www.AuburnGenerics.com (the “Web Domain”, “Website”, “website” or “Site”)
is owned and operated by
Pharmaceutical Company, a Michigan corporation doing business as AuburnGenerics.com (the “Site Owner”,
the “Company”, “our”, “us” or “we”). www.GenericBid.com (the “Web Domain”,
“website” or “Site”)
is owned and operated by Auburn Pharmaceutical Company, a Michigan corporation doing business as
(the “Site Owner”, the “Company”, “our”, “us” or “we”). The terms
and conditions of this notice
applications (including mobile applications), platforms, services, domains, blogs, discussion groups,
forums or community pages on or linked from or referenced in the Web Domain (collectively, the "Services").
of Use, please exit from and do not use this Website.
the binding arbitration clause and class action waiver contained in Section 13 below, you may not use
the Services or create an account. We may from time to time add to or revise these Terms
of Use. We encourage you to check our Website regularly for any updates. Your continued use of the Services
Eligibility and Registration
You must be at least 18 years old to use the Services. You may choose to create an account and provide
certain information, including a valid email address and a password. You agree to provide accurate and
truthful information and to keep it accurate and updated. It is your responsibility to maintain the
confidentiality and security of your information, and you agree to notify us if there has been any unauthorized
use of your information. You may not share your password with unaffiliated third parties. By providing
your information, you consent to us contacting you about your interest in the Services by e-mail, phone,
or through any other contact information you have chosen to provide. Please refer to our
You may opt out of marketing by following the instructions in our Privacy
To qualify for access to AuburnGenerics.com, you will need to meet DEA Regulatory Criteria as specified
by a representative of Auburn Pharmaceutical*. If you choose to use Auburn Pharmaceutical’s Controlled
Substances Ordering System (CSOS) you will need to request access through your assigned Account Manager
and obtain a DEA CSOS Certificate. Due to Microsoft updates, if you use Internet Explorer, you will
need to use version 8 or higher on Windows 7 or later. Additionally, you will need to add
to your trusted sites. If you have questions or need support, a representative
of Auburn Pharmaceutical can discuss user access steps with you directly.
If you want to participate in GenericBid.com, our auxiliary
auction platform, you will
have to register separately with GenericBid.com or speak with an Auburn Pharmaceutical representative
*In reference to California State Bill 1765, Auburn Pharmaceutical does not sell directly to physicians
in the state of California.
You should assume that all content that you see, hear or read on this Site is subject to our copyright
and/or trademark protection. All content displayed on this Site, and all trademarks, logos, trade names
and service marks displayed on this Site, whether or not registered, belong exclusively to the Site
Owner or are displayed by the Site Owner with permission from others. The use of this content, including
images, sound files and/or written text, by you or anyone else authorized by you is prohibited unless
unauthorized use of this content may violate copyright laws, trademark laws, the laws of privacy and
publicity, and other applicable regulations and statutes, and may subject you to prosecution or civil
liability. You may only download or copy the contents of this Site for your personal use in the manner
intended by this Site, provided you must also retain all displayed copyright, trademark and other proprietary
notices. You may not reverse engineer, distribute, modify, transmit, reuse or re-post the content of
this Site. You may not copy, reproduce, modify, sell, distribute, re-transmit, display, perform, circulate,
transfer, broadcast, create derivative works from, publish, or use this Site or any content on this
Site for any commercial or unlawful purpose. Without limitation on the generality of the preceding paragraph,
Auburn Pharmaceutical, and www.AuburnGenerics.com are service marks,
trademarks or trade
names of the Site Owner. All rights are reserved. You agree to strictly comply with all applicable intellectual
property laws when you use the Site and Services. Your use of the Site and Services shall not transfer
to you, or create any ownership rights for your benefit in or to, any intellectual or other property
rights of the Site Owner with respect to the Site or Services. You shall not create or derive any rights
in any derivative works based on the Site or Services. You shall not alter any of the content on the
Your License to Use the Services
The Services are owned exclusively by us; however, we grant you a limited, non-exclusive, non-transferable
use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as
in the immediate termination of your right to use the Services. We reserve all right, title and interest
not expressly granted under this license to the fullest extent possible under applicable laws. We reserve
the right to terminate your license at any time.
There are a number of rules you must follow to use the Services. You agree not to use the Services in
any way that:
- Violates these
- Allows you to scrape, monitor, or copy any part of the Services in an automated way, using
any robot, scraper, or other method of access other than manually accessing the publicly-available portions
of the Services;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents
other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or adversely or negatively impacts our revenue;
- Impairs our computer systems or transmits software viruses, worms, or other harmful files.
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates our or any third party’s rights, including copyright, trademark, privacy rights, or any other
intellectual property or proprietary right;
- Threatens, stalks, harms, or harasses us or others, misleads or deceives us or others, promotes bigotry
or discrimination, defames us or others, or is otherwise objectionable; solicits personal information,
or submits or transmits pornography; or
- Violates any laws, including DEA Regulations.
Member Account, Password, & Security
Use of AuburnGenerics.com requires you to open an account; you must complete the registration process
by providing current, complete and accurate information. You are entirely responsible for maintaining
the confidentiality of your password and account, as well as restricting access to your computer or
device. Furthermore, you are entirely responsible for any and all activities associated with your account
while using AuburnGenerics.com. You agree to notify Auburn Pharmaceutical immediately if you become
aware of any unauthorized use of your account or any other breach of security. Auburn Pharmaceutical
will not be liable for any loss that may incur as a result of someone else using your password or account
(either with or without your knowledge). Additionally, you could be held liable for losses incurred
by Auburn Pharmaceutical or another party due to someone else using your account or password. AuburnGenerics.com
may only be used by active accounts of Auburn Pharmaceutical.
Your Content & Submissions
Any communication, material or content that you transmit or upload to this Site, including without limitation
any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and
non-proprietary. We have no obligation to enforce your copyright or trademark. Anything you transmit,
upload or post may be used by us or our affiliates for any commercial or other purpose, including, but
not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are also
free to use any ideas, concepts, know-how, or techniques contained in any communication you send to
this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing,
distributing and/or selling products or services using such information, all without notice or compensation
to you. To the extent that you are deemed the owner of any such communication, material or content that
you transmit or upload to this Site, you hereby grant to us, our subsidiaries, affiliates, successors
and assigns a nonexclusive, transferable, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
copy, display, and enforce such communication, material or content throughout the world in any form.
You represent and warrant to us, our subsidiaries, affiliates, successors and assigns that you own or
otherwise have the unrestricted right to submit all communication, material or content that you transmit
or other property rights of any persons, or cause injury to any other person or entity. We take no responsibility
and assume no liability for any material, content, opinion, recommendation, or advice submitted by you
or any third party. We have no obligation to post any content you provide, and reserve the right to
post our own versions of that content (including, but not limited to, photos of properties or property
descriptions) instead of yours in our sole discretion. We reserve the right (but shall not have the
obligation) to remove or edit all communication, material or content that you transmit or upload to
this Site, without liability to you or others for our decision to do so or not do so. You assign to
us the right to pursue enforcement of copyright and other intellectual property claims against third
distributed content from the Services that has been provided to us by you.
Without limitation on the generality of the foregoing, all comments, remarks, suggestions, ideas, graphics
or other information including, without limitation, information in your registration or profile or other
communications to the Site Owner related to this Site (collectively, the “Submission”) will forever
be the property of the Site Owner. The Site Owner will have no obligation to treat or hold any Submission
as confidential. The Site Owner may, within its discretion, use or otherwise commercially exploit your
Submission for its own benefit and profit, and without liability to you or any obligation to pay to
you any fee or other compensation for the use of your Submission including, without limitation, all
ideas expressed within your Submission. Without limitation on the generality of the foregoing, you agree
that the Site Owner will have exclusive ownership of all present and future rights to all Submissions
of every kind and nature everywhere. To the extent that, under applicable law, you retain any rights
in and to the Submissions, you are deemed to have granted to the Site Owner an irrevocable and perpetual,
royalty free and fully paid, worldwide, transferable (and sub-licensable through multiple tiers), and
exclusive license to make, use and sell (including all copyright and publicity rights in and to) the
Submission. The Site Owner will be entitled to use all Submissions for any commercial or other purpose
of every kind whatsoever, without notice or compensation to you or any other person sending the Submission.
The Site Owner reserves the right to monitor, edit, modify or delete any Submission.
You agree not to introduce to the Site any virus, worm, Trojan horse, malware, spy ware, phishing or
replicating program, lockout or expiration code, or other programming routines or codes that are intended
to cause, or will have the effect of causing, any surreptitious or overt interception, copying, use
or damage of, or interference with, any systems or data, by any other user of the Site. You agree not
to make any submission of any communication, material or content which imposes an unreasonable or disproportionately
large load on the Site’s servers.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL
INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT
WE DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT . We make
no representations or guarantees that the Services are compatible with your equipment or that the Services,
or that any electronic communications sent by us or our affiliates, are error-free or will be free from
loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive,
or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability
relating thereto. You agree that we have the right to change the content or technical specifications
of any aspect of the Services at any time in our sole discretion. You further agree that such changes
may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through
the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete,
current, uninterrupted, or without errors. Any documents, pictures, or other information
available on the Services are for informational purposes only, and may not represent the current condition
of a property or the condition of the property at the time of sale. The posting of pictures
on the Services does not constitute a guarantee that any items represented in the pictures will be present
when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and
investigate all matters relating to any properties. It is recommended that you seek independent
advice, including legal advice, to perform your due diligence and that you use good faith efforts in
determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change.
You should check back frequently for updated information as to items available for bid, auction events,
times and locations, relevant auction terms, and other matters which may be made available by us users
of this Site.
Some of the available content, services, and information may include materials that belong to third
parties. You acknowledge that we assume no responsibility for such content, services, or information.
The content of other websites, services, goods, or advertisements that may be linked to or from the
Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied,
with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness,
usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the
Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to
or from the Services.
YOUR USE OF THIS SITE IS AT YOUR RISK. BY ACCESSING AND USING THIS SITE, YOU AGREE
NO PROMISE, GUARANTY, REPRESENTATION OR WARRANTY IS MADE TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING
ANY CONTENT, FEATURE, PRODUCT OR SERVICE OFFERED THROUGH THE SITE. ALL CONTENT, FEATURE, PRODUCT OR
SERVICE OFFERED THROUGH THE SITE IS OFFERED “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES,
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE SITE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE SITE.
You assume the risk that your access to or use of this Site, including without limitation your
copying, downloading or streaming of materials, data, text, images or audio from this Site, will infect
your computer equipment, software or data with a virus or worm; replicate or copy data onto your hard
drive; replicate, copy or capture data from your hard drive; or otherwise cause damage to your computer
equipment, software or data.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES,
OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT
LIMITATION, FOR LOSS OF PROFITS, LOSS OF ENTERPRISE VALUE, LOSS OF OPPORTUNITY OR LOSS OF DATA, AND
INCLUDING, WITHOUT LIMITATION, DAMAGES ATTRIBUTABLE TO ANY FAILURE OF PERFORMANCE, LOSS OF DATA, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE
IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU OR MAY BE LIMITED.
TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES,
WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER
You agree that if you ever have any claim against us, that claim must be brought within six (6) months
after the claim first arises, otherwise that claim will be forever barred and waived.
You agree to indemnify, defend, and hold us ,our subsidiaries, and affiliates harmless, including costs,
liabilities and legal fees, from any claim or demand made by any third party arising out of or relating
to: (i) your access to or use of the Services; (ii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; (iii) the content you submit to the Services;
defense and control of any matter subject to indemnification by you, and you agree to cooperate in such
defense. You agree not to settle any matter in which you have indemnity obligations without our prior
written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it.
Our use of your information is governed at all times by our Privacy Statement. Our
explains our practices relating to the collection and use of your information in connection with the
and use of your information as set forth in the Privacy Statement.
Termination or Stopping Use of the Services
You can stop using the Services at any time and for any reason.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of
the Services, and/or terminate your access to the Services at any time in our discretion. We may also
modify, suspend, or discontinue the Services, without prior notice to you.
your right to use the Services, we shall be entitled to seek injunctive relief to enforce the provisions
hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or
from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses
from accessing and using the Services. We may also request that you stop accessing or permanently destroy
certain content or information available through the Services.
Binding Arbitration Agreement and Class Action Waiver
Please read this section carefully – it may significantly affect your legal rights, including
your right to file a lawsuit in court and to have a jury hear your claims.
By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge
or jury on any claim, action or dispute with us or relating in any way to your use of the Services or
Statement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively
and binding arbitration in Oakland County, Michigan before one arbitrator; and (c) that the arbitrator
will not have the authority to consolidate the Claims of other users of the Services (“Users”)
not have the authority to fashion a proceeding as a class or collective action or to award relief to
a group or class of Users in one arbitration proceeding.
The arbitration shall be administered exclusively in accordance with the Commercial Arbitration Rules
however, such proceeding shall be governed by the laws of the State of Michigan. All parties shall maintain
the confidential nature of the arbitration proceeding and the award, including the hearing, except as
may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be
necessary in connection with a court application for a preliminary remedy, a judicial challenge to an
award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority
to resolve any Claims; however, notwithstanding the foregoing nothing herein shall prevent or restrict
us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation
of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in any court
of competent jurisdiction.
Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration
if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with
the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where
the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award
the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred
by the prevailing party in connection with the arbitration.
Services Auditing and Monitoring
We reserve the right to audit and monitor (manually or through automated means) the use of the Services
We also may, but are not required to, monitor the content on the Services using manual review or technical
measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts
or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive,
in violation of our policies, or otherwise inappropriate or unacceptable. All enforcement determinations
are made in our sole discretion, and we will not incur any liability or responsibility if we choose
to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your
use of the Services, including your communications and content you submit, if required to do so by law
or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to:
you submit violates the rights of third parties; (iv) respond to your requests for customer service;
or (v) protect the rights, property or personal safety of us, our users and the public.
- Notices and Electronic Communications. We may provide you with notices from
time to time by email, regular
mail, or communications though the Services. When you use the Services, you consent to receive communications
from us electronically. You agree that all notices, disclosures, and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing. You agree
that you have the ability to store electronic communications such that they remain accessible to you
in an unchanged form.
- United States Export and Foreign Assets Control Regulations. We do not represent
that the Services are
appropriate or available for use in any particular location. Those who choose to access the Services
shall do so on their own initiative and are responsible for compliance with all applicable local laws.
You represent and warrant that you are not (a) located in or a national or resident of any country that
is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list
of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on
unenforceable that provision
will be enforced to the maximum extent permissible by law, and the other provisions of the Terms of
Use will remain in full force and effect. Our failure to exercise or enforce any right or provision
Please provide your name, mailing address, telephone number and email address so we can service you
more quickly. You can also call us at (800) 222-5609 or write to us at:
2354 Belingham Dr
Troy, MI 48083