Terms of Use

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Terms of Use

Welcome to www.embecta.com  (the "Site"). Embecta Corp. and its affiliates and subsidiaries (referred to as "embecta", "we", "us" or "our", as applicable) provides you with access to the Site subject to the terms and conditions contained in this Terms of Use Agreement (the "Agreement'). Please read this Agreement carefully. By accessing or using this Site, you agree without restriction to be bound by this Agreement. If you do not agree to follow and be bound by this Agreement, you may not access, use or download materials from this Site.

Please note that if you are an existing customer or supplier of embecta, these terms are not intended to replace or modify those contained in your customer or vendor agreement. In case of an inconsistency, the terms and conditions of your written agreement will prevail over those contained herein. All embecta products and services may also be subject to separate terms and conditions which govern their use which may be made available together with the products’ labelling and/ or as online terms.

embecta reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage you to review this Agreement each time you use this Site. This Agreement was last revised on February 26, 2023.

ARBITRATION NOTICE. You agree that disputes arising under this Agreement will be resolved by binding arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND EMBECTA ARE EACH WAVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

The Availability of the Site and International Users

The Site is administered by embecta from Parsipanny, NJ in the United States. This Site and its contents (the "Content") are designed to comply with United States laws and regulations.

Materials published on this Site may refer to products or services that are not available in your country. Consult your local embecta office for more information.

You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.

This Site is Not a Source of Medical Advice

Nothing on this Site should be construed as giving advice or making a recommendation or referral regarding any decision or action related to your health or the health of others.  If you are a patient, you should consult a doctor or other qualified health care professional with any questions you have about your health and before making any diagnostic, preventive or treatment decisions.  If you are a doctor or other qualified health care professional, you should not allow the Content of this Site to substitute for your own medical judgment, which you should exercise in evaluating the information on this Site, nor for the advice of any liaison, specialist or consulting healthcare professional with whom you work. Any clinical tools or databases provided for use by healthcare professionals through the Sites do not and are not intended to make referrals, give professional advice or recommend particular products or services. Physicians and other healthcare professionals who use these tools or databases should exercise their own clinical judgment as to the information they provide or rely on. While embecta has used reasonable efforts to ensure that the information on this Site is accurate, complete, and current, embecta expressly disclaims any warranty or representation regarding the accuracy, completeness, or currency of such information. Nothing contained on this Site is intended to be for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Site.

Copyright Notice and Limitation on Use

All Content, including the selection, arrangement and design of the Content is owned either by embecta or its licensors and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content, in whole or in part. . You may download Content from the Site for your own personal, non-commercial use only, provided the Content is not modified in any way, you keep intact all copyright and other proprietary notices and you include the phrase, "Used with permission of embecta" when you display or otherwise use the Content. embecta neither warrants nor represents that your use of the Content will not infringe rights of third parties not owned by, or affiliated with, embecta. 

All of the trademarks, service marks and logos displayed on this Site (the "Trademark(s)") are registered and unregistered trademarks of embecta, its affiliates, or third parties. The Site may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of embecta and/or other parties. Nothing contained in this Site should be construed as granting, in any way, whether by implication, estoppel, or otherwise, any license to, or right in, the Trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of embecta and/or other parties.

None of the Content may be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking or mirrors, or retransmitted without the express written consent of embecta. If you are interested in linking to our Site, Contact Us  for more information.

You agree that the foregoing intellectual property, constitutes valuable embecta property and that, in the event of the unauthorized use of such intellectual property, embecta will suffer irreparable injury for which embecta may not have an adequate remedy at law.  Accordingly, in any action or proceeding to enforce the provisions of this Agreement, embecta will be entitled to injunctive relief to prevent or curtail any such threatened or actual unauthorized use.  The foregoing will be in addition to and without prejudice to any other rights embecta may have at law or in equity.

 

Trademark Notice

All of the trademarks, service marks and logos displayed on this Site (the "Trademark(s)") are registered and unregistered trademarks of embecta, its affiliates, or third parties. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of embecta or the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks found on the Site is strictly prohibited.

Public and Unsolicited Information

While we are pleased to receive feedback, comments and ideas from visitors to this Site, we want you to understand that any information that you submit through this Site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any feedback, comments, ideas, information, concepts, know-how or techniques or materials to us through this Site, you hereby grant embecta an unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that embecta is free to use them for any purpose.

embecta has no obligation to monitor or review information posted to the public areas of the Site and assumes no responsibility or liability arising from the Content of such public areas or the Site in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the Site.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, 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 the law. embecta will fully cooperate with any law enforcement authorities or court order requesting or directing embecta to disclose the identity of anyone posting any such material.

Children under the age of eighteen should not submit any public or unsolicited information containing personally identifiable data.

Links to Other Websites

This Agreement applies only to this Site. This Site may frame or contain references or links to other embecta Web sites (the "Other embecta Sites") as well as other websites that are not operated by embecta (the "Third Party Sites"). These references and/or links to the Third Party Sites are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these Third Party Sites or any association with their operators. embecta does not control these Third Party Sites and does not assume any responsibility for the information provided by third parties or the content of Third Party Sites.

The Third Party Sites (and any websites to which they link) may contain information about uses of products that have not been approved or cleared by the appropriate food and health agencies, such as the Food and Drug Administration. embecta does not endorse any "off-label" uses.

The Third Party Sites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party Sites (and any websites to which they link) is solely at your own risk.

Please note that Other embecta Sites are governed by their specific Terms and Conditions and Privacy Policies. We recommend that you carefully read those documents upon your entry to those Other embecta Sites.

No Framing Allowed

Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking or mirrors. None of the Content for our Site may be retransmitted without the express written consent of BD. If you are interested in linking to our Site, Contact Us for more information.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that we are not responsible nor shall we be liable for loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.

Account Registration, and Completion of Online Form

Some of the functions of this Site, or embecta's services and products may require creation of an account with us, or the completion of an online form. As part of the process, you will be required to select a User Name and Password, and/or registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person's authorization.

Failure to comply with the above shall constitute a breach of this Agreement, which may result in immediate termination of your account, and/ or your right to receive services or products through the Site. You agree to take reasonable measures to protect the security of your password. You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify embecta of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.

Site Privacy Statement

Our Privacy Statement is available on this Site and by accessing the Site, you are agreeing to be legally bound by the Privacy Statement. The Privacy Statement in its entirety is hereby incorporated into this Agreement by reference.

Read our Privacy Statement ».

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. EMBECTA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. EMBECTA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL EMBECTA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF EMBECTA OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EMBECTA AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.

Forward looking Statements

This site may from time to time contain certain forward-looking statements (as defined under Federal Securities Law) regarding embecta's performance, including future revenues, products and income, or events or developments that embecta expects to occur or anticipates occurring in the future. All such statements are based upon current expectations of embecta and involve a number of business risks and uncertainties. Actual results could vary materially from anticipated results described, implied or projected in any forward-looking statement. Factors that could cause actual results to vary materially from any forward-looking statement include, but are not limited to: competitive factors; pricing and market share pressures; uncertainties of litigation; embecta’s ability to achieve sales and earnings forecasts, which are based on sales volume and product mix assumptions, to achieve its cost savings objectives, and to achieve anticipated synergies and other cost savings in connection with acquisitions; changes in regional, national or foreign economic conditions; increases in energy costs: fluctuations in costs and availability or raw materials and in embecta's ability to maintain favorable supplier arrangements and relationships; changes in interest or foreign currency exchange rates; delays in product introductions; and changes in health care or other governmental regulation, as well as other factors discussed in this Site in embecta's filings with the Securities and Exchange Commission. We do not intend to update any forward-looking statements.

Indemnification

In the event that any legal action is taken resulting from (i) your use of the Content or Site, including your breach of the terms of this Agreement, or (ii) any unsolicited information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by embecta, its affiliates, its and their directors, officers, employees, agents, investors or licensors. embecta shall provide notice to you promptly of any such claim, suit, or proceeding. embecta shall have the right, at its option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on embecta without its prior written consent.

General

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. embecta reserves the right to alter or delete material Content from this Site at any time. Any claim relating to, and the use of, this Site are governed by the laws of the State of Delaware, United States of America.

If any dispute arises between you and embecta concerning this Agreement or your use of this Site, it shall be resolved through good-faith negotiations.  If such efforts prove unsuccessful, all controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the U.S. Federal Arbitration Act, 9 U.S.C. § 1 et seq.  The rules of the American Arbitration Association shall apply to the conduct of the hearing, which shall be venued in Delaware.  THE GOVERNING LAW SHALL BE THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS RULES.  The arbitration award shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction.  The parties shall bear equally the costs of the arbitration, but each party shall pay its own attorneys’ fees incurred in connection with the arbitration or the confirmation or enforcement of any award.  Notwithstanding the foregoing, if the costs of arbitration will be prohibitive as compared to the costs of litigation and the relief sought, embecta will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse embecta for all fees associated with the arbitration paid by embecta on your behalf that you otherwise would be obligated to pay.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

YOU AND EMBECTA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

This Agreement constitutes the entire agreement between you and embecta with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.

If you have any questions regarding this Agreement of Site, please Contact Us .