In addition to learning more about our products through our Website, we hope you will use this Website to interact with E.T. Browne Drug Co., Inc. (a New Jersey corporation located at 440 Sylvan Avenue, Englewood Cliffs, N.J., 07632, and the members of its corporate group ("E.T. Browne") and other users of our products in our hosted forums, which may includes blogs, chat rooms and other forms of interactive media ("Enhanced Services"). In order to take advantage of these Enhanced Services, users will need to register with our site ("Registered User(s)"). At the time or registration, users will be asked to generate a user name and a password.
Regardless of whether you are a visitor to this site, a casual user or a Registered User, by using the Website, you are representing to E.T. Browne that:
The entire content of this Website, including, but not limited to, text, graphics, logos, icons, images, audio clips, interfaces, software and the compilation of these elements is the property of E.T. Browne, our affiliates, partners or licensors, and is protected by United States and international copyright and other intellectual property laws.
You may access and use this Website for personal use only. You may retrieve and display content from this Website on a computer screen, download and print individual pages, and store such pages in electronic form for your own personal, non-commercial use. You may not use, reproduce or distribute all or any portion of this Website publicly or for any commercial purpose, and you may not modify any of the content of this Website.
The trademarks, logos, and services marks displayed on this Website are the registered and unregistered trademarks of E.T. Browne, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and International trademark laws. There may be other trademarks displayed on this Website that are owned by unaffiliated trademark owners. Other than as may be described on our Website no association, affiliation or sponsorship relationship between E.T. Browne and any such third party is either intended or implied by the presence of these third party trademarks on our Website.
During your use of the Website, you will have opportunities to take advantage of various Enhanced Services, including the ability to upload content, post messages and communicate with other users. You grant E.T. Browne a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, translate, transmit, create derivative works from, distribute, and sub-license any information or material you post or communicate to or through the site, including any discussion area postings, e-mails, or blog comments, in any medium now in existence or hereafter developed, for any purpose, including commercial and promotional purposes. You agree that E.T. Browne may use your name, image, comments, photographs or any other material posted to or communicated through the Website to promote E.T. Browne's products without your prior approval, and without any compensation to you and you hereby waive any right or claim relating to said use of your name, image or content.
E.T. Browne does not warrant that the product descriptions or any other content on this Website is accurate, complete, reliable, current, or error-free, or that access to the site will be uninterrupted or secure. To the fullest extent permissible pursuant to applicable law, E.T. Browne disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, title and non-infringement. To the fullest extent permissible pursuant to applicable law E.T. Browne is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence or strict liability, in connection with the Website, the Website content, or the products promoted or sold on the Website, even if advised of the possibility of such damages.
E.T. Browne does not endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements posted by users of the Website in any discussion area, blog or elsewhere on the site. Any comments or other material posted by users on the Website express the views of, and are the responsibility of, those users and do not necessarily represent the view of E. T. Browne.
Individual non-commercial users may create a hyperlink to the home page of this Website for personal, non-commercial use only. A Website that links to our Website may not (i) create a frame or any other browser or border environment around the content of this site; (ii) imply that we are endorsing or are affiliated with such a site or its services or products; (iii) replicate the content of our Website; (iv) contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) portray our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; or (vi) link to any page of the Website other than the home page. We may in our sole discretion, require that you remove any link to this Website.
For the convenience of users, this Website may contain links to other Websites that are owned and operated by other unrelated parties. We have no control over or responsibility or liability for the content of these Websites, or for the policies or practices of their owners or operators. Links do not imply that E.T. Browne sponsors, endorses, is affiliated or associated with any such sites.
In order to use our Enhanced Services, you must register with this Website and select a password and user name. For security reasons your password must not be disclosed to any other person. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under your password and user name. You agree to: (a) immediately notify E.T. Browne of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. E.T. Browne cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the TOU.
You are responsible for your use of this Website and for your conduct while on the site, including use of any Enhanced Services offered through this Website including any chat room, blog or other feature. While using this Website and any Enhanced Services, you agree not to use any language that is obscene, indecent or offensive in any postings, e-mails, blog comments, or discussions. You also agree not to place on the site any material that is false, defamatory, abusive, threatening, or that constitutes harassment. The same requirements apply to any photographs or other graphic works (drawings, etc.) you post on the site. Breach of these obligations may result in termination of your access to the site and access to any Enhanced Services offered to Registered Users.
Users are prohibited from placing on the Website any material that is encrypted, and from using any robot, spider, or other automatic device or manual process to monitor or copy any content from, or interfere with the proper operation of the Website or the Enhanced Services. Users may not use the Website or the Enhanced Services to create or send any commercial email, junk mail or unauthorized advertising. Furthermore, users may not engage in conduct that interferes with any other user's use or enjoyment of the Website, invades another's privacy, encourages actions that would be considered a criminal offense or give rise to civil liability, or that otherwise violates any applicable law or regulation. You may not interfere in any way with E.T. Browne's servers and may not knowingly introduce viruses, worms, trojans, logic bombs or other material which is malicious or technologically harmful. You must not attack the Website via a denial-of service-attack or a distributed denial-of-service attack. You agree to use this site solely for lawful purposes and you acknowledge that your failure to do so may result in termination of your access to the site and may subject you to civil and criminal liability.
E.T. Browne may discontinue or delete all or any portion of the Enhanced Services and/or any content or feature of the Website, including any discussion, blog or other posting to or feature of the Website at any time, for any reason or for no reason, and may limit the hours of availability or the level of use permitted.
E.T. Browne expects the users of this Website to respect the copyrights of others. It is a violation of the TOU for a user to post material that infringes the copyrights of others.
E.T. Browne may, under appropriate circumstances and in accordance with these TOU, terminate the accounts of users who post material that E.T. Browne has a reason to believe infringes on the copyrights of others.
In accordance with the Digital Millennium Copyright Act ("DCMA") 17 U.S.C. 512 of the United States of America, E.T. Browne has appointed a Designated Agent to receive notification of claimed copyright infrigement. If you believe that material on the Website infringes a copyright, you may provide written notice to our Designated Agent containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv)Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information listed above, or we may not be able to process your complaint.
Send your notification of claimed infringement to E.T. Browne's Designated Agent for copyright complaints as follows:
Angela Hughes at TechnicalAffairs@palmers.com
E.T. Browne may, at its discretion and without providing notice to users, terminate the access of any user who violates the conditions stated in these TOU, including but not limited to, the posting of prohibited content, conducting any activity while on the site that violates any law or legal obligation of the user, interfering with E.T. Browne's server, violating any copyright or other right of any third party.
E.T. Browne reserves the right to review, edit, move, or delete any material posted by users on the site, in its sole discretion and without notice to the user, that violate these TOU, including, but not limited to, language that is obscene, offensive, threatening, abusive, harassing, that incites criminal activity, that consists of unauthorized advertising, or that violates any copyright, trademark or other right of any third party. E.T. Browne may, but is not required to, restrict or remove submitted photos that it deems inappropriate.
Postings to discussion areas and blogs are not private. All content submissions to such areas on the Website are made at the risk of the person making the submission. Any information you include in a message you post to any message board, discussion group, or other public posting area on the Website is available to anyone with internet access. Please take any necessary precautions to protect your personal information. For example, if you do not want people to know your name or e-mail address, make sure not to include that information in any message you post publicly.
The TOU constitute the entire agreement between you and E.T. Browne and govern your use of the service and the Website, superseding any prior agreements between you and E.T. Browne. You also may be subject to additional terms and conditions that may apply when you use or purchase goods or services from this Website or from third parties through this Website.
The TOU and the relationship between you and E.T. Browne shall be governed by the laws of the state of New Jersey without regard to its conflict of law provisions. You agree to submit to the person al exclusive jurisdiction of the courts located within New Jersey, and waive any venue or inconvenient forum objections to such courts.
The failure of E.T. Browne to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is/are found by a court of competent jurisdiction to be invalid, you and E.T. Browne each agree that the court should endeavor to give effect to our intentions as reflected in the relevant provision, and that the other provisions of the TOU should remain in full force and effect.
Except as otherwise stated in this TOU, this TOU does not create, confer or purport to confer any benefit or right on any person who is not a party to it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, E.T. BROWNE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, THE USE OF OR INABILITY TO USE ITEMS FEATURED ON THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.