Effective: September 18, 2015
This Terms of Use Agreement and our Privacy Statement (together, these "Terms") describe the terms and conditions on which Amgen Inc. and/or Amgen USA Inc. (collectively, "Amgen") offers you access to the websites, applications and digital services on or to which these Terms are linked or referenced (collectively, the "Services").
Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between Amgen and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND AMGEN AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
If you do not agree to any of these Terms, please do not use the Services.
Certain features of the Services, such as mobile applications ("Apps"), promotions, offers and research studies, may be subject to additional terms and conditions ("Additional Terms") presented in conjunction with them. Amgen may present Additional Terms to you through the Services or offline. Regardless of how they are presented to you, Amgen requires that you agree to Additional Terms before using these features of the Services. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the Service(s) to which the Additional Terms apply.
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may amend or supplement these Terms. We will provide you with advance written notice of material changes to these Terms and will not make changes that have a retroactive effect on your privacy rights unless we are legally required to do so or to protect other users' use of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.
The Services, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo, service mark and/or other content provided on, in or through the Services (collectively, "Amgen Content") are owned by Amgen or its licensors and protected under both United States and foreign copyright, trademark and other laws.
If you agree to these Terms, then Amgen grants to you a personal, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Services and download, print and/or copy Amgen Content solely for your own use and subject to these Terms.
Nothing contained in these Services should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to Amgen's trademarks, logos or service marks ("Marks"), patents, trade secrets or other intellectual property embodied in the Services. Unauthorized use of any of the Marks or Amgen's other intellectual property may violate law. All rights not expressly granted herein are reserved by Amgen.
Unless Amgen provides you with written authorization to do so, you may not:
YOUR USE OF THE AMGEN CONTENT IS SOLELY AT YOUR OWN RISK.
The Amgen Content, including all medically-related information, is for informational purposes only. Please confirm all Amgen Content with other sources and with your physician and professional health care providers. Amgen does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Services.
AMGEN CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911.
5.1. Eligibility: You must be the age of legal majority or older in your place of residence to use the Services and a U.S. resident. By using the Services, you represent to Amgen that you are at least the age of majority in your place of residence and a United States resident.
5.2 Your Account: If you create an account ("Account") to use certain features of the Services, you agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
By creating an Account, you agree that Amgen may contact you using the contact information that you provide when creating your Account.
Please do not share your Account with anyone else. You are responsible for all use of your Account, including use by others to whom you have provided access to your Account. You also are responsible for any use of your Account by any person that is caused by your failure to secure your user ID or password.
5.3. Your Responsibilities: You may use the Services for lawful purposes only. You may not use the Services in any manner that could damage, disable, overburden or impair Amgen's servers or networks or interfere with any other party's use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services, other users' Accounts or Amgen's computer systems or networks through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not and you agree not to encourage or allow any third party to:
You are solely responsible for any and all charges, fees and other costs related to use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. Certain Services may require text messaging (SMS or MMS) capability. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider. We do not impose a separate charge for any text messaging services that Amgen offers but message and data rates may apply. All charges are billed by and payable to your mobile service provider. Amgen is not liable for any delay in the receipt of any text message, as delivery is subject to effective transmission from your mobile service provider. Text messages are provided on an "as is" basis and may not be available in all areas at all times.
Once you opt-in to receive text messages from us, the frequency of text messages that we send to you will depend on your transactions with us. By agreeing to receive text messages, you understand and agree that Amgen may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
5.4 User Contributions: Amgen may from time to time offer you access to web pages or screens in the Services on or through which you and others can display, publish or submit ("Post") information or otherwise provide feedback or information to Amgen ("User Contributions"). By Posting or transmitting User Contributions to Amgen (or Amgen's designees) through the Services, you grant Amgen and Amgen's designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your User Contributions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All User Contributions are deemed non-confidential and non-proprietary.
You are the owner of and responsible for your User Contributions. In consideration of your opportunity to use the Services to post a User Contribution, you represent and warrant that:
No Warranties
Amgen warrants that Amgen has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Amgen specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Amgen makes no warranty as to the accuracy, completeness, currency or reliability of any of the Services. Amgen does not warrant that (i) the Services will meet your requirements, (ii) operation of the Services will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by Amgen or its agents does not and will not create any warranty.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
AMGEN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF AMGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 6 IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AMGEN'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO AMGEN DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Amgen would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 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 MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold harmless Amgen and affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys' fees brought against Amgen by any third party arising out of or are related to your violation of these Terms or use of the Services. Amgen reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Amgen may be made without Amgen's prior written approval.
Amgen agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Services in compliance with these Terms infringes a third party's U.S. patent, copyright or trademark right.
Amgen may from time to time, in its sole discretion, develop and provide updates for Apps, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Amgen has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your mobile device settings, when your mobile device is connected to the Internet, then either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates.
Please promptly download and install all Updates. If you do not, portions of the Services may not properly operate. You further agree that all Updates will be deemed part of the Services and subject to all terms and conditions of these Terms.
Your affirmative act of using and/or registering for the Services constitutes your consent to enter into agreements with Amgen electronically.
The Services may contain information, news and/or press releases about Amgen. While this information was believed to be accurate as of the date it was prepared, Amgen disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Amgen contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Amgen.
The Services may contain links to third-party websites and services, including social media (collectively, "Linked Services"). Linked Services are not under the control of Amgen and Amgen is not responsible for Linked Services or for any information or materials on or any form of transmission received from any Linked Service. The inclusion of a link does not imply endorsement by Amgen of the Linked Service or any association with the operators of the Linked Service. Amgen does not investigate, verify or monitor the Linked Services. Amgen provides links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms and conditions of use and other legal provisions applicable to the Linked Services.
Unless otherwise set forth in a written agreement between you and Amgen, you must adhere to the following rules if you link to any portion of the Services: (i) any link to the Services must be a text only link clearly marked "Amgen Service," (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with Amgen's Marks, (iii) the link must "point" to the root domain name of the Amgen Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Amgen, (v) when selected by a user, the link must display the Service on full-screen and not within a "frame" on the linking website or service, and (vi) Amgen reserves the right to revoke its consent to the link at any time and in its sole discretion.
The law of the State of California shall govern these Terms, without reference to its choice of law rules. You and Amgen agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND AMGEN AGREE THAT EACH MAY BRING claims against the other only on an individual basis and not as a plaintiff or clASS member in any PURPORTED class or representative action or proceeding.
YOU AND AMGEN AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 13 AND THAT YOU AND AMGEN WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any controversy or claim arising under or related to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of these Terms to arbitration (collectively, "Covered Disputes") shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the Center for Conflict Resolution ("CCR Rules"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or Amgen may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect the rights or property of you or Amgen pending the completion of arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the CCR's Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Amgen will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Amgen for all fees associated with the arbitration that Amgen paid on your behalf which you otherwise would be obligated to pay under the CCR's Rules.
A single arbitrator will be selected in accordance with the CCR Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must be with written explanation and remain confidential.
If any provision of the agreement to arbitrate in this Section 13 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 13, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
The Services website may include statements concerning Amgen's operations, prospects, strategies, financial condition, future economic performance and demand for Amgen's products or services, as well as its intentions, plans and objectives, are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on or in the Services, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Services and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Amgen's securities-related filings or documents.
The Services are based in the State of California in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules and complete all required undertakings, including obtaining any necessary export license or other governmental approval, prior to exporting, re-exporting, releasing or otherwise making the Services available outside the United States.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Please note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Amgen under the laws of any jurisdiction outside the United States are hereby waived and that your sole location and applicable law for any dispute is in the United States according to the terms of Section 13.
Please make sure that you carefully read our Privacy Statement to learn about the information that Amgen collects through the Services and how we process it.
Without limiting the terms of Amgen's Privacy Statement, you understand that Amgen does not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure. Except as expressly required by law, Amgen is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Services. Amgen reserves the right at all times to disclose any information as Amgen deems necessary to satisfy any applicable law, regulation, legal process or governmental request or protect the security of Personal Information and the Services.
Certain parts of the Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor thereof, you receive only those rights with respect to the Services as are granted to all other users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
These Terms automatically terminate when you fail to comply with any term or condition of them. Amgen may terminate or modify your access to the Services, with or without notice to you, at any time for any reason. For example, access to the Services may be denied without notice if Amgen believes that you are a minor.
Termination will not limit any of Amgen's other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms (including but not limited to Sections 6, 7, 13, 16, 19 and 20) shall survive termination.
If you access an App via a mobile device or tablet branded by Apple, Inc. ("Apple") and running Apple's iOS (an "Apple Device"), the following terms ("Apple Device Additional Terms") are hereby made part of these Terms: