SITE OR OUR COMMUNICATION SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE AND OUR COMMUNICATION SERVICES, THAT YOUR USE OF THE WEB SITE AND OUR COMMUNICATION SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED.
All content available on the Web site and Communication Services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of EuroPharma, Inc., our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Web site and Communication Services (collectively, the “Trademarks”) are the registered and unregistered marks of EuroPharma, Inc., our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws.
All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Web site and Communication Services, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Under applicable copyright and trademark laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any content owned by EuroPharma, Inc. or their respective owners.
No Professional Advice
Modification of This Agreement
EuroPharma, Inc. reserves the right to amend this Agreement at any time without prior notice. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Services after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use our Services.
We are not responsible for the content of any off-Web site pages or any other Web sites, or media linked to or from the Web site or Communication Services. Links appearing on the Web site or Communication Services are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites or media is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-Web site pages or any other Web sites or media linked to or from the Web site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off Web site pages and other Web sites or media that you visit.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. You and EuroPharma, Inc. expressly agree to submit to the exclusive jurisdiction and venue of the courts in Wisconsin in all disputes arising out of or relating to the use of our Services.
These Services are controlled and operated by EuroPharma, Inc. and its affiliates in the United States. EuroPharma, Inc. makes no representation that the content on these pages and Communication Services are appropriate or compliant with any applicable laws outside the United States. If you access these pages and Communication Services from locations outside the United States you do so at your own risk and you are solely responsible for compliance to local laws.
Limitation of Liability
In no event will EuroPharma, Inc. or its affiliates or any party involved in creating, producing, or delivering these Services, be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use these Services or any linked services, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In addition, EuroPharma, Inc. or its affiliates are not responsible or liable in any manner for failed, delayed, or misdirected delivery of any information sent through email or any media.
EuroPharma, Inc. reserves the right to alter the content of these Services in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if EuroPharma, Inc. has been advised of the possibility of such damage.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, EuroPharma, Inc.’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Web site and Communication Services, or your breach of the Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Additionally you agree to defend, indemnify, and hold us harmless for any loss, damages, costs, or third party claims resulting from you providing us with contact information that is not your own.
EuroPharma, Inc. does not warrant that the Services content will be available at any time or from any particular location, will be secure or error-free, or that the Web site content or its Web site and Communication Services are free of viruses or other potentially harmful components. EuroPharma, Inc. may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Services content from time to time without notice to you.
EuroPharma, Inc. is not responsible for any problems or technical issues outside of EuroPharma, Inc.’s reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances is EuroPharma, Inc. responsible for any loss or damage, include personal injury or death, resulting from anyone’s use of EuroPharma, Inc’s Web sites and Communication Services. EuroPharma, Inc. cannot guarantee and does not promise any specific results from use of the Services. Your use of the Services is at your own risk.
The failure of EuroPharma, Inc. to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
By using this Web site or our Communication Services, you represent and warrant the below:
You may not access or use this Web site or any of our Communication Services for any purpose other than that for which we make the Services available. The Web site and our Communication Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Use of Communication Services
Communication Services operated by EuroPharma, Inc. may contain chat areas and/or other message or communication facilities, such as links to social media webpages administered by EuroPharma, Inc., designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using our Communication Services, you will not:
EuroPharma, Inc. has no obligation to monitor the Communication Services. However, EuroPharma, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
EuroPharma, Inc. reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. EuroPharma, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EuroPharma, Inc’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EuroPharma, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, EuroPharma, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
User Generated Contributions
EuroPharma, Inc Web sites and Communication Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Web sites and/or Communication Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Web sites and the Communication Services and through third party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Web site or the Communication Services in violation of the foregoing violates this Terms and Conditions Agreement and may result in, among other things, termination, or suspension of your rights to use the Web site and the Communication Services.
By posting, uploading, inputting, providing, or submitting your Contributions to any part of the Web site or Communication Services, you automatically grant, and you represent and warrant that you own or have the right to grant, to EuroPharma, Inc, all affiliates, and necessary sublicensees an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, edit, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This agreement will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web site or on any Communication Services. You are solely responsible for your Contributions to the Web site and Communication Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Web site and Communication Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
No compensation will be paid with respect to the use of your Contributions, as provided herein. EuroPharma, Inc is under no obligation to post or use any Contribution you may provide and may remove any Contribution at any time in EuroPharma’s Inc.’s sole discretion.
Digital Millennium Copyright Act (DMCA)
EuroPharma, Inc respects the intellectual property right of others and in compliance with the Digital Millennium Copyright Act will respond to notifications of alleged infringement. If you believe in good faith that your work has been copied and is accessible on this Web site or on any of our Communication Services in a way that constitutes copyright infringement, please provide us with Notification. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised the pursuant to federal law you may be held liable for damages, including costs and attorney’s fees if you make material misrepresentations in a Notification. If you are not sure that the material infringes your copyright, you should consider contacting an attorney.
All Notifications must meet the requirements of DMCA 17 U.S.C § 512(c)(3) and include the following information:
The Notification must be sent to the following mailing address:
Attention: Regulatory Specialist
955 Challenger Drive
Green Bay, WI 54311
The Notification can also be emailed to:
Notifications that fail to comply with the above requirements or do not contain the required information will not be considered sufficient notice.
Promotions: Terms & Conditions
EuroPharma, Inc., in its sole discretion, reserves the right to suspend or cancel any and all promotional offers or ongoing sale pricing on products offered on our Web site and Communication Services at any time without notice to any consumer.
You and EuroPharma, Inc. agree no joint venture, employment, partnership, or agency relationship exists between you and EuroPharma, Inc. as a result of this agreement or your use of this Web site and Communication Services. The terms set forth in this agreement pertain to your use of EuroPharma, Inc.’s Web site and Communication Services. If you do not agree to these Terms and Conditions, you are not authorized to access or use any of our Services.