Alpharma Equine Products
Terms of Use
Equine Health Products
  1. Welcome to the Alpharma Equine internet site ("EQUINE RPODUCTS") of the Animal Health Division of Alpharma Inc. ("Alpharma Inc.," "we," "our" or "us") PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS ALPHARMA EQUINE SITE. By using this ALPHARMA EQUINE Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use this ALPHARMA EQUINE Site. Alpharma Inc. reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time in accordance with the procedures set forth below in Section 14.

  2. You may freely browse this Site, but you may only download information from this Site, including any text, images, audio, and video (the "Information") for non-commercial personal use. You may not, however, distribute, modify, transmit, reuse, repost, or use the Information for public or commercial purposes, without written permission of Alpharma Inc.

  3. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download from this ALPHARMA EQUINE Site. You may not, however, distribute, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission of Alpharma Inc. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on this Site without the written permission of Alpharma Inc.

  4. With the exception of the foregoing limited authorization, no license to or right in the Information, or any copyright of Alpharma Inc. or of any other party is granted or conferred to you.

  5. This ALPHARMA EQUINE Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Alpharma Inc. and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of Alpharma Inc. and/or other parties is granted to or conferred upon you.

  6. While Alpharma Inc. uses reasonable efforts to include accurate and up-to-date information in the Site, Alpharma Inc. makes no warranties or representations as to the accuracy of the Information. Alpharma Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site. In particular, Alpharma Inc. will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. Alpharma Inc. neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Alpharma Inc. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Alpharma Inc. also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. Alpharma Inc. reserves the right to interrupt or discontinue any or all of the functionality of its Site. Alpharma Inc. does not accept responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether the result of actions or omissions of an entity of Alpharma Inc. or a third party.

  7. Except for information covered by our Privacy Policy, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Alpharma Inc. or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

    We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow Alpharma Inc. to accept or consider unsolicited creative ideas, suggestions or materials. Alpharma Inc. hopes you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Alpharma Inc. or under the direction of Alpharma Inc. might seem to others to be similar to their own creative work. Please do not send Alpharma Inc. any unsolicited materials such as ideas, concepts, pitches, suggestions, and/or other similar Materials ("Unsolicited Submissions").

    If, despite our request, you intentionally or unintentionally send Alpharma Inc. Unsolicited Submissions, or through features or activities on this ALPHARMA EQUINE Site, you submit, post or otherwise send Alpharma Inc. any information, content or materials (collectively, "User-Generated Content") through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the "Submissions"), Alpharma Inc. (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and Alpharma Inc. shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant Alpharma Inc. (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on this ALPHARMA EQUINE Site, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). To the extent that Alpharma Inc. solicits Submissions through features or activities on this ALPHARMA EQUINE Site that require the use of our copyrighted works (in whole or in part), Alpharma Inc. hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to Alpharma Inc. (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to Alpharma Inc. (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by Alpharma Inc.

    You hereby appoint Alpharma Inc. as your agent with full power to enter into and execute any document and/or do any act Alpharma Inc. may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

    You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Alpharma Inc. in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by Alpharma Inc., you agree not to enforce any such rights as to Alpharma Inc. or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

    The terms of the Submissions License shall govern our right to use all Submissions.

    Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to Alpharma Inc.

  8. ALPHARMA EQUINE Information may contain technical inaccuracies or typographical errors. We reserves the right to make changes, corrections and/or improvements to ALPHARMA EQUINE Information, and to the product and programs described in such information, at any time without notice.

  9. This Site may contain information on its worldwide products and services, not all of which are available in every location. A reference to an Alpharma Inc. product or service on this ALPHARMA EQUINE site does not imply that such product or service is or will be available in your location.

  10. Because we have no control over and do not endorse any of the sites to which this Site is linked and because we has not reviewed any or all of the sites to which the Site is linked, you acknowledge that Alpharma Inc. is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of Alpharma Inc. By making use of any such links, you understand that these Terms of Use and Privacy Policy of the linked site will apply and which may be different from those of this ALPHARMA EQUINE site.

  11. Alpharma Inc. accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policy of third parties.

  12. Although we may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or infringe upon another's copyright or trademark. You understand that all information, data, text, photographs, or other materials posted or transmitted on this Site, is the sole responsibility of the person from whom such content originated. This means that you, and not Alpharma Inc., are entirely and solely responsible for all content that you upload, post, or otherwise transmit via this ALPHARMA EQUINE Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

  13. If we become aware that you have violated any of the terms and conditions contained in these Terms of Use, we may immediately take corrective action including preventing the user from using the services offered by this ALPHARMA EQUINE Site and take down any information, data and content put on this Site by the user, at any moment and without notice. Alpharma Inc. does not accept any liability derived from this action.

  14. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of this Site following any amendment of these Terms of Use will signify and constitute your assent to and acceptance of such revised Terms of Use.

  15. Links to this Site are permitted only to the home page. You may not link to any other pages without the prior written consent of Alpharma Inc.

  16. Framing of this Site by sites or site elements is not permitted. In-line linking or any other manner of incorporating parts of this Site in other sites is equally prohibited.

  17. You will indemnify Alpharma Inc., its subsidiaries and affiliates, and each of their respective partners, officers, directors, employees, and agents save harmless, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, (whether legal or administrative) and expenses arising out of or relating to any use of any discussions, chats, postings, transmissions, bulletin boards, and the like contained on this ALPHARMA EQUINE Site, including any that may arise from a violation of this notice. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, misrepresentation or breach of warranty or other injuries or damage to business.

    LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ALPHARMA INC. OR ANY OF ITS AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS ALPHARMA EQUINE SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS ALPHARMA EQUINE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS EQUINE PRODUCTS SITE.

    MOREOVER, UNDER NO CIRCUMSTANCES SHALL ALPHARMA INC., OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, ORANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

    YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THIS ALPHARMA EQUINE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THIS ALPHARMA EQUINE SITE IN AN ACCURATE OR TIMELY MANNER.

    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

  18. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed, and that venue properly lies, only in state or federal courts located in the State of New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Alpharma Inc. makes no representation that information, content or materials on this ALPHARMA EQUINE Site are appropriate or available for use in any particular location. Those who choose to access this ALPHARMA EQUINE Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.