Johnson & Johnson Health and Wellness Solutions, Inc. a New Jersey corporation with its principal offices in Raritan, New Jersey ("we" or "us"), is making its Care4Today® Connect mobile device application ("App" or “Application”) available to you under these Terms of Use (Terms). By downloading the App, using the Application and/or by clicking the “I Accept” button in the App, you unconditionally agree to follow these Terms and create a legally binding contract based on these Terms (Agreement). If you do not agree to be bound by and comply with all of these Terms, you may not use our Application.
Check for Updates to these Terms
We may modify these Terms from time to time in accordance with applicable law. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by the Terms as changed. Last updated: September 10, 2020
Do Not Rely on the Application - Use it at your own Risk
Rely on your physician’s advice and instructions that come with your medicine. Do not rely on the Application in place of the advice you receive from your physician.
Intended Use
Neither the App nor the connection to the HCP Portal is intended to provide medical advice and will not identify any medical concerns or alert you to any medical recommendations based on the information that you enter into the Application.
The Application does not capture or acquire data from a medical device for aiding directly in diagnosis or treatment of a patient, replace a diagnostic or treatment decision made by a physician or otherwise serve the purpose of diagnosis or treatment of an abnormal physical state.
Care4Today® Connect is intended to be used as a helpful medication, appointment, and activity reminder tool. It can also include condition related educational content. It is not intended to be relied upon as a primary method for scheduling when to take your medication or determining what medication to take.
Review all warnings regarding limitations of the Application, including, but not limited to the Important Application Information.
Disclaimers
THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS, INCLUDING AS DESCRIBED IN THE FOLLOWING: WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY AND CONDITION. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Use at your own Cost
We do not currently charge for the Application, but you may be subject to charges from your mobile phone and Internet service providers or other third parties. You are responsible for any associated fees, charges or expenses.
We do not endorse or recommend any linked content
We may provide references or links within the Application to third parties sites or information only for convenience and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.
User's Responsibilities
If you submit any information, messages, comments, posts, text, photographs, data and other materials (collectively) to us through or related to the Application or send us any business information, idea, concept or invention to us by e-mail, you represent and warrant to us that such User Content is not confidential and that you have all necessary permission to submit or otherwise make available such User Content. In addition, subject to limitations set forth in the intellectual property laws of your jurisdiction and in our Privacy Policy, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or User Content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
You further agree that:
You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations.
You agree to comply with all user responsibilities and obligations as stated in this Agreement. Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to similar or other breaches.
Privacy
The personal information you provide to us through your use of the Application is governed by our Privacy Policy. We respect your privacy, and a complete statement of our current privacy policy can be found by clicking here. We may update our policies and practices from time to time at our sole discretion. By agreeing to our Terms of Use you are also agreeing to our Privacy Policy.
Account and Password
You must keep your information accurate, complete and current. Throughout the Application, we use reasonable organizational, technical, and administrative measures to protect personal information under our control, and you are responsible for the security and confidentiality of your Application account and password and any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password. At any time, you may delete your account via the More Menu in the App.
License Grant
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Application and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by others on multiple devices simultaneously.
Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
Ownership
We retain all rights to the Application that are not specifically granted to you in this Agreement. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Application, any updates or derivative works of the App, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Application.
Copyright and Trademarks
You agree that the Application contains proprietary content, information and material that are protected by intellectual property and other laws in the United States and internationally. Therefore, service marks, trade names, trade dress and products are the property of their respective companies. No trademark or service mark license is granted to you with regard to materials contained in the Application. Your access to the Application does not authorize you to use any name, logo or mark in the Application in any manner. Furthermore, all Application software is the property of us or our suppliers and protected by U.S. and international copyright laws. No software license is granted to you with respect to any Application software except as expressly granted herein.
Any use of the Application or its content that is not expressly permitted by these Terms is a breach of this Agreement and may violate copyright, trademark and other laws. All rights not expressly granted to you in this Agreement are reserved by us and our licensors.
Export Restriction
Except as authorized by U.S. law and the laws of the jurisdiction in which the Application was obtained, you may not use, export or re-export the Application. Specifically, and without limiting the foregoing, the Application may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person's List or Entity List or the U.S. Treasury Department's list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Application for any purposes prohibited by U.S. law.
Limitations on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms even if the applicable remedy under these Terms fails of its essential purpose.
Indemnity
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys' fees and costs) arising from or relating to your use of the Application or your breach or violation of this Agreement.
Changes, termination
This Agreement shall be effective until terminated by either you or us. You may terminate this Agreement at any time by written notice to us, provided that you discontinue any further use of any parts of the Application. We may terminate this Agreement, discontinue the Application and/or terminate or suspend your access to any or all of the Application, at any time and for any reason. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us.
Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever for ten (10) years from the date of expiration or termination: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete Agreement and Severability.
Choice of Law and Forum
This Agreement shall be governed in all respects under the laws of the state of New York, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the state courts of New York sitting in New York, New York, or if any such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court for the Southern District of New York. You and we each waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
Complete Agreement
This Agreement and our Privacy Policy constitute the entire agreement between you and us relating to your access to and use of the Application. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.
Severability
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Assignability
You agree that these Terms and all incorporated agreements between you and us may be automatically assigned by us, in our sole discretion, to an affiliate or to a third party in the event of a merger, acquisition or liquidation.
Contact Information
All notices to you relating to this Agreement shall be posted on the Application or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement shall be in writing and sent to the following:
Care4Today® Connect
ATTN: Johnson & Johnson Health and Wellness Solutions, Inc.
1003 US Highway 202N
Raritan, NJ 08869
Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.