USE OF KINRAY'S
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This Weblink website (“Weblink”) is owned and operated by Kinray, Inc. and its affiliates (“Kinray”). Questions concerning this Website should be directed to Kinray’s Customer Service department. Weblink is only intended to be used by, and made accessible to, authorized persons and only in the manner authorized by Kinray. Any other use by any other person is strictly prohibited.
This Agreement sets forth the rules and policies that govern Weblink. The purpose of Weblink is to provide authorized visitors with a convenient means to access information pertaining to Kinray. The term "visitor" includes any person that accesses Weblink. Visitors are expected to follow any posted guidelines or rules. Kinray may update this Agreement from time to time without notice. Any changes in our terms of usage will be incorporated into a revised Agreement that will be posted on Weblink. All visitors have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when posted. Your access or use of Weblink constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access Weblink. If you do not agree with these terms, or any of Kinray’s posted guidelines, you are prohibited from utilizing Weblink.
Visitors are responsible for providing accurate, timely and complete information to Kinray and its operational providers, agents and affiliates in connection with the use of Weblink. Your right to utilize Weblink will be canceled immediately, without notice, if Kinray discovers that you or any business/person affiliated with you (a) provide(d) false or misleading information to Kinray; (b) violate(d) any term of this Agreement; (c) violated the term of any other agreement or understanding with Kinray; and/or (d) violated any policy hereinafter effectuated by Kinray. Kinray, including its affiliates, subsidiaries, officers, directors, shareholders, employees and agents are not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided to Kinray or from a visitor's failure to fully comply with any provision of this Agreement. If necessary, and in accordance with applicable law, Kinray will cooperate with local, state and/or federal authorities to protect Kinray and to prevent unauthorized use of Weblink and/or the information provided/received herein.
Visitor acknowledges that information obtained, directly or indirectly, through or from Weblink consists of “Confidential Information” of Kinray. Visitor and its representatives agree: (a) to hold and maintain the Confidential Information in strictest confidence and to take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions visitor employs with respect to visitor’s confidential materials); (b) not to divulge any Confidential Information or any information derived therefrom to any third person without prior written consent of Kinray; (c) not to make any use whatsoever at any time of such Confidential Information, except to further the business relationship of visitor and Kinray; (d) to take all reasonable steps to ensure that all principals, officers, agents, employees, representatives, consultants, or any other persons affiliated in any manner with visitor do not disclose, or make public, or authorize any disclosure or publication of any of the Confidential Information; and (e) not to copy or reverse engineer any Confidential Information. Visitor may make disclosures required by court order or governmental agency. Unless otherwise prohibited, visitor shall provide Kinray with prompt advance notice in writing of any request by a third party to review Confidential Information, so that Kinray may, at its discretion, defend against such legal obligation, seek a protective order or the appropriate remedy and/or waive compliance with the provisions of this provision. In the event that such protective order or other remedy is not obtained, visitor will furnish only that portion of Kinray’s Confidential Information which, upon written advice of counsel, it is legally required and will exercise its reasonable efforts to obtain reliable assurances that confidential treatment will be accorded such Confidential Information.
Visitors are required to select a password, user name, or other security item. Visitors are responsible for maintaining the confidentiality of the password and any other registration information. Visitors agree to immediately notify Kinray of any improper publication of your password, as well as any unauthorized use of your password or other registration information. You agree to indemnify and hold Kinray, its affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password or registration information.
Ownership of Information
Downloading content from Weblink does not give the visitor title to such materials, including any files and/or data. Title to same shall remain with Kinray. A description or reference to a product, service or publication on Weblink does not imply endorsement by Kinray of that product, service or publication.
Redistribution, retransmissions, republication, reproduction and/or commercial exploitation of the contents of Weblink are expressly prohibited, except as specifically authorized, in writing, by Kinray and any copyright owner from whom Kinray has obtained a license. All rights not expressly granted herein are reserved. Visitors may not adapt or further distribute any text, software, logo, graphic, sound or image set forth here in Weblink (the "Intellectual Property") without the prior written authorization of Kinray. The Intellectual Property is the property of Kinray, and is protected by copyright, trade dress and other applicable laws. Violators are subject to prosecution under those laws.
In addition, the software incorporated in Weblink is strictly proprietary and may not be used for any purposes other than by its intended users in the manner authorized by Kinray. Any other use, including re-transmittal, reverse engineering, reproduction, or adaptation by any person in any manner other than the manner authorized by Kinray is strictly prohibited.
Nothing on Weblink shall be construed as conferring any license under any intellectual property right, including but not limited to, any right in the nature of trademark or copyright of Kinray or any third party, whether by estoppel, implication or otherwise. Unless otherwise noted, Kinray is the owner of all trademarks and service marks on Weblink, whether registered or not.
Weblink contains information obtained from third party licensors (“Obtained Content”). The Obtained Content is intended for reference purposes only. It should not be construed to indicate that the use of a pharmaceutical is safe, appropriate, or effective. By accessing Weblink, visitor acknowledges that the professional duty to the patient in providing healthcare services lies solely with the healthcare professional providing patient care services. Visitor takes full responsibility for the use of Obtained Content. Kinray does not assume any responsibility for actions of any other party which may result in any liability or damages due to malpractice, failure to warn, negligence, or any other basis.
No Representations or Warranties
Kinray makes no representations or warranties that Weblink is free of defects, viruses or other harmful components. Kinray shall not be responsible for any damages or loss that may result from accessing Weblink.
All information obtained from weblink is provided on an “as is” basis. KINRAY does not warrantY, either expressly or by implication, the accuracy of any information provided on weblink (including websites with links from weblink) or its suitability for any particular purpose, and expressly disclaims all warranties, including, but not limited to, warranties of merchantability, non-infringement AND/or fitness for a particular purpose. Kinray does not guarantee the accuracy, validity, timeliness, completeness or reliability of any information or data made available to visitors or its suitability for any particular purpose.
Neither Kinray, nor any of its partners, affiliates, subsidiaries, shareholders, directors, officers, employees, agents are liable or shall have responsibility of any kind to any visitor for any loss or damage that a visitor incurs in the event of (i) any failure or interruption of this WEBsite; (ii) any act or omission of any third party involved in making this site or the data contained herein available to visitors; (iii) any other cause relating to a visitor's access or use, or inability to access or use, any portion of this WEBsite; or (iv) any visitor's interaction or submissions on the website. In no event will Kinray, its affiliates, subsidiaries, shareholders, officers or employees be liable to any visitor for any direct, special, indirect, consequential, or incidental damages or any other loss or damages of any kind, including but not limited to lost profits, whether based on warranty, contract, negligence, tort or any other legal theory, even if Kinray, its affiliates or any other party has been advised of the possibility thereof. Further, In no event shall Kinray’s liability exceed ONE THOUSAND DOLLARD ($1,000.00), regardless of the form of the action or claim, and regardless of whether the action or claim is based on any alleged act or omission of Kinray, including but not limited to any action based on negligence, breach of warranty or breach of contract.
Prices identified on Weblink are anticipated prices of products offered for sale by Kinray. Actual pricing of any product is subject to confirmation at the time an order is placed with and accepted by Kinray. If there is a discrepancy in price, the price in effect at the time of billing will take precedence.
In the event that a product is listed with an incorrect price due to a typographical or other error, Kinray reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or accepted. If the order is canceled after account has been charged for the purchase, Kinray will issue an appropriate credit.
While Kinray maintains procedures to protect personal information transmitted to Kinray, any communications via the internet may be subject to breaches of security. Kinray is not responsible for any resulting damage to any visitor for any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, or any other technical or other malfunction during any visitor transmissions. In furtherance thereof, by utilizing Weblink you agree to assume the risk of risk and liability arising from your use of Weblink, and further agree to waive any claim you may have against Kinray, its affiliates, subsidiaries, operational providers, partners, shareholders, officers, employees, directors and agents for damages, claims and/or losses that may be suffered and/or incurred as a result of visiting, utilizing and/or providing information in any way relating to Weblink. Furthermore, by utilizing Weblink, you agree to indemnify and hold Kinray, its affiliates, subsidiaries, operational providers, partners, shareholders, officers, employees, directors and agents, harmless for any damages, claims and/or losses (including costs and attorneys’ fees) asserted against Kinray and said entities and individuals as a results of actions and/or omissions by you as a result of visiting, utilizing and/or providing information in any way relating to Weblink.
Our Security Procedures
Kinray requires employees to protect the privacy of all information collected on Weblink. Only employees and persons with specific authorization have access to databases containing visitors' personal information. The databases are protected in a secure facility. If Kinray decides to share visitor information with others, the receiving entity will also maintain the security and integrity of the personal information collected from Weblink.
Weblink contains links to other websites, which are the sole responsibility of such independent third parties, and use thereof is solely at visitor’s risk. Kinray has no control over the content or policies of such third party website, and Kinray is not responsible or liable for the content, accuracy or reliability of any websites linked to Weblink. Kinray is providing these links solely as a convenience, and the inclusion of any link does not imply endorsement by Kinray of the website and/or the entity(ies) identified therein. It is your responsibility to take precautions to ensure that whatever you select for your use is free of such items as infection, viruses, worms, Trojan horses or other code that manifests contamination or destructive properties.
No unlawful or Prohibited Use
As a condition of your use of Weblink, you agree not to use Weblink for any purpose that is unlawful or prohibited by the terms hereof. You agree not to utilize Weblink in any manner that could damage, disable, overburden or impair any Kinray server, or the network(s) connected to any Kinray server, or interfere with any other party’s use and enjoyment of Weblink. You agree not to attempt to obtain unauthorized access to Weblink or software, other accounts, computer systems or networks connected to any Kinray server or Weblink.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of Weblink will be subject to the exclusive jurisdiction of the Federal and State courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts.
This Agreement constitutes the entire agreement between Kinray and visitor, and supersedes all prior and contemporaneous contracts, agreements and understandings between the parties, whether written or oral, with regard to Weblink. This Agreement may not be amended except in writing signed by authorized representatives of the parties hereto. No changes, amendments, or alterations to this Agreement shall be effective unless in writing and signed by duly authorized representatives of the respective parties. Headings used in this Agreement are for reference purposes only and shall not be used to modify the meaning of the terms and conditions of this Agreement. The waiver of or acquiescence by any party hereto to any terms or provision hereunder, or the failure of any party to insist upon strict compliance with any warranty, certification, representation, agreement, term or condition in this Agreement, shall not constitute a waiver of any subsequent waiver, acquiescence, default or failure, whether similar or dissimilar. If any provision of the Agreement is held to be invalid by a court of competent jurisdiction, the unenforceable provision shall be deemed severable from the remaining terms, which will remain in full force and effect.
You may contact Kinray directly if you have any questions regarding Weblink, please contact Kinray using the Contact Us link on the website or at:
Kinray, Inc. 152-35 Tenth Avenue, Whitestone, New York 11357 :Attn: Customer Service