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Terms & Conditions

  1. Scope of the Terms of Use

    www.AuburnGenerics.com (the “Web Domain”, “Website”, “website” or “Site”) is owned and operated by Auburn, a Michigan corporation doing business as AuburnGenerics.com (the “Site Owner”, the “Company”, “our”, “us” or “we”). www.GenericBid.com (the “Web Domain”, “Website”, “website” or “Site”) is owned and operated by Auburn Pharmaceutical Company, a Michigan corporation doing business as GenericBid.Com provide (the “Site Owner”, the “Company”, “our”, “us” or “we”). The terms and conditions of this notice (this “Statement”, or “Terms of Use”) govern your visit to and use of the Web Domain including all tools, 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").

    By using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit from and do not use this Website.

  2. Accepting the Terms of Use & Changes to the Terms of Use

    By accessing or using the Services, you are agreeing to be bound by these Terms of Use and entering into a legally binding agreement with us. If you do not agree to the Terms of Use, including 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 following such changes will constitute your acceptance of the new or revised Terms of Use.

  3. 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 Privacy Statement. You may opt out of marketing by following the instructions in our Privacy Statement.

    To qualify for access to AuburnGenerics.com, you will need to meet DEA Regulatory Criteria as specified by a representative of Auburn*. If you choose to use Auburn’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 https://auburngenerics.com to your trusted sites. If you have questions or need support, a representative of Auburn 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 representative about eligibility/registration.

    *In reference to California State Bill 1765, Auburn does not sell directly to physicians in the state of California.

  4. Intellectual Property

    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 specifically permitted by these Terms of Use or with the prior written consent of the Site Owner. Any 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, 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 Site.

  5. Your License to Use the Services

    The Services are owned exclusively by us; however, we grant you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the Terms of Use. You will not 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 expressly permitted in these Terms of Use. Any violation by you of these license provisions may result 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.

  6. Service Rules

    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 Terms of Use;
    • 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.

  7. 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 immediately if you become aware of any unauthorized use of your account or any other breach of security. Auburn 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 or another party due to someone else using your account or password. AuburnGenerics.com may only be used by active accounts of Auburn.

  8. 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 upload to this Site, and that doing so will not violate or infringe on these Terms of Use, the intellectual 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 parties that have, without authorization, and in violation of the Terms of Use, scraped, copied, or 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.

  9. Disclaimers

    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 THAT 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, EXPRESS 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.

  10. 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 IS GREATER.

    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.

  11. Indemnity

    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; or (iv) your breach of the Terms of Use. We reserve the right, at your expense, to assume the exclusive 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.

  12. Privacy Statement

    Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.

  13. 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.

    If you breach or threaten to breach any provision of these Terms of Use, in addition to terminating 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 threatened breach of these Terms of Use. If we prevail in such action, we shall be entitled to recover 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.

  14. 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 the interpretation, applicability, enforceability or formation of these Terms of Use and our Privacy Statement including, but not limited to, any claim that all or any part of the Terms of Use or our Privacy Statement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final 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”) and will 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 of the American Association (“AAA”), as modified by these Terms of Use. Notwithstanding these 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 arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, 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.

  15. Services Auditing and Monitoring

    We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with the Terms of Use and to maintain and improve the provision 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: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content 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.

  16. General Terms

    1. 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.
    2. 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 such list.
    3. Miscellaneous. If any provision of the Terms of Use is found invalid or 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 of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Terms of Use or the rights hereunder without our prior written consent. We may assign the Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with the Terms of Use in our sole discretion.

  17. Contact Us

    Should you have any questions about the Terms of Use, contact us by sending an email to customerservice@auburnpharm.com. 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:

    Auburn
    1744 Rochester Industrial Drive
    Rochester Hills, MI 48309