Terms Of Service

Your access to BFAscher.com is subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing or using this website, you agree that you have read, understand, and agree to be bound to these Terms of Service, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms of Service. You are responsible for periodically reviewing these Terms for applicable changes. Your use of this website after posting by us of any changes to these Terms of Service constitutes your acceptance to those changes. If you disagree with these Terms of Service (as they may be amended from time to time), or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this site.

DISCLAIMERS

You acknowledge and agree that:

a. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. B.F. Ascher & Co., Inc. reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.

b. B.F. ASCHER & CO., INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. B.F. ASCHER & CO., INC. HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL B.F. ASCHER & CO., INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER B. F. ASCHER & CO., INC. HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

c. B. F. Ascher & Co., Inc. is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this website, B. F. Ascher & Co., Inc. will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its website. Such information should, therefore, be considered as suspect and is not endorsed by B.F. Ascher.

d. This website may contain forward-looking statements that reflect B. F. Ascher’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. B. F. Ascher intends to update this site on a regular basis but assumes no obligation to update any of the content.

YOUR USE

You understand, acknowledge, and agree to the following:

a. By using this website, you agree not to disrupt or intercept our electronic information posted on this website or on any of our servers. You also agree not to attempt to circumvent any security features of our website, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

b. You grant to B. F. Ascher & Co., Inc. the right to use all content you upload or otherwise transmit to this website, subject to these Terms and Conditions and B. F. Ascher’s Privacy Policy in any manner B. F. Ascher chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

c. Except as expressly stated and agreed upon in advance by B. F. Ascher & Co., Inc., no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to B. F. Ascher & Co., Inc. (such as feedback, questions, comments, suggestions, ideas, etc.). If any B. F. Ascher website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), B. F. Ascher shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and B. F. Ascher shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to B. F. Ascher is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

PRODUCT LABELING

Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. All of the products listed are available over-the-counter at neighborhood pharmacies. Unless expressly stated and agreed upon in advance by B.F. Ascher & Co., Inc., no director, employee, agent, or representative of B. F. Ascher or its affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this website.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published in this Internet Website (the “Information”) are the sole property of B. F. Ascher & Co., Inc., except for information provided by third-party providers under contract to B. F. Ascher or its affiliates. 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 website are used separate from accompanying text. B. F. Ascher is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. No license or right, express or implied, is granted to any person or entity under any patent, trademark or other proprietary right of B. F. Ascher & Co., Inc.

No use of any B. F. Ascher trademark, trade names, trade dress and products in this Internet website may be made without the prior written authorization of B. F. Ascher & Co., Inc., except to identify the product or services of the company.

PRIVACY AND SECURITY

B. F. Ascher is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our website. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our website, you agree to be bound by that policy.

You recognize and agree that when submitting your personally identifiable information to BFAscher.com, while B. F. Ascher has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, B. F. ASCHER & CO., INC. SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF B. F. ASCHER HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B. F. ASCHER DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

LIMITATION OF LIABILITY

B. F. Ascher does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this website. Reliance on these materials, information and opinions is solely at your own risk. B. F. Ascher disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.

THIS B. F. ASCHER WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL B. F. ASCHER OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “B. F. ASCHER PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY B. F. ASCHER AND WHETHER OR NOT B. F. ASCHER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEBSITES OWNED OR OPERATED BY B. F. ASCHER OR ITS AFFILIATES.

GENERAL

You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. BFAscher.com was created and is operated under the laws of the State of Kansas. The laws of the State of Kansas will control the terms and conditions provided in these Terms of Service, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms of Service is invalid or unenforceable, you agree that the other provisions of these Terms of Service will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to BFAscher.com or these Terms of Service more than one (1) year after such claim or cause of action arose.

B. F. Ascher & Co., Inc. Privacy Policy

This Privacy Policy explains how we handle the personal information that you provide to us on web sites controlled by B. F. Ascher. Unless otherwise specifically noted this Privacy Policy does not apply to personal information collected from you offline, to websites that do not link to this Privacy Policy, to residents of countries other than the United States, or to third-party web sites to which the B. F. Ascher websites may link. Your use of B. F. Ascher websites which link to this Privacy Policy is subject to this Privacy Policy and the Terms of Use.

Please read this Privacy Policy before using the B. F. Ascher website or submitting personal information to us.

“PERSONAL INFORMATION” DEFINITION

“Personal information” means information that identifies you or could reasonably be used to identify you and which is submitted to and/or collected by the B. F. Ascher website and maintained by B. F. Ascher in an accessible form. Examples of personal information include your name, your postal address and your telephone number.

COLLECTION OF INFORMATION

B. F. Ascher collects information in two ways:

Personally Identifying Information You Specifically and Knowingly Submit:
B. F. Ascher collects personal information that you enter into data fields on the B. F. Ascher website. For example, you may submit your name, postal address, e-mail address, and/or other information in order to receive information about various products, register for B. F. Ascher programs, contact customer service, or respond to surveys. To protect your privacy, you should not provide B.F. Ascher with any information that is not specifically requested, such as your medical history.

Passive Collection of Unidentifiable Information:
The B. F. Ascher website may collect generic usage information about your visits to the B. F. Ascher website without you actively submitting such information. Unidentifiable information may be collected using various technologies, such as cookies, Internet tags, and IP logging. Your Internet browser automatically transmits to the B. F. Ascher website some of this unidentifiable information, such as the URL of the website you just visited and the browser version your computer is operating. Passive information collection technologies can make your use of the B. F. Ascher website easier by allowing us to provide better service, customize the site based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve the B. F. Ascher website. Certain features of the B. F. Ascher website may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identity you without additional identifiable information.

B. F. Ascher will use the personal information you provide through the B. F. Ascher website to respond to your questions and to provide you with efficient customer service. After you have entered personal information into a form or data field on the B. F. Ascher website, we may use certain identifying technologies to allow the website to “remember” your personal preferences, such as sections of that web site that you visit frequently and, if you choose, your user ID.

ACCESS TO PERSONAL INFORMATION

Personal information can only be accessed by a restricted number of B. F. Ascher employees. We train our employees about the importance of privacy and how to handle and manage customer data appropriately and securely. Also, it is B. F. Ascher’s practice to notify you if you are registering for a program which is conducted in conjunction with another company that may require access to your personal information. In addition, B. F. Ascher’s practice is to require its contractors to keep your personal information confidential and to use personal information only to perform functions for B. F. Ascher.

SHARING OF PERSONAL INFORMATION

As a general rule, B. F. Ascher does not share your personal information with third parties, unless subject to disclosure under applicable Kansas and/or Federal statute. Unless required by law, B. F. Ascher will not disclose your personal information to third parties. However, if B. F. Ascher sells one of its product lines, your personal information may be transferred to the buyer so that the buyer can continue to provide you with information and services. If B. F. Ascher provides your personal information to individuals and entities which assist us with our business activities, it is B. F. Ascher’s practice to require those individuals and entities to keep your personal information confidential and to use your personal information only to perform functions for B. F. Ascher. B. F. Ascher reserves the right to disclose your personal information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law.

INFORMATION SECURITY

It is B. F. Ascher’s practice to secure each web page that collects personal information; however, the confidentiality of personal information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet, especially personal information related to your health. B. F. Ascher cannot guarantee that unauthorized third parties will not gain access to your personal information; therefore, when submitting personal information to the B. F. Ascher website, you must weigh both the benefits and the risks. In addition, this Privacy Policy does not provide coverage for any website that is not controlled by B. F. Ascher; you should check the privacy policies of such third-party web sites before submitting personal information.

PRIVACY OF MINORS

B. F. Ascher does not knowingly collect or use any personal information from children (we define “children” as minors younger than 18) on B. F. Ascher websites. We do not knowingly allow children to order our products, communicate with us, or use any of our online services. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.

CORRECTION / DELETION OF PERSONAL INFORMATION

You may request to remove your personal information from our current customer records or to amend your personal information. Please notify us of your wishes by contacting us in one of the ways specified below. For our record keeping purposes, we will retain certain personal information you submit in conjunction with commercial transactions.

CONTACT

If you have questions about the use, amendment, or deletion of personal information that you have provided to us, or if you would like to opt out of future communications from B. F. Ascher, please contact us by clicking on the “Contact Us” link on the website you are visiting. Alternatively, you may send a letter to the following address:

B. F. Ascher & Co., Inc.
Attention: Marketing Manager
PO Box 717
Shawnee Mission, KS 66201-0717

In all communications to B. F. Ascher, please include the e-mail address used for registration (if applicable), the website address on which you provided any personal information about which you have questions or concerns (e.g. BFAscher.com), and a detailed explanation of your request. If you would like to delete or amend your personal information and are contacting us by e-mail, please put “Deletion Request” or “Amendment Request”, as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.

UPDATES TO POLICY

B. F. Ascher & Co., Inc. reserves the right to amend this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If B. F. Ascher changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in this paragraph. This Privacy Policy was last updated on December 03, 2007 and is effective as of that date.