Conditions of Use
Welcome to AbbVie’s Direct web site (“Site”)! The Site is operated by Allergan Aesthetics, an AbbVie, Inc. (“AbbVie”) company, and allows AbbVie’s customers to directly purchase products from the Site. AbbVie is pleased to provide this web site for your use and convenience, subject to these Conditions of Use. The Site is intended solely for use by AbbVie customers or the authorized representatives of AbbVie who reside in the United States.
By accessing or using the Site you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Conditions of Use.
This Site is intended by AbbVie to be a tool to facilitate transactions between AbbVie and its customers, referred to herein as “users”. You agree that neither the content nor use of this Site shall modify or amend the terms and conditions of any written agreement between you and AbbVie for the sale of products, and all transactions for the sale of products (including any discounts or price reductions) shall remain subject to such agreement. In the absence of a written agreement between AbbVie and the purchaser, Allergan Aesthetics', an AbbVie company, standard Invoicing Terms and Conditions (“Invoicing Terms and Conditions”) shall apply to all sales of AbbVie products.
AbbVie reserves the right to make changes to the Site and its Conditions of Use at any time without notice. By accessing or using this Site following any such changes, you agree to follow and be bound by the Conditions of Use, as changed. Each time that you use the Site, you should visit and review the current Conditions of Use that apply to your use of the Site and any transactions made while on the Site. If you are dissatisfied with the Site's content or the Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Site. The Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user or customer, or conducting fraudulent activities on the Site are prohibited.
Conditions of Use Shall Include the Following:
Each of the section titles will include a hyperlink to the appropriate section in the Conditions of Use
Privacy
AbbVie may collect your personal data through your use of this Site and such collection shall be subject to the AbbVie Privacy Notice, which is made part of these Conditions of Use by reference. For more information on the data categories we collect, the purposes for their collection, our disclosures to third parties, your data subject rights, and our data retention criteria, visit our Privacy Notice.
Site Eligibility
Only AbbVie customers are eligible to use this site. By accessing or using this Site, you certify that you are an AbbVie customer (or employee or agent of such customer) who is either (a) a licensed healthcare provider in the state(s) where you practice and have a specialty that is consistent with the FDA-approved or FDA-cleared uses of the applicable products and/or services eligible for purchase through the Site or (b) an authorized delegate of such a licensed healthcare provider with authority to use the login credentials of the licensed provider. Furthermore, you certify that you have the requisite training and experience to administer or prescribe the products and use the services for the approved indication(s) or cleared use(s) and you have reviewed the current Important Safety Information, including the FDA-approved or FDA-cleared uses, for the products and services available for sale through this Site. You agree to use such products and services exclusively within your scope of practice, as defined by applicable federal and state laws and regulations. The products and services must be purchased in the United States for use in the United States, including Puerto Rico. In addition, you certify that you are not excluded, debarred, or suspended from participation in, or otherwise ineligible to participate in, any Federal healthcare program or Federal procurement or non-procurement program, and are not subject to any order that may place a limitation on your ability to practice medicine. You agree to promptly inform AbbVie in writing of any action that may limit your license in any jurisdiction or makes you ineligible for Federal procurement or non-procurement programs.
Site Access
Accessing the Site requires login credentials including a username and password. You understand and agree that every user who accesses the Site must be given their own unique credentials and must access the Site using their own unique credentials. Users may not share their credentials with others or use another's credentials to access the Site.
Site User Eligibility
Users of the Site must be legal residents of the United States or Puerto Rico and be at least 18 years of age at the time of registration to be eligible. Void where prohibited by law. Only one (1) account is permitted per user.
Invoicing Terms and Conditions
Please review Allergan Aesthetics’, an AbbVie company, standard Invoicing Terms and Conditions for information regarding the terms and conditions that govern your purchases by means of the Site.
Safe Shopping Policy
We use a variety of information security measures to protect your online transactions with us. The Site uses encryption technology, such as Secure Sockets Layer (SSL) to protect your personal information during data transport. SSL protects information that you submit via our web site, such as ordering information, including your name, address and credit card number.
Security
If you use this Site, you are responsible for maintaining the confidentiality of your user account information, including your password, and for restricting access to your computer. You agree to accept exclusive responsibility for all activities that occur under your user account and password, including but not limited to, fraud, any changes, or updates to credit card information, changes to persons who may access and conduct transactions under your account, etc. You agree to notify AbbVie immediately of an unauthorized use of your account or password, or any other breach of security by notifying AbbVie at csirt@abbvie.com. You may be held liable for losses incurred by AbbVie or any other user of or visitor of the Site due to someone else using your password or account because of your failing to keep your account or password information secure and confidential. Your right to use this Site is not transferrable.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network; or (e) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail or other communications on behalf of AbbVie or Allergan Aesthetics, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software, routine, artificial intelligence, or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site, including but not limited to user data or usage. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism to navigate or search the Site other than the search engine and search agents provided by AbbVie or generally publicly available browsers.
No License
The use of the Site shall not confer upon you, or any user, any license to use, copy, distribute or manufacture under any proprietary rights owned or controlled by AbbVie; it being specifically understood and agreed that all such rights are reserved to AbbVie.
AbbVie and other identifying marks of AbbVie, including those of Allergan Aesthetics and its products and services, are and shall remain the trademarks and tradenames and exclusive property of AbbVie. Any unauthorized use of these marks is unlawful and may be prosecuted to the fullest extent of the law. Other trademarks, on this Site are the property of their respective owners. All content on this Site is the copyrighted property of AbbVie (or, in certain cases, other users of this Site or third-party content providers who have provided necessary permissions to AbbVie) and is protected by United States and international copyright laws. Information on this Site may be used by you only for your personal use as provided for in these Conditions of Use and must not be taken out of context, presented to third parties, or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by AbbVie.
Regulatory Matters
You acknowledge that certain products and/or services referenced on or through this Site may be subject to regulatory requirements. Some of these regulations may impose requirements on purchasers and users of certain products and/or services, and under certain circumstances different or unanticipated product/service usage (i.e., for purposes other than expressly indicted on the product labeling or in the service description) may trigger new or additional regulatory requirements. You acknowledge and agree that you are solely responsible for learning, understanding, and complying with all laws and regulations potentially applicable to those products and/or services that you purchase, use, or access through, or as a result of your use of, the Site. As a user of the Site, you agree to properly investigate the applicability of all such requirements, and warrant that you are properly authorized to order, purchase, administer, and/or dispense any products or services requiring licensing or permitting by any legal authority as a condition of their purchase, use, administration, storage, and/or distribution.
Accuracy of Information
The Site attempts to be as accurate as possible when describing and displaying products and services on the Site. However, to the extent permitted by applicable law, we do not warrant that the product/service descriptions, catalog numbers, prices, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free. You should refer to the labeling and instructions of the specific product and/or the terms applicable to any service, which in all cases takes precedent over this Site.
Prices, availability of products and services, and product information are subject to change without notice. Errors will be corrected where discovered, and AbbVie reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice, including after an order has been submitted and whether or not the order has been confirmed and your customer account or credit card charged. If you, your customer account, or your credit card has already been charged for the purchase and your order is canceled, AbbVie will issue a credit to your customer account or credit card in the amount of the charge. Individual bank policies will dictate when any credit card credit is credited to your account.
Links to Other Sites
This Site may include links to other websites or services. These links are provided solely for purposes of your convenience. AbbVie is not responsible for the content or accuracy of information contained on other sites or the management or control of other site's privacy practices. AbbVie is not liable for any damages or injury arising from content contained on other sites or for any products or services you may obtain or use through such sites. Links to third-party sites or services are not a referral or endorsement of any other entity, product, item, or service. You release AbbVie and its affiliates from any damages that you may incur, and agree not to assert any claims against AbbVie and/or its affiliates, arising from your purchase or use of third-party supplied sites, information, products and/or services.
Pricing Policy
Online prices and selection may vary. Prices and offers are subject to change without notice. Your final pricing is dictated by your agreement of sale, invoice, or sales contract terms, not by information expressed on this Site.
Sales Tax Policy
Items purchased may be subject to sales/use tax in accordance with state and local tax laws based on where the order is shipped. If you are a tax-exempt entity or are purchasing items pursuant to a resale or other exemption certificate, you need to provide us with a copy of a state resale certificate, exemption certificate, or other acceptable proof of your exempt status for the state where the items will be shipped. AbbVie will gladly assist you with placing a tax-exempt order. For assistance with tax-exempt transactions, please call Customer Care at 1.800.433.8871.
Items purchased may be subject to sales/use tax in accordance with state tax laws to where the order is shipped. If you are a tax-exempt entity or are purchasing items pursuant to a resale or other exemption certificate, you need to provide us with a copy of a state resale certificate, exemption certificate, or other acceptable proof of your exempt status for the state where the items will be shipped. AbbVie will gladly assist you with placing a tax-exempt order. For assistance with tax-exempt transactions, please call Customer Care at 1.800.433.8871. For other questions about tax on items purchased, please contact the AbbVie Sales Tax Department at 1.800.347.4500, ext. 7224.
Paying for Your Order
If you are a customer with a credit account you may charge your order to your AbbVie account. You may also pay for your orders with major credit cards issued in the United States of America. Currently, AbbVie accepts Visa®, MasterCard®, American Express® and Discover® Card.
Generally, your credit card will not be charged until we either ship the item(s) to you or confirm availability of the item(s) or services (at which time you will be charged only for the goods AbbVie has actually shipped, or the service has been confirmed, along with any appropriate taxes or shipping charges). However, AbbVie may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line.
AbbVie also accepts payment by e-check, an electronic funds transfer program that will automatically deduct the cost of your online order from your checking account. For payments made by e-check, you will be asked to provide the following personally identifiable information:
- Account holder name
- Bank account number
- Bank routing number
The information is collected only when you voluntarily provide it. E-check enrollment is optional. Previously entered information for e-check transactions will not be selectable for future use therefore requiring the entry of the above information for each e-check transaction.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity by verifying your method of payment or shipping address. AbbVie reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will notify you using the e-mail address on file for your account.
Your credit account or credit or debit card will normally not be charged if AbbVie rejects an order, but AbbVie will process a refund if the charge has been made against your account or card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify AbbVie’s acceptance of your order, nor does it constitute confirmation of an offer to sell. AbbVie reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Order Limitations/Limited Quantities
AbbVie may, at its own discretion, limit or cancel quantities purchased per person, per account, per user, or per order. AbbVie also reserves the right to reject any order you place with us. These restrictions may include, without limitation, orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you by contacting the e-mail and/or billing address on file for your account.
Shipping
All orders placed on this Site are subject to product availability. All other orders shipped within the continental United States will be shipped FOB AbbVie’s shipping point. AbbVie and you will negotiate in good faith regarding any goods lost, damaged or destroyed while in transit. Shipping dates provided on the Site are estimates only and actual dates of shipment may vary. For any shipping concerns, please refer to the shipping details in your order.
Loyalty Programs
Allergan Aesthetics offers loyalty programs to its customers. This Site refers to aspects of the customer loyalty programs. However, Allergan Aesthetics cannot guarantee that information regarding the programs that is included on this Site, including but not limited to point totals and levels, will be error free.
Price Reporting/Discount Safe Harbor
You are responsible for reporting the net price for all products purchased through this Site, inclusive of any discounts or application of loyalty rewards points or credits. All purchases made through this Site are intended to comply with the discount safe harbor to the federal Anti-Kickback Statute (42 C.F.R. § 1001.952(h)). You agree to accurately report your net price, as may be requested or required by applicable authorities.
Adverse Event Reporting
This Site is not intended for adverse event reporting. To report SUSPECTED ADVERSE REACTIONS, contact AbbVie at 1.800.624.4261 or FDA at 1.800.FDA.1088 or www.fda.gov/medwatch.
Termination of Use
AbbVie may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. AbbVie reserves the right to change, suspend or discontinue all or any aspects of the Site, or of the Site for your use, at any time without notice.
Potential Disruption of Service
Access to the Site may from time-to-time be unavailable, delayed, limited, or slowed due to, among other things: (a) hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; (b) software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; (c) overload of system capacities; (d) damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; (e) interruption (whether partial or total) of power supplies or other utility of service; (f) strike or other stoppage (whether partial or total) of labor; (g) governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; (h) malfeasance by third parties, such as illegal hacking; or (i) any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of AbbVie. AbbVie shall have no liability to you or any user or third party for any reason arising from an inability to access or use the Site.
Limitation of Liability
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED "AS IS" "AS AVAILABLE". ABBVIE IS NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE. ABBVIE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, INTEFERENCE BY THIRD PARTIES, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, ALLERGAN AESTHETICS WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL ABBVIE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND ABBVIE’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
ABBVIE DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
UNDER NO CIRCUMSTANCES WILL ABBVIE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER ABBVIE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Miscellaneous
These Conditions of Use contain the entire agreement of AbbVie and you and supersedes all existing agreements and all other oral or written communication between them concerning its subject matter. The paragraph headings contained herein are intended for convenience of reference only and shall not affect the interpretation of any provision. If any provision of these Conditions of Use is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired. These Conditions of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Illinois.
How to Contact Us
If you have questions about AbbVie's Conditions of Use, contact us here.
Regular Mail:
AbbVie Inc.
1 N. Waukegan Road
North Chicago, IL 60064