Allergan Direct Web Site

Conditions of Use

Welcome to the Allergan Direct web site ("Site"). Allergan is pleased to provide this web site for your use and convenience, subject to these Conditions of Use. The Site is intended solely for use by Allergan customers or the authorized representatives of Allergan who reside in the U.S. By accessing or using the Site you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Conditions of Use.

This Site is intended by Allergan to be a tool to facilitate transactions between Allergan and its customers. You agree that neither the content nor use of this Site shall modify or amend the terms and conditions of any written agreement between you and Allergan for the sale of products and all transactions for the sale of products shall remain subject to such agreement. In the absence of a written agreement between Allergan and the purchaser, Allergan's standard invoicing terms and conditions of sale ("Terms and Conditions") shall apply to all sales of products.

Allergan reserves the right to make changes to the Site and it's Conditions of Use at any time without notice. By using this Site following any such changes, you agree to follow and be bound by the Conditions of Use as changed. Each time that you use the Site, you should visit and review the current Conditions of Use that apply to your use of the Site and any transactions made while on the Site. If you are dissatisfied with the Site's content or the Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.

The Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user or conducting fraudulent activities on the Site are prohibited.

Conditions of Use Shall Include the Following:

Each of the section titles will include a hyperlink to the appropriate section in the Conditions of Use

Privacy:

Allergan's Privacy Policy applies to use of this Site, and its terms are made a part of these Conditions of Use by reference. To review Allergan's Privacy Policy and for information regarding the privacy practices of the Site, click on the link applicable to the country where you reside and are ordering from for

Terms and Conditions of Sale:

Please review the Allergan Terms and Conditions for information regarding the terms and conditions that govern your purchases by means of the Site.

Safe Shopping Policy

We use a variety of information security measures to protect your online transactions with us. The Site uses encryption technology, such as Secure Sockets Layer (SSL) to protect your personal information during data transport. SSL protects information that you submit via our web site, such as ordering information, including your name, address and credit card number.

Security

If you use this Site, you are responsible for maintaining the confidentiality of your user account information, including your password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your user account and password, including but not limited to, fraud, any changes or updates to credit card information, changes to persons who may access and conduct transactions under your account, etc. You agree to notify Allergan immediately of an unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Allergan or any other user of or visitor of the Site due to someone else using your password or account as a result of your failing to keep your account or password information secure and confidential. Your right to use this Site is not transferrable.

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network; or (e) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Allergan, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism to navigate or search the Site other than the search engine and search agents provided by Allergan or generally publicly available browsers.

No License

The use of the Site shall not confer upon any user any license to use, copy, distribute or manufacture under any proprietary rights owned or controlled by Allergan; it being specifically understood and agreed that all such rights are reserved to Allergan.

Allergan and other identifying marks of Allergan are and shall remain the trademarks and tradenames and exclusive property of Allergan. Any unauthorized use of these marks is unlawful. (Other trademarks, on this website are the property of their respective owners. All content on this website is the copyrighted property of Allergan (or, in certain cases, other users of this website or third party content providers) and is protected by international copyright law. Information on this website may be used by you only for your personal use as provided for in these Conditions of Use but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Electronic Communications

When you visit the Site or send e-mail messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site.  E-mail messages on selected health topics and promotions will include instructions which will allow you to opt-out from receiving any further e-mails of this type from Allergan. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Regulatory Matters

You acknowledge that certain products referenced on or through this Site may be subject to regulatory requirements. Some of these regulations may impose requirements on purchasers and users of certain products, and under certain circumstances different or unanticipated product usage may trigger new or additional regulatory requirements. You acknowledge and agree that you will be solely responsible for learning, understanding, and complying with all laws and regulations potentially applicable to those products that you purchase through the Site. As a user of the Site, you agree to properly investigate the applicability of all such requirements, and warrant that you are properly authorized to order, purchase, administer and/or dispense any products requiring licensing or permitting as a condition of their use, administration and distribution.

Accuracy of Information

The Site attempts to be as accurate as possible when describing and displaying our products on the Site. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, catalog numbers, prices, colors, information or other content available on the Site are accurate, complete, reliable, current or error-free

Proprietary Information

Any communication or material that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary information, and Allergan shall have no obligation of any kind with respect to such information. Allergan and any of our affiliates may use such information for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates shall be free to use such information, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information. Please consult our Privacy Policy for more information.

Links to Other Sites

This Site may include links to other sites. These links are provided solely for purposes of convenience. Allergan is not responsible for the content or accuracy of information contained on other sites or other site's privacy practices. Allergan is not liable for any damages or injury arising from content contained on other sites. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release Allergan and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

Errors on Our Site

Prices, availability of products and services, and product information are subject to change without notice. Errors will be corrected where discovered, and Allergan reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions and to change or update information at any time without notice, including after an order has been submitted and whether or not the order has been confirmed and your customer account or credit card charged. If your customer account or credit card has already been charged for the purchase and your order is cancelled, Allergan will issue a credit to your customer account or credit card in the amount of the charge. Individual bank policies will dictate when any credit card credit is credited to your account.

Pricing Policy

Online prices and selection may vary. Prices and offers are subject to change without notice.

Sales Tax Policy

Items purchased on this Site may be subject to tax. Allergan shall collect and remit such applicable taxes to the appropriate government authority. If you are a tax-exempt entity, or are purchasing items pursuant to a resale or other exemption, you may be eligible to take advantage of your tax-exempt status for applicable purchases made on the Site. Allergan reserves the right to request additional information for purposes of verifying your tax-exempt status. Allergan will gladly assist you with placing a tax-exempt order. For assistance with tax-exempt transactions, please call Customer Care at 1-800-433-8871.

Items purchased may be subject to sales/use tax in accordance with state tax laws to where the order is shipped. f you are a tax-exempt entity or are purchasing items pursuant to a resale or other exemption certificate, you need to provide us with a copy of a state resale certificate, exemption certificate, or other acceptable proof of your exempt status for the state where the items will be shipped. Allergan will gladly assist you with placing a tax-exempt order. For assistance with tax-exempt transactions, please call Customer Care at 1-800-433-8871. For other questions about tax on items purchased, please contact the Allergan Sales Tax Department at (800) 347-4500, ext 7224.

Paying for Your Order

If you are a customer with a credit account you may charge your order to your Allergan account. You may also pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card.

Generally, your credit card will not be charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped, along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line.

We also accept payment by e-check, an electronic funds transfer program that will automatically deduct the cost of your online order from your checking account. For payments made by e-check, you will be asked to provide the following personally identifiable information:

The information is collected only when you voluntarily provide it. E-check enrollment is optional. Previously entered information for e-check transactions will not be selectable for future use therefore requiring the entry of the above information for each e-check transaction.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will notify you using the e-mail address on file for your Allergan Direct account.

Your credit account or credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your account or card.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Allergan reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order Limitations/Limited Quantities

Allergan may, at its own discretion, limit or cancel quantities purchased per person, per account or per order. Allergan also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you by contacting the e-mail and/or billing address on file for your Allergan Direct account.

Shipping

All orders placed on this Site are subject to product availability. All orders shipped within the U.S. via overnight delivery or next day air delivery (including all OZURDEX®(dexamethasone intravitreal implant) 0.07 mg and BOTOX®(onabotulinimtoxinA) orders) will be shipped FOB destination. All other orders shipped within the U.S. will be shipped FOB Allergan’s shipping point. Allergan and you will negotiate in good faith regarding any goods lost, damaged or destroyed while in transit. Shipping dates provided on the Site are estimates only and actual dates of shipment may vary. For any shipping concerns, please refer to the shipping details in your order.

Loyalty Programs

Allergan offers loyalty programs to its customers. This Site refers to aspects of the customer loyalty programs. However, Allergan cannot guarantee that information regarding the programs that is included on this Site, including but not limited to point totals and levels, will be error free. The most reliable source of information regarding customer loyalty programs is the loyalty program web site.

Adverse Event Reporting

This Site is not intended for adverse event reporting. To report SUSPECTED ADVERSE REACTIONS, contact Allergan at 1-800-433-8871 or FDA at 1-800-FDA-1088 or www.fda.gov/medwatch.

Termination of Use

Allergan may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Allergan reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without notice.

Potential Disruption of Service

Access to the Site may from time to time be unavailable, delayed, limited or slowed due to, among other things: (a) hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; (b) software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; (c) overload of system capacities; (d) damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; (e) interruption (whether partial or total) of power supplies or other utility of service; (f) strike or other stoppage (whether partial or total) of labor; (g) governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or (h) any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Allergan.

Limitation of Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED "AS IS" "AS AVAILABLE". ALLERGAN IS NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE. ALLERGAN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, INTEFERENCE BY THIRD PARTIES, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, ALLERGAN WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL ALLERGAN BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND ALLERGAN'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

ALLERGAN DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

UNDER NO CIRCUMSTANCES WILL ALLERGAN BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER ALLERGAN HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Miscellaneous

These Conditions of Use contain the entire agreement of Allergan and you and supersedes all existing agreements and all other oral or written communication between them concerning its subject matter. The paragraph headings contained herein are intended for convenience of reference only and shall not affect the interpretation of any provision. If any provision of this invoice shall be held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired. These Conditions of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California.

How to Contact Us

If you have questions about Allergan's Conditions of Use, we are available Monday through Friday from 6:30 AM to 4:00 PM Pacific Time.

Phone:

1-855-AGN-DRCT / 1-855-246-3728

Email:

AllerganCustomerService@Allergan.com

Regular Mail:

Allergan

Attn: Customer Care

Mail code: AND-180D

2525 DuPont Drive

Irvine, CA 92612

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