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Terms of Use

(Last Updated: March 28, 2013)

 

Please read these Terms of Use carefully before using this website (this “Site”) and print a copy for your records. This Site is provided to you by Johnson & Johnson Medical Products, a division of Johnson & Johnson Inc. (“JJMP” or “we” or “us”).

 

By using this Site, the individual accessing or using this Site (“you”), acknowledges having read, understood and accepted these Terms of Use and agrees to be legally bound by them. If you do not agree to these Terms of Use, do not access or use this Site. JJMP may at its sole discretion modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.

 

1.  Eligibility

 

This Site is only for residents of Canada. If you are not a resident of Canada, you may not use this Site.

 

2. Materials and Marks

 

All content of this Site (including all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, tools, artwork and other graphic materials, but excluding the Marks (as defined below)) (the “JJMP Materials”) is owned by JJMP Inc. or its licensors and is protected by intellectual property rights including worldwide copyright and trade-mark laws.

 

The trademarks, logos, service marks, trade names and trade dress on this Site (the “Marks”) are protected in Canada and internationally. No use of any of the Marks may be made without the prior written authorization of JJMP or its applicable licensor, except to identify the products or services of the company.

 

JJMP hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the JJMP Materials for non-commercial and personal use only provided that you maintain all copyright and other notices contained in such JJMP Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any JJMP Materials to any third party (including, without limitation, the display and distribution of JJMP Materials via a third party website) without the express prior written consent of JJMP. Unless expressly permitted herein, any use of JJMP Materials is only permitted with the express written permission of JJMP and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the JJMP Materials. All rights not expressly granted herein are hereby reserved by JJMP.

 

3. Product and Medical Information

 

The JJMP Materials may include product and medical information. All such information is provided for information purposes only. The information is not intended to provide you with complete information or any medical advice.

 

4. Links

 

This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of JJMP. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites. You may not create a link to this Site without the prior written consent of JJMP. To obtain consent, please contact us at fax no. 905-946-2168, attention: Vice President, Law

 

5. Privacy

 

JJMP’s personal information practices on this Site are governed by JJMP’s Privacy Policy. Please review this Privacy Policy.

 

6. Your Material

 

You may from time to time communicate to us information, suggestions, materials, ideas, opinions, concepts, votes, inventions, know-how, techniques, creative ideas or any content (collectively “Your Material”) on this Site or transmit Your Materials to JJMP through this Site. You understand and agree that JJMP assumes no responsibility for reviewing unsolicited ideas for its business (such as products, services or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and/or Your Materials and future JJMP products, services or programs. This means that JJMP has no obligation to treat Your Materials, including your idea submissions, confidentially. You hereby grant to JJMP a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, perform, broadcast, communicate to the public by telecommunication and circulate Your Materials, in whole or in part, and to sub-license any such rights, for any purpose whatsoever including disclosure to third parties and/or developing, manufacturing and/or marketing products or services. You hereby waive all moral rights that you may have in Your Materials. Your Materials may be used by JJMP now or in the future without any payment to or further authorization by you.

 

You shall be responsible for the content and information contained within any communications to this Site or the owners of this Site. You represent, warrant and covenant that: (a) you are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights, or privacy rights of any third party; and (b) you have ensured the accuracy and truthfulness of Your Materials.

 

7. Your Account and Password

 

You acknowledge and agree that should this Site permit the creation of a personal account you are solely responsible for your account and the security of your user ID and password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise JJMP of any unauthorized use of your account.

 

8. Disclaimers of Warranties

 

JJMP will use reasonable efforts to include up-to-date and accurate information on this Site, but this Site, its contents, the JJMP Materials, and any software, links, tools, tips, products, functionalities and services offered through or contained in or advertised on this Site are provided on an “as-is” basis, and on an “as available” basis. JJMP makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to this Site, its contents, the JJMP Materials, content provided by third parties or such software, links, tools, tips, products, functionalities and services offered through or contained in or advertised on this Site, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to this Site, its content or, any software, links, tools, tips, products, functionalities or services provided through this Site. In addition, JJMP does not provide any representation, warranty, guarantee or condition that the information accessible via this Site is accurate, complete or current. All representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws.

 

9. Limitation of Liability

 

In no event shall JJMP, its affiliates and any of their respective directors, officers, employees, agents, mandataries or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, savings, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this Site; any JJMP Materials, information, qualification and recommendations appearing on this Site; your reliance on any information provided on this Site; any software, tools, tips, links, products, functionalities or services offered through, contained in or advertised on this Site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use this Site whether or not arising from breach of contract, tort, civil liability or otherwise and even if JJMP has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by applicable laws.

 

You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site and Your Materials. JJMP shall not be responsible for Your Materials or the materials of any other users submitted to this Site.

 

10. Indemnification

 

You agree to indemnify and hold harmless JJMP and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights, or privacy rights, of any third party.

 

11. Termination

 

JJMP may at any time and at its sole discretion restrict or terminate your right to use this Site.

 

12. Governing Law

 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. This provision shall apply to the maximum extent permitted by applicable laws.

 

13.  Contacting Us

 

If you would like to communicate with us regarding these Terms of Use, you can reach us at:

 

Johnson & Johnson Medical Products, a division of Johnson & Johnson Inc.
200 Whitehall Drive
Toronto, Ontario L3R 0T5
Attention: Vice President, Law
Fax: 905-946-2169

 

14.  General

 

Unless stated otherwise on this Site, these Terms of Use constitute the entire agreement between you and JJMP with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. No failure by JJMP or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Sections 2 (except for the licence to the JJMP Materials), 3, 4, 6, 7, 8, 9, 10, 12, 13 and 14 shall survive the termination of your right to use this Site.