Terms and Conditions of PledgeToFightForward.com
- The materials contained in this Web site (the "Web site") and correspondence received from the Web site, together ("Web site Materials") are presented for information purposes only. The material is in no way intended to replace professional medical care or attention by a qualified practitioner.
- Web site Materials cannot and should not be used as a basis for diagnosis or choice of treatment.
- Celgene strongly advises all users with health problems to consult a doctor or other health professional.
- This site contains information that was believed current as of the date of inclusion in the site. While we may periodically update or correct information in this site, we make no representation or warranty as to its accuracy, and we disclaim any obligation to update this information.
Celgene provides the services described in the Web site (the "Services"), subject to the following Conditions for Use ("Conditions"), which may be updated by Celgene from time to time without notice to you. You are bound by any such revisions and therefore should review the Conditions each time you visit the Web site for changes. Your use of the Web site is subject to, and constitutes acceptance of, the then-current Conditions.
- Forward-Looking Statements
This Web site contains "Forward-Looking Statements" as defined in the Private Securities Litigation Reform Act of 1995. Such statements are identified by the use of words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with any discussion of future operating or financial performance. Such statements are based on management’s current expectations and are subject to certain factors, risks and uncertainties that may cause actual results, events and performance to differ materially from those referred to or implied in such statements. These risks are identified in our filings with the Securities and Exchange Commission, which are available through Internet links contained in the Investor Relations section of the Celgene Corporate Web site. The information presented in this Web site is believed to be current as of the date of original publication. We do not intend to update any of the forward-looking statements after such date to conform these statements to actual results or to changes in our expectations, except as required by law.
Celgene will only collect personal data you voluntarily provide to us, including “sensitive” personal data (e.g. relating to your racial or ethnic origin, religious beliefs, sexual life, physical or mental health or civil or criminal offences). In particular, you consent to the disclosure of such personal data to third parties in order to enable us to provide information and the Services to you that you have requested. Celgene will use the personal data you provide for the specific limited purposes about which we inform you when we ask for such information. Celgene keeps your data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or documentation retention requirements.
You agree to inform us promptly should you become aware that any personal data held by us about you is inaccurate and/or out of date. Accordingly, we do not accept liability for any loss, costs, damages, or distress caused to any person arising out of our reasonable reliance upon the accuracy of personal data that you provide to us. If you have submitted personal information through this Web site and wish us to cease using it for the purposes submitted, please contact us. For previous submissions related to Medical Services please contact Medinfo@celgene.com. For previous submissions related to Career and Employment please contact Careersnj@celgene.com. For previous submissions related to Investor Relations please contact email@example.com. For all other inquiries please email us at firstname.lastname@example.org. Unless we agree otherwise in writing, we require you to use any personal information that we supply to you about members of our staff and/or third parties only for the purposes for which such information is disclosed to you.
You hereby warrant that you will not use the Web site to: (a) upload, post, email, or otherwise transmit any information, data, software, sound, text, photographs, graphics, video, messages, and any other material ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) upload, post, email, or otherwise transmit personal data about anyone other than yourself without that person's consent; (c) upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (d) violate any applicable law or regulation in relation to your use of the Web site including, but not limited to, regulations promulgated by any securities exchange; or (e) collect or store personal data about other users.
You hereby agree to indemnify Celgene for any loss or damage of any kind incurred as a result of a breach of any of the warranties described in paragraph 3, above.
The Services may provide, or third parties may provide, links to other Web sites or resources. Because Celgene does not have control over such sites and resources, you acknowledge and agree that Celgene is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Celgene shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
- Proprietary Rights
You acknowledge and agree that the Web site Materials, Services, and any information presented to you through the Web site or the Services contain proprietary information that is protected by copyrights, trademarks, service marks or other proprietary rights and laws, applicable intellectual property, and other laws. Except as expressly authorized by Celgene or relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web site Materials or the Services in whole or in part.
Without prejudicing the generality of the foregoing, you further acknowledge and agree that all responses received in response to queries sent through the "contact us email form" are copyrighted and proprietary and may not be copied or reproduced for any commercial purpose.
Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Celgene expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
Celgene makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any services, information, or other material obtained by you through the Service will meet your expectations.
No advice or information, whether oral or written, obtained by you from Celgene or through or from the Services shall create any warranty or other obligation not expressly stated in the Conditions.
- Limitation of Liability
To the fullest extent permitted by applicable laws, and except in respect of death or personal injury arising from Celgene's negligence as determined by a court of law, Celgene hereby excludes liability for any claims, loss, demands, or damages of any kind whatsoever with respect to the Services, and any information, content, advertisements, or products provided or distributed through the Services including, without limitation, direct, indirect, incidental or consequential loss, or otherwise and whether or not the possibility of such loss has been notified to Celgene. The foregoing will apply whether such claims, loss, or damages arise in tort, contract, negligence, under statute, or otherwise. If you are a consumer your statutory rights, if any, are not limited.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of paragraphs 8 and 9 above may not apply to you.
In particular, nothing in these Conditions shall affect the legal rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Celgene as determined by a court of law.
- General Information
These Conditions (including the guides and rules referred to herein) constitute the entire agreement between you and Celgene and govern your use of the Services, superseding any prior agreements between you and Celgene. The Conditions and the relationship between you and Celgene shall be governed by the laws of New Jersey USA. You and Celgene agree to submit to the exclusive jurisdiction of the New Jersey courts.
Any failure by Celgene to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions remain in full force and effect.
We recommend users who find inappropriate content to contact us immediately at email@example.com. In addition, we reserve the right to remove all material that we consider inappropriate. This includes pornographic, offensive, defamatory, undocumented, illegal material(s) that is/are in any way contrary to accepted morality and behavior.
Certain areas of this Web site may enable you to submit e-mails, or otherwise provide information or feedback to Celgene Corporation or its representatives. Celgene Corporation does not endorse, and specifically disclaims, any responsibility or liability for any content in any such submission. You may not post, submit or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, 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 any law. You are prohibited from posting, submitting or transmitting any information which (i) infringes or may infringe any right of another, including privacy or publicity, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of its owner, or (iii) contains a virus, bug, worm or other harmful content. You shall be solely liable for any damage resulting from any post, submission or transmission you make.
Web site Services
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Celgene Corporation if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Celgene Corporation.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child's account to the parent or legal guardian.
Posted Content. You may post messages, text, photos, testimonials or other content on the Site via the public forums. Any content submitted to Celgene Corporation will be treated as non-confidential and non-proprietary, and you authorize Celgene Corporation and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to Celgene Corporation that you own or have the right to use and permit Celgene Corporation to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize Celgene Corporation and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Celgene Corporation operations, and any such permission cannot be revoked for any reason.
Availability of Service. Celgene Corporation reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Celgene Corporation’ servers on your behalf. Without limiting the foregoing, you agree that Celgene Corporation shall have no responsibility or liability for the deletion or failure to deliver or store any public forum, or any information, pictures, content or email provided by or stored by you on any public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Celgene Corporation. You acknowledge that Celgene Corporation reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Celgene Corporation shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Celgene Corporation or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Celgene Corporation's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiv) are contrary to Celgene Corporation's public image, goodwill, reputation or mission or otherwise not in furtherance of the Promise.
Term & Termination
Notice of Claims of Intellectual Property Violations
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Celgene Corporation to locate the material.
- Information reasonably sufficient to permit Celgene Corporation to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Celgene Corporation's agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:
Celgene Corporate Headquarters
Attn: Privacy Matters
86 Morris Avenue
Summit, NJ 07901
Please provide all of the information requested above. No specific form is required to provide Celgene Corporation with notifications of possible infringement. However, it will take Celgene Corporation longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Celgene Corporation does not knowingly solicit data from children or knowingly market to children. Celgene Corporation is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Celgene Corporation receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Celgene Corporation will delete that information from the Sites as quickly as is reasonably practical.