Effective: 01/01/2021

This Terms of Use Agreement and our Privacy Statement (together, these "Terms") describe the terms and conditions on which Amgen Asia Holdings Ltd  and Amgen Inc. (collectively, "Amgen") offers you access to this Fight the fracture website available at fight the fracture.in (“Services”) It does not apply to any other activities on a different platform or medium for the Fight the Fracture campaign.

Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between Amgen and you.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND AMGEN AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.

If you do not agree to any of these Terms, please do not use the Services.

1. ADDITIONAL TERMS

Certain features of the Services, such as mobile applications ("Apps"), promotions, offers and research studies, may be subject to additional terms and conditions ("Additional Terms") presented in conjunction with them. Amgen may present Additional Terms to you through the Services or offline. Regardless of how they are presented to you, Amgen requires that you agree to Additional Terms before using these features of the Services. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the Service(s) to which the Additional Terms apply.

2. CHANGES TO TERMS

The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may amend or supplement these Terms. We will provide you with advance written notice of material changes to these Terms and will not make changes that have a retroactive effect on your privacy rights unless we are legally required to do so or to protect other users' use of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.

3. CONTENT OF THE SERVICES

The Services, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo, service mark and/or other content provided on, in or through the Services (collectively, "Amgen Content") are owned by Amgen or its licensors and protected under both United States and foreign copyright, trademark and other laws.

If you agree to these Terms, then Amgen grants to you a personal, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Services and download, print and/or copy Amgen Content solely for your own use and subject to these Terms.

Nothing contained in these Services should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to Amgen's trademarks, logos or service marks ("Marks"), patents, trade secrets or other intellectual property embodied in the Services. Unauthorized use of any of the Marks or Amgen's other intellectual property may violate law. All rights not expressly granted herein are reserved by Amgen.

Unless Amgen provides you with written authorization to do so, you may not:

YOUR USE OF THE AMGEN CONTENT IS SOLELY AT YOUR OWN RISK.

4. AMGEN CONTENT IS NOT MEDICAL OR PROFESSIONAL ADVICE.

The Amgen Content, including all medically-related information, is for informational purposes only. Please confirm all Amgen Content with other sources and with your physician and professional health care providers. Amgen does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Services.

AMGEN CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911.

5. USE OF THE SERVICES

5.1. Eligibility: You must be the age of legal majority or older in your place of residence to use the Services. By using the Services, you represent to Amgen that you are at least the age of majority in your place of residence.

5.2. Your Responsibilities: You may use the Services for lawful purposes only. You may not use the Services in any manner that could damage, disable, overburden or impair Amgen's servers or networks or interfere with any other party's use and enjoyment of the Services.

You may not attempt to gain unauthorized access to the Services, other users' Accounts or Amgen's computer systems or networks through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not and you agree not to encourage or allow any third party to:

  1. copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services or Amgen Content;
  2. use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
  3. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services (or any features or functionality of the Services) to any third party for any reason;
  4. reformat or frame any portion of the web pages that are part of the Services; or
  5. create more than one Account by automated means or under false or fraudulent pretenses.

You are solely responsible for any and all charges, fees and other costs related to use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider.

6. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

No Warranties

Amgen warrants that Amgen has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Amgen specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Amgen makes no warranty as to the accuracy, completeness, currency or reliability of any of the Services. Amgen does not warrant that (i) the Services will meet your requirements, (ii) operation of the Services will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by Amgen or its agents does not and will not create any warranty.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

AMGEN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF AMGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES.

IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 6 IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AMGEN'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO AMGEN DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Amgen would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Amgen and affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys' fees brought against Amgen by any third party arising out of or are related to your violation of these Terms or use of the Services. Amgen reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Amgen may be made without Amgen's prior written approval.

Amgen agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Services in compliance with these Terms infringes a third party's U.S. patent, copyright or trademark right.

8. ELECTRONIC CONTRACTING

Your affirmative act of using and/or registering for the Services constitutes your consent to enter into agreements with Amgen electronically.

9. INFORMATION, NEWS AND PRESS RELEASES

The Services may contain information, news and/or press releases about Amgen. While this information was believed to be accurate as of the date it was prepared, Amgen disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Amgen contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Amgen.

10. THIRD-PARTY SITES & SERVICES

The Services may contain links to third-party websites and services, including social media (collectively, "Linked Services"). Linked Services are not under the control of Amgen and Amgen is not responsible for Linked Services or for any information or materials on or any form of transmission received from any Linked Service. The inclusion of a link does not imply endorsement by Amgen of the Linked Service or any association with the operators of the Linked Service. Amgen does not investigate, verify or monitor the Linked Services. Amgen provides links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms and conditions of use and other legal provisions applicable to the Linked Services.

11. AMGEN'S LINKING POLICY

Unless otherwise set forth in a written agreement between you and Amgen, you must adhere to the following rules if you link to any portion of the Services: (i) any link to the Services must be a text only link clearly marked "Amgen Service," (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with Amgen's Marks, (iii) the link must "point" to the root domain name of the Amgen Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Amgen, (v) when selected by a user, the link must display the Service on full-screen and not within a "frame" on the linking website or service, and (vi) Amgen reserves the right to revoke its consent to the link at any time and in its sole discretion.

12. DATA PRIVACY AND PROTECTION

Please make sure that you carefully read our Privacy Statement to learn about the information that Amgen collects through the Services and how we process it.

Without limiting the terms of Amgen's Privacy Statement, you understand that Amgen does not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure. Except as expressly required by law, Amgen is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Services. Amgen reserves the right at all times to disclose any information as Amgen deems necessary to satisfy any applicable law, regulation, legal process or governmental request or protect the security of Personal Information and the Services.

13. TERMINATION

These Terms automatically terminate when you fail to comply with any term or condition of them. Amgen may terminate or modify your access to the Services, with or without notice to you, at any time for any reason. For example, access to the Services may be denied without notice if Amgen believes that you are a minor.

Termination will not limit any of Amgen's other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms (including but not limited to Sections 6, 7, 13, 16, 19 and 20) shall survive termination.

14. APPLE DEVICE ADDITIONAL TERMS 

If you access an App via a mobile device or tablet branded by Apple, Inc. ("Apple") and running Apple's iOS (an "Apple Device"), the following terms ("Apple Device Additional Terms") are hereby made part of these Terms:

Conflicting Terms. If these Terms conflict with the Apple Device Additional Terms, then the Apple Device Additional Terms shall apply with respect to access and use of the Services via an Apple Device.

  1. Agreement with Amgen, Not Apple. You acknowledge that these Terms are an agreement between Amgen and you, and not with Apple. Amgen, not Apple, is solely responsible for any App you access via your Apple Device ("iOS App") and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the "App Store Terms of Service"), the App Store Terms of Service shall apply to the extent of any conflict.
  2. Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
  3. Maintenance and Support. Amgen is solely responsible for providing any maintenance and support services for an iOS App, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App.
  4. Warranty. Amgen is solely responsible for any product warranty, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the an iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Amgen's sole responsibility.
  5. Product Claims. You hereby acknowledge that Amgen, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit Amgen's liability beyond what is permitted by applicable law.
  6. Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use of an iOS App infringes that third party's intellectual property rights, Amgen, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Third Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.
  8. Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to the Contact information set forth below.

15. MISCELLANEOUS

  1. These Terms (which include our Privacy Statement) contain the entire understanding by and between Amgen and you with respect to the matters contained herein.
  2. These Terms inure to the benefit of and will be binding upon Amgen's and your successors and assigns, respectively.
  3. These Terms may be assigned by Amgen but you may not assign these Terms without the prior express written consent of Amgen.
  4. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
  5. If Amgen fails or you fail to perform any obligation under these Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
  6. Nothing contained in these Terms will be deemed to constitute Amgen or you as the agent or representative of the other or as joint venturers or partners.
  7. If Amgen is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause.
  8. Headings and captions are for convenience only.