Johnson & Johnson Services, Inc., a New Jersey limited liability company with its principal offices in Raritan, New Jersey ("we" or "us"), is making its Care4Today® Connect HCP Portal website (including the mobile-optimized versions of such website, the "Site") available to you under these Terms of Use (this "Agreement"). By clicking the "I Agree" button on the Site, you unconditionally agree to follow and be bound by these Terms of Use. If you do not agree to be bound by and comply with all of these Terms of Use, you may not use this Site.
HCP Portal Code and Application
The HCP Portal information on this Site is derived from the patient self-reported information that users of the Care4Today® Connect application ("Application" or “App”) have authorized us to make available to you as one of his/her "Connections". Each such user (i) requests to add a new "Connection", (ii) provides authorization to us for the transfer of his/her personal health information to you, and (iii) types in his/her first name, last name, date of birth, and your site code. The user is then presented with a screen confirming a successful connection request was sent to you. You are then alerted on the HCP Portal website to confirm or deny the request from the user. For more information on the Application, please click here for access to the associated Important Application Information, Terms of Use, and Privacy Policy for the Application.
Intended Use
Users have been advised that the Application is not intended to be used in lieu of medical advice.
Intended Users
The Site is available only to Connections” who are at least 18 years old and residents of the United States. The Site is intended for use only in the United States, its territories and its possessions. You agree to use the Site only in such locations.
Modifications of this Agreement
We reserve the right to update or modify these Terms of Use, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Site after any such changes, you unconditionally agree to follow and be bound by the Terms of Use as changed. For these reasons, we encourage you to periodically review these Terms of Use.
Disclaimers
THE SITE IS PROVIDED ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Requirements for Use
In order to use the Site, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Site. You agree that you are responsible for meeting these requirements and for your use of the internet, any associated fees, charges or expenses.
No Medical Advice; Adherence Percentages; Limitations of the Site and the Application
Information, reports, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials are made available from us or third parties through the Site (collectively "Content"). For example, the Site may provide you with patient names, patient pictures, appointment and activity details, medication names, medication pictures, dosing information, dosing regimens, and adherence percentages for individual medications as well as on a cumulative basis for each patient. We do not guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content. All Content, including the 30-Day Adherence Percentages described below, is for informational purposes only. No Content is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. Neither the Site nor the Application constitutes the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. The Application does not prescribe, dispense, or refill prescriptions. The provision of information about or the enablement of the reminder system through the Application with respect to any drug is not a recommendation or endorsement for such drug. Neither the Site nor the Application is intended to, and does not, identify any drug-drug interaction, and thus, neither the Site nor the Application will recognize or alert the patient or you to any drug-drug interaction that may be harmful to the patient. The absence of a warning for a given drug or drug combination does not and should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for your patient or anyone else. Furthermore, neither the Site nor the Application is intended to provide any dosing information, and we are not responsible for any errors in dosages taken. Reliance on any information provided by us, our employees or third parties through your patient's use of the Application or your use of the Site is solely at your patient's and your own risk.
The HCP Portal provides you, as a "Connection", a rolling 30-day Adherence percentage calculated for your patient's overall and medication by medication adherence based on his/her self-reporting (each "30 Day Adherence Percentage"). The 30-Day Adherence Percentages provide a snapshot of your patient's aggregate and medication by medication adherence to his/her self-reporting of taking his/her medications as per his/her self-directed dosing schedules. The 30-Day Adherence Percentages are calculated by the number of self-reported doses that have been indicated as taken by a patient divided by the number of self-directed medication alerts scheduled by such patient. For example, if in a given 30-day period 100 self-directed doses are scheduled for all medications and 80 doses are self-reported as taken, the adherence percentage would be calculated as 80 doses reported as taken divided by 100 doses scheduled and equal 80%. BECAUSE THE DOSING SCHEDULE FOR A PARTICULAR MEDICATION MAY REQUIRE STRICT ADHERENCE AND ADHERENCE MUST BE ASSESSED IN CONSULTATION WITH A PATIENT'S DOCTOR, ANY ADHERENCE PERCENTAGE, EVEN A VERY HIGH ONE, MAY NOT BE RELIED UPON AS AN INDICATOR THAT A PATIENT IS TAKING HIS/HER MEDICATIONS WHEN AND AS PRESCRIBED. Further, the HCP Portal provides you as a "Connection" additional information by displaying on a day by day basis for the rolling 14-day and 28-day periods overall medication color coded report tiles (green, yellow and red).
These tiles assist you in visualizing your patient's daily adherence as follows:
Adverse Events with Medical Products
If a patient for whom you are a "Connection" has an unexpected or negative reaction (or "adverse event") that may be related to the use of a medical product, it is important that his/her doctor be informed and also that such adverse event is reported to the company that makes or sells the product so it can investigate the incident. The product should include the company's phone number on the label. You can also report the problem to the United States Food and Drug Administration at http://www.fda.gov/medwatch. If you believe that your patient has experienced an adverse event with any Johnson & Johnson family of companies' product, please call 1-800-503-1049 to report such adverse event to the applicable Johnson & Johnson company.
Third-Party Websites and Materials
References or links within the Site to any third parties or their websites or information are provided only as a convenience to you 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.
Technology Support
We do not warrant or guarantee that the Site will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Site. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Site, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Site, including software, text, graphics, links, or communications provided on or through the use of the Site; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Site.
We have no obligation to provide technical support or maintenance for the Site. At any time and for any reason, without notice or liability, we may modify or discontinue the Site or any part of it or impose limits on your use of or access to the Site.
Although we take reasonable measures to keep the Site free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Site will be free of such contaminations.
Connection’s Responsibilities
If you submit any information, messages, comments, posts, text, photographs, data and other materials (collectively "User Content") to us through or related to the Site 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 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 Site or to disrupt the operations or violate the security of the Site. 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 Site 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.
Account and Password
You are responsible for the security and confidentiality of your 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 request to have your account deleted by contacting your site administrator.
License Grant
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Site, 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.
Ownership
We retain all rights to the Site 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 Site, or any copyrights, patent rights, or trademarks embodied or used in connection with the Site.
Copyright and Trademarks
You agree that the Site 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 Site. Your access to the Site does not authorize you to use any name, logo or mark in the Site in any manner. Furthermore, all Site 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 Site software. Any use of the Site or its content that is not expressly permitted by these Terms of Use 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.
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, INCLUDING BUT NOT LIMITED TO YOUR PATIENTS, 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 SITE, 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 Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use 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 Site or your breach or violation of this Agreement.
Termination of Site
These terms are effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. If you violate these Terms of Use, our permission to you to use the Site automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Site, at any time and for any reason, without penalty or liability to you or any third party. 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 destroy all materials downloaded or otherwise obtained from the Site. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: 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 this Site or 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 Site. 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 Site 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 of Use 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 Site 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
3rd Floor East
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.
For further details and other information, please review our Terms of Use and Privacy Policy. If you use Care4Today® Connect, you are accepting our Terms of Use and Privacy Policy.