Terms & Conditions

Boehringer Ingelheim

Last Updated: May 11, 2020

These Terms of Use & Service (“Terms of Use”) apply to Web sites and mobile applications (“Apps”), including but not limited to PetPro Connect and PetPro Tele+ (collectively “Service(s)”, Service may include both PetPro Connect and PetPro Tele+, or where applicable Service may refer to PetPro Connect and PetPro Tele+ separately) owned and/or operated by Boehringer Ingelheim Animal Health USA Inc., Boehringer Ingelheim USA Corporation and Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim Vetmedica GmbH, along with its affiliates (“BI,” “We”, “Our”, or “Us”).

Please read these Terms of Use carefully before using our Services.

By accessing or using any part of our Services, you acknowledge that you have read, understand and agree to be bound by the following terms, the BI Privacy Policy and all applicable laws and regulations. Please review the Dispute Resolution section carefully, as it limits your ability to sue BI or participate in a class action against BI. If you do not agree to these Terms of Use, you are not permitted to access, download or use this Service. If you choose to continue to use or access the Service after having the opportunity to read these Terms of Use, you recognize that BI has provided valuable consideration by offering these Services, and in exchange for that valuable consideration, you agree to the Terms of Use hereof.

The Service is not directed to children younger than 13, and access and use of our Service herein is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older.

You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Scope and Registration
1.1. BI operates Services under this Terms of Use which enables veterinarians and/or operators of veterinary clinics or practices (“Vets”) to provide certain veterinary consultancy services, information access, administration and information services, and other services involving animals (“Vet Services”) for animal, including pet, owners or other users (“Pet Owners”) who are registered with through one or more of our Services. BI enables Vets to access an administrator area via the web for PetPro Connect at https://dashboard.petproconnect.com and for the PetPro Tele+ at https://app.petproteleplus.com, or other domains may be provided (“Web Interface”) and, where applicable depending on the Service used, to connect their existing practice information management system (“PIMS”) through an external third party service to improve the Vet Services to Pet Owners and add content (such content together with the content stored in the course of the provision of Vet Services to Pet Owners (“Vet Content”). All provisions herein apply to the Vet, Pet Owners, or any other users where such provision is applicable.

1.2. The Vet is responsible for inviting Pet Owners and granting them access to certain Vet information by providing the respective Pet Owner with a unique code or link. This code or link enables the matching between the Services and the PIMS, if and where applicable. The Pet Owner has to download the App such as PetPro Connect and/or PetPro Tele+ on a suitable smartphone, tablet or other device (“Devices”) and complete the registration process required by the App. Pet Owners may then be granted access to Vet Services and Vet Content through the App. Alternatively, there may be certain Services that may be downloaded by Pet Owner without the Vet.

1.3. By registration and creating an account, the Vet/Pet Owner understands and agrees to all of the terms and conditions under this Terms of Use as well as the Privacy Policy as shown in the registration process.

1.4. Vet/Pet Owner agrees for the term of this Terms of Use to receive communications from BI or its designated third party from time to time including updates, marketing, educational, surveys or other communications.

1.5. In the event the Terms of Use is accepted by the Vet/Pet Owner via other written means outside of the Web Interface, such written communications shall be incorporated as reference into the App and deemed as a binding obligation for the Vet/Pet Owner as if the Vet/Pet Owner registered online.

1.6. At BI’s discretion, our Services may offer additional website or app services and/or products, or update, modify, or revise any current content and services under this Terms of Use, and this Terms of Use shall apply to any and all additional services and/or products and any and all updated, modified or revised service and/or products unless otherwise stipulated. BI hereby reserves the right to cancel and cease offering and of the aforementioned services and/or products. Vet/Pet Owner acknowledges, accepts and agrees that BI shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinue of any of our services and/or products. The Vet’s/Pet Owner’s continued use of Services after such posting of any updates, changes, and/or modifications shall constitute Vet’s/Pet Owner’s acceptance of such updates, changes and/or modifications, and as such, frequent review of this Terms of Use and any and all applicable terms and policies should be made by Vet/Pet Owner to ensure awareness of all the terms and policies currently in effect. Should the Vet/Pet Owner not agree to the update, revised, or modified terms, Vet/Pet Owner must stop using our Services.

2. System Requirements
2.1. To use our Services, Vet/Pet Owner will ensure they have the requisite hardware and software necessary to operate the applicable Service.

2.2. Vet understands that the use of our Service will grant BI access to information that may be confidential or sensitive including personal information as well as granting BI access to the Vet’s PIMS. Vet represents and warrants that Vet has the right to grant BI such access to such information and shall ensure such information will be compatible and capable of being integrate into the applicable Service.

3. Access of Vet/Pet Owner to BI Services
3.1. For the full exploitation of certain Vet Services, as may also be necessary, Vet hereby grants BI access to its PIMS through means of an application programming interface (“API”) or such other means as suggested by BI. Access to the Web Interface and the API takes place via ID and passwords.

3.2. Vet is responsible to BI for ensuring that in the context of the access rights granted: (i) all admins are fully authorized to use the Web Interface and entitled to represent the Vet legally in this respect; and (ii) any person that accesses any of our Services and/or an API on behalf of or under the access credentials of the Vet is fully authorized by the Vet.

4. App for Pet Owners
4.1. Pet Owner(s) will have access to the App, but in a different interface and level of access than the Vet.

4.2. Use of App by the Pet Owners requires a Device and corresponding software that meets the requirements of the relevant operating system. An internet connection is also necessary.

4.3. Vet is responsible for selecting the Pet Owners and providing them with the code and/ or link for registration. Vet grants BI the right to access their Pet Owner’s information, PIMS, and other data for the Services. BI shall not be obligated to provide or responsible for any Vet Content of Vet Services conducted between the Vet and Pet Owner. Vet represents, warrants, and covenants that they shall abide by all laws and regulations in the performance of their services for the Pet Owner. BI shall not be liable for the content that is provided by Vet or Pet Owner when using the Service.

4.4. BI is entitled to stop maintenance and updating services for the version prior to the most recent version of the Device operating system.

4.5. BI is entitled at any time and in its sole discretion to terminate or suspend Pet Owner’s access to the App; Vet acknowledges that, in case of such termination or suspension, Pet Owners will be unable to access Vet Content and Vet Services via the App.

5. Relation between Vet and Pet Owner
5.1. Vet acknowledges and agrees that any contractual or fiduciary relationship regarding the provision of Vet Content and Vet Services is solely between Vet and Pet Owner and BI shall not be liable or responsible for any misrepresentation, omission, negligence, recklessness, or wrong doing of the Vet and Pet Owner. A Vet must met the AVMA’s guidelines and sufficiently establish a veterinary client patient relationship (“VCPR”) when dealing with their client. At a minimal for establishing the VCPR, (i) the Vet has assumed the responsibility for making clinical judgments regarding the health of the client/patient and the client has agreed to follow the veterinarians’ instructions; (ii) the Vet has sufficient knowledge of the client/patient to initiate at least a general or preliminary diagnosis of the medical condition of the client/patient (the Vet should be personally acquainted with the keeping and care of the client/patient by virtue of a timely examination of the client/patient by the veterinarian, or medically appropriate and timely visits by the veterinarian to the operation where the patient is managed, (iii) the Vet is readily available for follow-up evaluation or has arranged for the following: veterinary emergency coverage, and continuing care and treatment, (iv) the Vet provides oversight of treatment, compliance, and outcome, (v) the client/patient records are maintained.

5.2. In the event the Vet provides any VPCR or other health care practices/services through the Service, Vet represents, warrants, and covenants that it shall follow all legal, regulatory, and industry standards, policies, guidelines, and/or law prior to conducting such Vet Services or providing any Vet Content, including any privacy and data protection law or abide by the level of care and fiduciary standards needed for such services. Vet agrees that BI shall not be responsible or liable for any actions of Vet, including medical malpractice or erroneous information provided from Vet to Pet Owner.

5.3. Our Services allow participating Vets and its VPCR Pet Owners to conduct telemedicine services, which may include a fee for such use. USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. BI DOES NOT PROVIDE ANY MEDICAL ADVICE TO ANY OF ITS USERS. While the Services may provide access to certain general medical information, and allow Pet Owners to communicate with Vets, the Services we provide cannot and are not intended to provide medical advice. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

5.4. If you are a Pet Owner, you accept responsibility for yourself in the use of the telemedicine Services. You acknowledge that your relationship for health care services is with your Vet, and your obtaining services from the Vet through the Services is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold BI liable in any way for any malpractice or substandard treatment the Vet may render.

5.5. We do not confirm the credentials of the Vets using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the Pet Owner’s responsibility to separately confirm that a Vet is in good standing with his or her respective licensing board(s).

5.6. If you are a Vet, you accept responsibility for your clients or Pet Owners as well as yourself in the use of the telemedicine feature of the Service. You are also responsible for the quality of the services you provide during your use of the telemedicine Service and for complying with all applicable laws in connection with your use of the telemedicine Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements. BI is entitled at any time and in its sole discretion to terminate or suspend Vet’s access to the Service.

5.7. You are also responsible for obtaining your client’s/Pet Owner’s consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your client/Pet Owner.

5.8. Vet is not authorized to represent BI in legal transactions. BI is not responsible for the collection and or fees associated with the Vet Services provided by Vet.

6. Provision of Services
6.1. BI provides the Vet/Pet Owner use of the Services at the router output of the data center housing the server with the relevant software (“Delivery Point”). BI is not responsible for establishment and maintenance of the data connection between the Vet/Pet Owner’s IT systems and the Delivery Point.

6.2. BI provides Services in a multiuser environment and grants Vet/Pet Owner access to the relevant Services as made generally available by BI to its customers at a given time. BI may update, discontinue and further develop the technology, features and functionalities (including APIs) which may impact on Vet’s and Pet Owners’ access to Web sites and Apps and BI is under no obligation to maintain prior versions of any Services provided. Should material changes to any Service provided and/or any requirements be implemented that have an impact on Vet’s and/or Pet Owners’ access to such Service, or should material features or functionalities of be restricted or disabled, BI will use reasonable efforts to notify Vet in advance. If changes to a Service require an amendment to this Terms of Use, Section 16 shall apply.

6.3. BI provides the Services at the locations of the data centers and support centers used by BI. The Service may be provided from data centers located outside Vet/Pet Owner’s country of business. Technical support (if any) may be provided through support centers located outside Vet/Pet Owner’s country of business and these support centers may access Vet Content for the purpose of providing such support to Vet.

6.4. BI uses commercially reasonable physical, logical and technical measures designed to protect the Service and help Vet secure Vet Content against accidental or unlawful loss, access or disclosure (“Security Measures”). However, attacks on and security incidents in connection with the Service, including unauthorized access to and/or use of the Vet Account, cannot be entirely excluded. BI will not be responsible to Vet for any such attacks or security incidents which are directly or indirectly due to Vet or Pet Owner’s negligence, omission, breach, or wrongful doing. Vet shall remain solely responsible for securing its systems used to access and use the relevant Service.

6.5. BI may engage its affiliates and any other business partners as subcontractors for the provision of some Services and certain information may be shared with BI’s affiliates and/or third party.

7. Intellectual property and rights of use
7.1. BI grants Vet during the term of this Terms of Use the non-exclusive, non-transferrable and non sub-licensable right to use the Service according to this Terms of Use exclusively for the purposes expressed herein to provide registered Pet Owners access to Vet Services and Vet Content.

7.2. Vet/Pet Owner acquires no rights to the Service and the software underlying the Web Interface or other content itself or to any duplications of the software or content.

7.3. Vet grants BI and its business partners a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right to use, host, transmit, display, access, modify and reproduce Vet Content for the purpose of providing the Service.

8. Obligations and responsibilities of Vet/Pet Owner
8.1. Vet/Pet Owner will itself and will ensure that all persons using the Service on its behalf:

8.1.1. desist from all measures which could jeopardize the security and stability of the Service, including but not limited to accessing information or data without authorization, interfering with the software of the Service, penetrating data networks of BI or transmitting any viruses, Trojans or other malware;

8.1.2. desist from entering information and data other than that which is required for use in accordance with the purpose of the Service;

8.1.3. do not infringe any laws, regulations or other legal provisions while using the Service, in particular by transmitting Vet Content which infringes copyrights, trademark rights, personality rights or other third-party rights and other laws or by creating links with such content or providing Vet Services;

8.1.4. keep user IDs, passwords and other access data secret, do not disclose these to unauthorized third parties, protect these from third-party access with suitable measures in compliance with current requirements and inform BI without undue delay if it is suspected that user names or passwords or other access data could have become known to unauthorized parties; and

8.1.5. truthfully and completely state all information and data entered into any Services provided, including but not limited to Web Interface, APIs registration and the appointment of Admins and registered users and to always keep such up to date.

8.1.6. Vet shall comply with any and all pharmacovigilance requirement in reporting an adverse event. An adverse event is any observation in animals, whether or not considered to be product-related, that is unfavourable and unintended and that occurs after any use of VMP (off-label and on-label uses). Included are events related to a suspected lack of expected efficacy according to approved labelling or noxious reactions in humans after being exposed to a Veterinary medicinal product (VMP). The individual AE reports contains at minimum: (i) a source (e.g. veterinarian, pharmacist, animal owner); (ii) animal details/human details; (iii) an identifiable suspected veterinary medicinal product; (iv) adverse event/reaction details;

8.2. In this respect, Vet is obliged in particular to comprehensively monitor Vet Content created by Pet Owners and to delete such without undue delay in the event of any breach of the provisions of this Terms of Use and to inform BI of this without undue delay.

8.3. Vet and Pet Owners understands that certain functions of the Service may require a third party to facilitate additional services such as payments or other types of services. When using such third party functions, Vet and Pet Owner agree to the terms and services of such third party and will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Vet and Pet Owner will, at his or her own discretion and volition, provide the necessary information e.g. a valid credit card (Visa, MasterCard, or any other issuer accepted by the third party payment provider. Vet and Pet Owner agrees that BI shall not be responsible for any errors or any other issues arising from the third party provider or payment processing.

9. Limited Warranty
9.1. During the term of the Terms of Use, BI warrants that the Service will use reasonable industry standards pursuant to Section 6. Should Vet/Pet Owner identify a non-conformance of the Service and/or its functions with the specifications set forth in this Terms of Use, the Vet/Pet Owner shall notify BI without undue delay and, as the Vet/Pet Owner’s exclusive remedy and BI’s sole obligation subject to the limitations under Section 11, BI will use commercially reasonable efforts to restore the affected service to substantial conformance.

9.2. BI points out to the Vet/Pet Owner that restrictions or impairments of Service may arise which are outside BI’s sphere of influence. These include in particular actions by persons not acting on behalf of BI, technical conditions of the internet not controllable by BI, and force majeure. The hardware, software and technical infrastructure used by the Vet/Pet Owner can also influence the contractual services of BI. If such circumstances impact the availability or functionality of a Service, this has no effect on the contractual compliance of the services provided and to be provided by BI.

9.3. Except for the express limited warranty provided in Section 9.1, BI makeS and VET/PET OWNER receiveS no express or implied warranties. Any statements or representations about the PetPro Connect Platform, the Web Interface, and the PetPro Connect App and their respective functionality constitute merely technical information and not a guarantee or an express or implied warranty. Technical data, specifications and performance data in this Terms of Use and/or any other additional agreement are only for the purpose of performance specification. In addition and except to the extent prohibited by law, BI specifically disclaimS any other warranty or defect liability including, without limitation, any warranty of noninfringement, or any implied warranty of merchantability, fitness for a particular purpose, course of dealing and usage of trade. Without limiting the foregoing, BI does not warrant that the service(s), including but not limited to PETPRO CONNECT and/or pet pro tele+ will be fail-safe, fault-tolerant, uninterrupted, error free, free of harmful components, or that any content, including the Vet Content or the third party software will be secure or not otherwise lost or damaged.

9.4. Except for claims for damages and indemnification, all warranty claims of the Vet/Pet Owner end upon termination of this Terms of Use.

10. Indemnification
10.1. Upon a request by BI, you agree to defend, indemnify and hold harmless BI and its affiliates, directors, officers, employees and agents against any claims, demands, actions, infringement, malpractice, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this Service. BI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BI in asserting any available defenses. In particular, Vet/Pet Owner will indemnify and hold BI harmless from and against any claims, damages and liabilities arising from or in connection with the actual or alleged infringements of third party-rights by wrongful offer of inappropriate medical consulting or other services to Pet Owners via the Service.

11. Limitation of Liability
11.1. Notwithstanding the provisions herein, BI excludes any liability for and in connection with the use of Service by the Vet/Pet Owner under this Terms of Use.

11.2. In particular, in no event will BI be liable for any amounts for loss of data, loss of production, interruption of operations, contractual claims by any third party, damage to property, loss of use, loss of subsidies, futile expenses for financing, loss of interest, income, profit or savings, or indirect, incidental, consequential, exemplary, punitive, or special damages, even if BI has been advised of the possibility of such damages in advance, and all such damages are expressly disclaimed.

11.3. The limitation and exclusion in this Section 11 shall not apply: (i) to the extent that liability cannot be limited or excluded according to applicable law; (ii) in cases of intent; (iii) in cases of human bodily injuries or death to humans caused by BI’s gross negligence; and (iv) in cases of fraud or fraudulent misrepresentation.

11.4. The limitations of liability resulting from the provisions of this Section 11 apply to the same extent for corporate bodies, legal representatives, employees and other agents of BI.

12. Term, Termination
12.1. This Terms of Use enters into force upon its conclusion between the Parties and continues for an indefinite period of time until terminated in accordance with the respective terms.

12.2. This Terms of Use may be terminated in writing (email is sufficient) by Vet/Pet Owner at any time and by BI with a notice period of 4 (four) weeks. Vet/Pet Owner shall cease to use of Service immediately upon termination of this Terms of Use and shall lose access and privileges granted under the Service.

12.3. BI reserves the right to terminate or restrict access of Vet and/or Pet Owner from the Service at any time for cause or without cause. Cause entitling BI to terminate this Terms of Use without notice in particular exists if:

12.3.1. any person using Service on Vet’s behalf are not fully authorized to use the provided Service within the scope of the access rights granted to them;

12.3.2. the Vet, and/ or other person using Service on Vet’s behalf or Pet Owner is in breach of this Terms of Use or any laws and regulations;

12.3.3. the Vet, and/ or other person using Service on Vet’s behalf or Pet Owner breaches this Terms of Use and this breach is not resolved within a period of two (2) weeks despite a written warning from BI (unless a written warning is unnecessary in accordance with statutory provisions);

12.3.4. the Vet/Pet Owner objects to an amendment of this Terms of Use pursuant to Section 16;

12.3.5. BI decides in its sole discretion to cease Service;

13. Temporary Suspension, Blocking
13.1. BI is entitled at any time to delete or block Vet Content or other data entered by the Vet in one or more Services which, in the estimation of BI, possibly infringes third-party rights, this Terms of Use or other law. In this case, BI is also entitled to block access to the areas of any Services affected by this. BI will inform the Vet about such deletion or blocking.

13.2. As soon as facts suggest that the requirements for termination for cause exist, BI is also entitled to immediately suspend the access to the Vet account completely or partially. In this case, BI will inform Vet about the suspension of the Vet account without undue delay. BI will unblock the Vet account as soon as the grounds for termination cease to exist. BI will not delete any of the Vet Content as a result of and during the suspension, unless, according to BI’s reasonable judgment, deletion is required by law or a request from a governmental body, or to avoid liability of BI or any third party. BI will inform Vet before any deletion of Vet Content takes place.

13.3. Upon termination of this Terms of Use, BI is entitled to block the Vet/Pet Owner’s access to the Service and to delete all Vet Content and other data from the relevant Services. Any data in PIMS will not be affected.

14. Data protection, data security
14.1. BI and Vet are responsible for compliance with all data protection law requirements. BI and Vet will be subjected to, and where applicable accept, separate privacy policy agreements with Pet Owner.

Vet remains the controller with respect to personal data contained in Vet Content and must therefore always check whether the processing of Vet Content and the use of PetPro Connect are covered by appropriate permissions. If and to the extent that the Vet processes or has personal data processed on IT systems for which BI is technically responsible, a separate data processing agreement is to be entered into on the basis of the sample offered by BI in this respect. The use of Vet personal data is subject to a separate privacy policy and its acknowledgement and acceptance by the Vet in the registration process prior to entering into this Terms of Use.

15. Confidentiality
Unless otherwise expressly permitted or provided for in this Terms of Use, all information which BI and Vet/Pet Owner make directly or indirectly accessible to each other in connection with the conclusion and performance of this Terms of Use and the use of the Service is to be treated confidentially and is not to be used for purposes not relating to the subject of this Agreement, unless the information is intended for third parties, is already in the public domain, is made known by a third party without breaching any obligation, was developed without the use of the confidential information or is subject to a statutory disclosure obligation or court/official disclosure order. This non-disclosure agreement applies for three (3) years beyond the termination of the Terms of Use.

16. Amendments
BI is entitled to amend this Terms of Use anytime. Amendments may in particular be made to adapt to applicable laws or to implement changes to the contractually agreed services. Section 1.6 shall apply.

17. Final provisions
17.1. Any changes, additions or collateral agreements are only legally valid if made in writing (email is sufficient). This also applies to the amendment of this requirement for written form.

17.2. The transfer of this Terms of Use or individual rights or obligations under this agreement by BI or the Vet/Pet Owner is only permissible with the prior written consent of the other Party. Any transfer of this Terms of Use or individual rights or obligations under this agreement by BI to enterprises affiliated to BI is always permissible.

17.3. Vet/Pet Owner is only entitled to set off claims if the counterclaim is undisputed or has been finally established by a court of law or has been expressly recognized by BI in writing. Any right of retention can only be asserted on the basis of counterclaims based on the same contractual relationship.

17.4. If the Vet/Pet Owner submits declarations to BI by email in connection with the use of Service or this Terms of Use, these are only effective if sent to the following email address support@petproconnect.com for PetPro Connect and to support/us@petproteleplus.com for PetPro Tele+. BI is entitled to notify Vet/Pet Owner at any time of a different email address for the submission of such declarations.

17.5. The invalidity of individual provisions of this Terms of Use does not affect the validity of the remaining provisions. In this case, valid provisions which come economically closest to the intended purpose of the invalid provisions shall be deemed agreed between BI and Vet/Pet Owner. This applies accordingly for the closure of any gaps in this Terms of Use.

17.6. The information on Web sites and Apps is intended for use only by U.S. residents only. Web sites or Apps may contain information about products not available in other countries or regions of the world or that may be available under a different trademark or name. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require different or additional information. Therefore, product information on the Web sites or Apps may not be appropriate for residents of other countries. By using a Web site or App, you hereby agree that any and all Personal Information and Non- Personal Information collected through the Web site or App will be transferred to the United States for processing, or to any one of BI’s affiliate owning and/or operating the Service(s).

17.7. The Content of the Service is protected under applicable copyright and trademark laws. Further, copying, redistribution or publication of any part of this Web site or App is prohibited. All images and text are Our property and may not be downloaded, distributed, stored, reused, reposted, modified or otherwise used except as provided herein without the express written permission of BI.

17.8. When you download an App, you are granted a personal, non-exclusive, non-sublicensable, non-transferable, license to install and use the software (in machine readable object code only) necessary for the functioning of the App only on a mobile device you own or control, solely for your personal use and as expressly permitted herein.

17.9. When you sign up to use a special feature of a Web site or App, you may be asked to agree to special terms governing your use of the special feature by checking a box or click on a button marked “I Agree,” “Accept,” or some other phrase that signifies your agreement. This type of agreement is known as a “click-through” agreement and by checking the box or clicking the “I Agree” button, you are agreeing to be bound by the special and/or additional terms as set forth in the specific agreement.

17.10. As a resource to Our users, Our Web sites or Apps may provide links to other sites. However, because BI does not control the content of these other sites We may link to, and due to their constantly changing nature, We cannot be responsible for the content, practices or standards of third party sites. Inclusion of any third party link does not imply a recommendation or endorsement by Us. We are not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third party sites, sites framed within Our Web sites or Apps, or third-party advertisements. We do not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.

17.11. Dispute Resolution


NOTE: These Dispute Resolution procedures apply to any claim or disagreement that arises as of October 5, 2017 and will not be applied retroactively.

You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms of Use, you will send a written notice to us (“Demand”). You agree that the requirements of this section will apply even to disagreements that may have arisen before you accepted these Terms of Service. You must send this Demand to the following address (the “Notice Address”):

Boehringer Ingelheim USA Corporation
Attn: General Counsel
P.O. Box 368
900 Ridgebury Road
Ridgefield, CT 06877

Informal Dispute Resolution. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand.

Binding Arbitration. If We do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). Review this section carefully. This arbitration provision limits your and BI’s ability to litigate claims in court and you and BI each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Us in any state/or federal court. You agree that if you do sue us in state /federal, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees.

Please note that for any such filing of a demand for arbitration, you must affect proper service under the rules of the Arbitrator, and that notice to the Notice Address may not suffice. If, for any reason, the Arbitrator is unable to provide the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.

Class or Collective Action Waiver. You agree that you will not file a class action or collective action against Us, and that you will not participate in a class action or collective action against Us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms of Use, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or We agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

We agree that We will not file a class or collective action against you, and that We will not participate in a class or collective action against you, for any disagreement arising out of, connected to, or in any way related to these Terms of Use. We agree that We will submit all disputes with you to arbitration before the Arbitrator.

17.12. You acknowledge and agree that the Web site or App collects both Personal Information, which you voluntarily provide and may identify you individually, and Non-Personal Information, which is passively collected and does not identify you individually. Personal Information may include your name, address, email address, phone number, financial account number, Social Security number, or Driver’s License number. Non-Personal Information includes gender, age, survey responses, page views, unique views, the type of mobile device and the operating system you use, which screens you visit and for how long, and logging of technical issues. You acknowledge and agree that We may collect, transmit, store, and use your Personal Information to fulfill your requests or provide you with products, services, or information related to the Web site or App. You also acknowledge and agree that We may collect, transmit, store, and use the Non-Personal Information to measure Web site and App traffic, recognize your computer or mobile device as a repeat user, tracks visitors’ uses across pages, facilitate the provision of Web site and App updates, product support, and other services to you (if any) related to, or in connection with the Web site or App. For more detailed information about the collection, use, and disclosure of Personal Information and Non-Personal Information, as well as your choices and control over such collection, use, and disclosure, please review the BI Privacy Notice, available here.