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General Conditions of Use
Access to
and use of this website are subject to the following conditions. Please do
not use this website unless you agree with these conditions.
This website has been developed by the Consumer Care Business Group of
Bayer Inc. (hereinafter to be referred to as BAYER) and is administered by
the same.
We reserve the right to discontinue or to make partial or complete
modifications to this website or to the General Conditions of Use, to our
general terms and conditions. Please note that we may make such changes at
our own discretion and without prior announcement. We must therefore ask
you, next time you visit this website, to view the conditions again and to
note any changes or amendments that may have been made.
The information available on this site applies to Canada only and may not
be appropriate for other locations. Products of BAYER (if any) advertised
on this site may not be available outside of Canada or in all regions of
Canada. Products are available in accordance with local laws and only if
they may be lawfully offered for sale. All products are subject to the
terms of applicable agreements. All products are subject to change without
notice. These terms and conditions are to be read together with any other
terms and conditions or disclaimers included on the pages of this Web
site.
We have has carefully checked this website and make every effort to
continually expand and update it. However, we cannot accept responsibility
for errors, omissions or possible obsolescence.
Regulations for product use are established by country. Information
contained on this site pertains only to Canada, and is not intended to
provide adequate information for product use. Before using any product,
read and carefully observe the label directions.
Surrender of Use and Benefit
All
details, documents and illustrations published on this website are the
sole property of BAYER. Any permission to use the same is granted with the
proviso that the relevant copyright note is displayed on all copies, "Copyright
© 2004 Bayer Inc. HealthCare Division, 77
Belfield Road, Toronto, Ontario, CANADA, M9W1G6. All rights reserved".,
that such details are used only for personal purposes, that they are not
exploited commercially, that the details are not modified in any way and
that all illustrations gained from the website are only used in
conjunction with the accompanying text.
Disclaimer of Warranties
This web
site is provided on an "as is," "as available" basis, without warranties
of any kind. To the fullest extent possible pursuant to applicable law,
BAYER disclaim all warranties, express, implied or statutory, including,
but not limited to, implied warranties of merchantability, fitness for a
particular purpose, title or non-infringement. Without limiting the
foregoing, BAYER does not represent or warrant that this website will be
available at any particular time or location or that its operation will be
uninterrupted or error-free. BAYER does not represent or warrant that the
content of this website is free of viruses, worms or other code that may
manifest contaminating or destructive properties. Although BAYER has made
and will continue to make great efforts to provide accurate and up-to-date
information, information published on this website may be incomplete or
outdated and may contain inaccuracies or typographical errors. BAYER does
not warrant or make any representations regarding the use, validity,
accuracy, currency or reliability of, or the results of the use of, or
otherwise respecting this website or any information published on this
website.
Trademarks and Copyright
All
material found on this web site is protected under the copyright laws of
Canada and of other countries. All product names in uppercase letters or
marked in some other way on this website and certain names, words, titles,
phrases, logos, icons, graphics or designs in the pages of this website
are trademarks tradenames or service marks of BAYER, its subsidiaries,
affiliates, licensors or joint venture partners or the use of which may
have been licensed to them. Any unauthorized use or abuse of these
trademarks or other materials is expressly prohibited and constitutes a
violation of copyright, trademark law or other intellectual property
rights and may result in legal action. Unauthorized use shall include
without limitation, use in connection with any product or service that is
not related to BAYER, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits BAYER and
or any of its affiliated entities or the owner of the mark.
The trademarks, logos and service mark (collectively, the "Trademarks")
displayed on this website are registered and unregistered trademarks owned
or licensed by BAYER. Nothing on this website should be construed as
granting, by implication or otherwise, any license or right in or to the
Trademarks without the express written permission of BAYER or such third
party. In addition, any reproduction, retransmission or use of this
website's contents for other than personal, non-commercial purposes
requires the prior written consent of BAYER. The following copyright
notice must appear on every copy of the contents of this site or a portion
thereof: "Copyright © 2004 Bayer Inc. Consumer Care Division, 77 Belfield
Road, Toronto, Ontario, CANADA, M9W1G6. All rights reserved".
Permission to use the Information is granted, provided that (1) the above
copyright notice appears on all copies; (2) use of the Information is for
informational and non-commercial or personal use only; (3) the Information
is not modified in any way; and (4) no graphics available from this
Internet site are used separate from accompanying text.
Limited liability
Bayer
Inc. has compiled the detailed information provided on this website from
internal and external sources to the best of its knowledge and belief,
using professional diligence. We endeavour to expand and update this range
of information on an ongoing basis. The information on this website is
purely for the purpose of presenting BAYER and its products and services.
However, no representation is made or warranty given, either expressly or
tacitly, for the completeness or correctness of the information on this
website. In particular, we must ask you to be aware that this information
may no longer be up to date. We therefore recommend that you check any
information you obtain from this website prior to using it in whatever
form. Advice given on this website does not exempt your from conducting
your own checks on our latest advice and on our products, with a view to
their suitability for the intended processes and purposes. Should you
require any advice or instructions concerning our products, please contact
us directly. Users of this website declare that they agree to access the
website and its content at their own risk. Neither BAYER nor third parties
involved in the writing, production or transmission of this website can be
held liable for damage or injury resulting from access or the
impossibility of access or from the use or impossibility of use of this
website or from the fact that you have relied on information given on this
website.
Exclusion of liabilty
IN NO
EVENT WILL BAYER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, MORAL OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFITS, OPPORTUNITIES OR INFORMATION OR FOR EXPENSES ARISING IN
CONNECTION WITH THIS WEBSITE, WITH ANY SOFTWARE ALGORITHMS AVAILABLE
THEREON NOR WITH ANY HYPERLINKED WEB SITE OR FOR USE THEREOF OR INABILITY
TO USE BY INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BAYER IS OF THE
POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES
Websites of Third-Party Vendors/Links
This
website contains links/references to third-party websites. BAYER does not
control or administer any non-BAYER / third-party web sites and is
therefore not responsible for the content of any linked web site or any
link contained in a linked web site. By providing such links, it does not
imply endorsement, investigation or verification by BAYER of the linked
website or information contained therein. Neither does BAYER accept any
responsibility for the availability or the contents of such websites or
any liability for damage or injury resulting from the use of such
contents, of whatever form. Links to other websites are provided to
website users merely for the sake of convenience. Users access such
websites at their own risk.
Details supplied by yourself
The user
of this website is fully responsible for the content and correctness of
details he or she sends to BAYER as well as for the non-violation of any
third-party rights that may be involved in such details. The user gives
his or her consent for BAYER to store such details and to use the same for
the purpose of statistical analysis or for any other specified business
purpose, unless the information involves personal details, going beyond
master data or usage data. EXCEPT FOR SUCH PERSONAL DETAILS, ALL
INFORMATION YOU TRANSMIT TO THIS WEBSITE INCLUDING ANY DATA, QUESTIONS,
COMMENTS, SUGGESTIONS OR THE LIKE IS AND WILL BE TREATED AS BEING
NON-CONFIDENTIAL AND NON-PROPRIETARY. In particular, Bayer is entitled to
use the contents of such messages, including ideas, inventions,
blueprints, techniques and expertise contained therein, for any purpose,
such as the development, production and/or marketing of products or
services and to reproduce such information and make it available to third
parties without any limitations and without incurring any obligation
whatsoever to you, and by sending such information you waive all your
rights thereto.
Access rights
You must
notify BAYER immediately if you learn that security has been violated in
respect of any details available on the BAYER website or if unauthorized
persons have obtained your access rights or if you have found indications
that such access might become possible.
International users
This
website is checked, operated and updated by BAYER. It is exclusively
intended for use in Canada. BAYER gives no guarantee that the details
presented on this website are also correct in places outside Canada, and,
in particular, that products will be available with the same appearance,
in the same sizes or on the same conditions. Should you call up this
website from a place outside Canada or download contents from such a
place, please note that it is your responsibility to ensure that you act
in compliance with local legislation applicable in that place. Products
mentioned on this website may come in different packaging, in different
package sizes, or with different lettering or markings, depending on the
country.
In the USA the business of the Bayer Group is conducted by Bayer
Corporation and/or its affiliates. Customers in the USA are requested to
address to one of these entities.
Applicable Law
BAYER,
this web site and the content (excluding linked web sites or content) are
physically located within the Province of Ontario, Canada. As such, the
laws of the Province of Ontario will govern these disclaimers, terms, and
conditions, without giving effect to any principles of conflicts of laws.
We reserve the right to make changes to our site and these disclaimers,
terms, and conditions at any time
Sale
of BAYER Products
Our
products are sold in accordance with the current version of our General
Conditions of Sale and Delivery.
Regulations for product use are established by country. Information
contained on this site pertains only to Canada, and is not intended to
provide adequate information for product use. Before using any product,
read and carefully observe the label directions.
Forward-Looking Statements
This
internet site contains forward-looking statements. These statements may
use words like "believes," "assumes," "expects" or similar formulations.
Various known and unknown risks, uncertainties and other factors could
lead to material differences between the actual future results, financial
situation, development or performance of our company and those either
expressed or implied by these statements. These factors include, among
other things:
-
downturns in the business cycle of the industries in which we compete;
-
new
regulations, or changes to existing regulations, that increase our
operating costs or otherwise reduce our profitability;
-
increases in the prices of our raw materials, especially if we are
unable to pass these costs along to customers;
-
loss or
reduction of patent protection for our products;
-
liabilities, especially those incurred as a result of environmental laws
or product liability litigation;
-
fluctuation in international currency exchange rates as well as changes
in the general economic climate; and >
-
other
factors identified in this internet site.
These
factors include those discussed in our public reports filed with the
Frankfurt Stock Exchange and with the U.S. Securities and Exchange
Commission (including our Form 20-F).
In view of these uncertainties, we caution readers not to place undue
reliance on these forward-looking statements. We assume no liability
whatsoever to update these forward-looking statements or to conform them
to future events or developments.
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