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a:care Website and My a:care App Online Terms of Use
These Online Terms of Use govern your access to the a:care Website/portal and/or the My a:care App (referred to as “Website” and “App”, respectively) which is controlled and provided to you by Abbott Product Operations AG, located at Heigenheimermattweg 127, 4123 Allschwil, Basel, Switzerland (“Abbott”). These Online Terms of Use do not apply to Abbott Website/Apps that do not link to these Online Terms of Use, to residents of the United States, or to third-party web sites to which the Abbott Website/App may link.
Your use of the Website/App or App is subject to these Online Terms of Use and the Cookies and Privacy Policy (“Privacy Policy”). Please read and review these Online Terms of Use and the Cookies and Privacy Policy carefully before accessing or using the Website/App.
THE INFORMATION THAT YOU RECEIVE VIA THE WEBSITE/APP IS NOT INTENDED TO BE, NOR SHOULD IT BE REGARDED AS COMPRISING MEDICAL ADVICE OF ANY NATURE.
THE WEBSITE/APP IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND NOT INTENDED FOR THE DIAGNOSIS OF ANY MEDICAL CONDITIONS. USERS SHOULD BE AWARE THAT THE WEBSITE/APP IS MERELY AN INFORMATION SERVICE AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE YOU RECEIVE FROM A QUALFIIED HEALTHCARE PROFESSIONAL OR ADVICE THAT YOU AS A HEALTHCARE PROFESSIONAL PROVIDE TO YOUR PATIENTS.
BY INSTALLING, ACCESSING, BROWSING OR CHECKING THE BOX “I AGREE WITH THESE ONLINE TERMS OF USE”, YOU INDICATE THAT YOU INTEND YOUR ACT TO SERVE AS:
(A) YOUR ACKNOWLEDGEMENT, ACCEPTANCE AND CONSENT OF THESE TERMS OF USE; AND
(B) YOUR SIGNATURE TO THESE ONLINE TERMS OF USE IS TO HAVE THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE.
IF YOU DO NOT ACCEPT ALL TERMS OF THESE TERMS OF USE, YOU MUST NOT USE THE WEBSITE/APP.
- GENERAL
1.1 The Website/App is designed as an online platform/Website/App which is intended only for use :
a. by patients with the aim of offering additional support, information and education on their disease by providing access to tools to better manage and obtain more information through educational content in the various e-learning activities.
b. by health care professionals (“HCP’s”) such as licensed medical physicians and pharmacists with the aim of enhancing skills and knowledge of those HCP’s who access and use the Website by supporting the exchange and dissemination of scientific information through interactive medical and clinical educational content in the various e-learning activities.
1.2 The Website/App, and the content and information available through it, should not be used as a basis for any diagnosis, monitoring, management, or treatment of any medical condition. The information provided in the Website/App is provided by Abbott for general information purposes only and does not constitute business, medical or other professional advice. It is not intended to, and does not provide medical advice of any nature, nor a means for users to self-diagnose any medical condition. Nothing contained in the Website/App is intended to replace a physician-patient relationship, or to be a substitute for medical advice. Never disregard professional advice based on the information contained in the Website/App. The Website/App does not offer personalized medical diagnosis or patient-specific treatment advice. You further acknowledge that the Website/App, Content (defined below), and Abbott customer service contacts are not intended for use in an emergency response situation and are not suitable for use in such situations where failure, delay, inaccuracies, or errors in the Website/App or Content available through the Website/App could lead to death or personal injury. The Website/App, Content, and any Abbott customer service contacts cannot be considered a lifesaving solution, and they are not a substitute for emergency services. All life threatening and emergency situations should be directed to the appropriate emergency response services in your area.
1.3 Nothing contained in the Website/App is or is intended to be of a promotional nature. You should not construe anything on the Website/App as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence. Please note that the information on the Website/App may contain information about products or indications currently under investigation and/or that have not been approved by the regulatory authorities.
1.4 Abbott may make changes to these Online Terms of Use from time to time, as well as to the Cookies and Privacy Policy. These Online Terms of Use govern any updates Abbott provides to you that replace or supplement the Website/App, unless a separate license or revised Online Terms of Use accompanies the upgrade, in which case the terms of that license or revised Online Terms of Use will govern. Your continued use of the Website/App means you agree to any changes we make to the Online Terms of Use.
1.5 You hereby give your consent that Abbott may send you e-mails at the e-mail address you provided to us for customer service-related purposes, as well as in connection with providing communications about features of the Website/App (e.g., information on features, updates) unless you opt out of receiving such communications by unsubscribing to any emails sent to you.
1.6 Abbott may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website/App. If we learn of a security system’s breach, Abbott may attempt to notify you electronically by posting a notice on the Website/App or by sending an email to you, if we have your email address. You may have a legal right to receive the notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at webmaster@abbott.com . - MY A:CARE ACCOUNT
2.1 In order to use the Website/App, you must create an a:care account and password. You acknowledge and agree that the Website/App is designed and intended for use on an individual basis and you should not share your a:care account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of your a:care account and for all activities that occur on or through it. You agree to immediately notify Abbott if you become aware of a security incident or breach affecting your a:care account, including where you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on your a:care account from unauthorised users or for any losses arising out of or in connection with the unauthorised use of your a:care account where caused by you.
2.2 Provision of an a:care account to you is subject to your agreement to and continued compliance with all the terms and conditions of these Online Terms of Use. You will be responsible for obtaining and maintaining any internet connections, computing equipment, and supplies necessary for you to receive, access, and use the Website/App. You agree to only use the Website/App as expressly permitted herein. Abbott and its suppliers own all rights, titles, and interests in and to the Website/App.
2.3 To use the Website/App you must enter some of your personal information, including your email address and password, to create your a:care account. You agree to provide accurate and complete information when you register with, and as you use, the Website/App, and you agree to keep your a:care account information accurate, current, and complete.
2.4 Your use of the Website/App is subject to you having read and, understood and agreed to our Privacy Policy, which is available at Privacy Policy and is hereby incorporated by reference into these Online Terms of Use. You acknowledge and consent that Abbott will disclose information regarding the use of the Website/App including personal information pertaining to you in accordance with the Privacy Policy, including when required by law or based on a good faith belief that such action is necessary to investigate or protect against harmful activities to Abbott, people, or property (including the Website/App).
2.5 The App is made available to you by Abbott free of charge for use on your smartphone, or other mobile device (each, a, “Device”). However, you may be charged standard rates or fees by wireless or telephone carriers (your “Carrier”) or other third parties that are not connected to Abbott for the download and use of the App. All third-party fees, such as data usage fees charged by your Carrier, and compliance with any applicable third-party terms (such as your Carrier’s terms of service) are your responsibility. You acknowledge that your information will be transmitted over an insecure public computer network and that Abbott is not liable for any loss of information transmitted in the manner. - PERMITTED USES OF THE WEBSITE/APP
3.1 Subject to these Online Terms of Use you may freely browse and access the Website/App and the content (which may include live stream sessions and any related texts, images and audios) that is made available via the Website/App (all such material referred to in these terms as “Content”), and download Content from the Website/App (browsing, viewing/watching and downloading collectively referred to in these terms as “Use”), provided in relation to downloading Content that (i) the download feature is available to you on the Website/App, (ii) you complete the downloading process and comply with any relevant downloading instructions displayed in the Website/App and, (iii) you do not modify the Content that you download in any way and retain and reproduce each and every copyright notice or other proprietary rights notice contained in such Content.
3.2 All use of such Content is for informational and non-commercial or your personal use only and you may not distribute, modify, transmit, reuse, repost, or otherwise Use the Content for commercial purposes, without prior written permission from Abbott or our licensors. Unless Abbott has provided you prior written permission, no license to or right in the Content, or any copyright of Abbott or of any other party is granted or conferred to you. Abbott reserves any rights not expressly granted in these Online Terms of Use. If you use any Content in breach these terms your right to use the Website/App will cease immediately and you must, at our option, return or destroy any copies of the Content that you have made.
3.3The App is licensed, not sold, to you. This is the only license or right that you receive with respect to the App and Content. The license and right is revocable by Abbott and non-transferable to others. The App and all rights therein are and shall remain Abbott’s property or the property of Abbott’s licensors.
3.4 When you use the App and the Content, you are solely responsible for:
a) ensuring that you are using the latest available version of the App;
b) ensuring that all operating systems and security software for the Device are the most up-to-date versions available;
c) any damage to your Device, and any loss, corruption or leak of information that you store in the Device that results from the Use of the App or Content or the interaction of the App or Content with other Apps or programs that you may download or use;
d) maintaining the security and confidentiality of any personal identification numbers, account information, passwords, and the like related to your Use of the App or Content;
e) maintaining the physical security of your Device; and
f) maintaining the security and confidentiality of Personal Information that you store on your Device. “Personal Information” is information that alone or in combination with other information, such as your name, birth date, e-mail address, mailing address, or telephone number, identifies you or can be used to identify you or your personal characteristics, such as your name, or contact information that is collected and/or transmitted by the App.
3.5 When you use the App and the Content, you are not permitted to:
a) reproduce, duplicate, copy, modify, edit, improve, sell, resell, reverse engineer, change, exploit, or otherwise interfere with the operation of the App, its Content, its software, or any portion of any of the foregoing in any way;
b) Use the App or its Content for any commercial purpose or for any purpose in violation of local, state, national, or international laws;
c) reverse engineer, decompile, disassemble, decode, modify, or create derivative works of the App, any App updates or any part of the App or updates;
d) attempt to disable or circumvent any security or other technological measure designed to protect the App or any Content;
e) remove, obscure, or alter any copyright or other proprietary notations from the App or part of the App;
f) engage in systematic or manual copying or scraping and widespread distribution of Content to the public; or
g) violate these Terms of Use.
3.6 If you Use the App and the Content in any way prohibited by these Terms of Use, Abbott shall be entitled to take all reasonable steps to protect the App, which may include suspension of your access to the App and immediate termination of your a:care account. - ABBOTT’s Trademarks / proprietary rights
4.1 For the purposes of this agreement, “Intellectual Property Rights” means any copyright, patent, trade secret, trade dress, trademark, goodwill, rights in get-up, media, materials, designs, technology, artwork, graphics, icons, computer software (including source code), databases, and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented, in any part of the world.
4.2 You should assume that everything you see or read on the Website/App is copyrighted or licensed by Abbott unless otherwise noted and may not be used without the written permission of Abbott.
4.3 Unless otherwise noted, you should also assume that any logos, company names, or trade names appearing on the Website/App, whether or not appearing in large print or with the trademark symbol, are trademarks of Abbott and/or other parties. The Website/App may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Abbott and/or other parties. No license to or right, express or implied, in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Abbott and/or other parties is granted to or conferred upon you.
4.4 For the avoidance of doubt, Abbott retains all rights to the Website/App and Content that are not specifically/expressly granted to you in these Online Terms of Use. Abbott does not transfer to you any title to or any proprietary or Intellectual Property Rights in or to the Website/App or Content, any updates or derivative works or any copyrights, patent rights, or trademarks embodied or used in connection with the Website/App or the Content. Except for the limited licenses expressly granted to you under these Online Terms of Use, no other rights, licenses, or immunities are granted. There are no implied licenses under these Online Terms of Use. - LICENSE To ABBOTT
5.1 The Website/App may allow you and other users to upload, transmit, or submit (collectively, “post”) Content through this platform (“User Content“). By posting your personal information or other User Content to Abbott you grant Abbott a worldwide, royalty-free, transferable, fully sublicensable, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, communicate, publicly perform, publicly display, create derivative works (such as those resulting from adaptations or other changes so that the data works better with the Website/App) such User Content for the purpose of providing you with the Website/App and Abbott’s products and services. As described more fully in its privacy policy available at Privacy Policy , Abbott may create, access, retain, use, and disclose to third-party researchers, aggregated, anonymised, de-identified (or pseudonymised to the extent permitted by your law) data derived from the Website/App for the purposes of marketing and/or educational research, to evaluate how the Website/App is provided, to evaluate its use, and its various components and equipment, to evaluate performance or impact on users, or for product development. You agree that the license herein permits Abbott to take any such actions.
5.2 To the extent permitted by applicable law, by posting User Content to or through the Website/App you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Website/App. You expressly release Abbott and Abbott’s agents, partners, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to your posting of User Content as authorized in these Terms of Use.
5.3 You are solely responsible for the User Content you post or upload to the Website/App and the consequences of posting it. By posting/uploading User Content, you represent, warrant, and covenant that: (i) you are the creator and owner of the User Content, or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) the User Content does not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, or libel any other person, (C) be inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotive of discrimination, bigotry, racism, or hatred, as determined by Abbott in its sole discretion; (iii) the User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; or (iv) unless you have received prior written authorization, the User Content specifically does not contain any confidential information of any third party. Abbott reserve all rights and remedies against any users who breach these representations and warranties.
5.4 Abbott is under no obligation to monitor, edit, or control User Content that you or other users post to the Website/App, and will not be in any way responsible or liable for such User Content or failure to review or act upon such User Content. Abbott may, however, at any time and without prior notice, screen, remove, edit, or block any User Content posted by you or others that in our sole judgment violates these Online Terms of Use or is otherwise objectionable. - INTELLECTUAL PROPERTY POLICY
8.1 Abbott respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Website/App.
8.2 Abbott’s intellectual property policy is to (a) remove material that Abbott believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Website/App, and (b) remove any User Content posted to this platform by users who are “repeat infringers.” Abbott considers a “repeat infringer” to be any user that has uploaded User Content to the Website/App and for whom Abbott has received more than two takedown notices or complaints with respect to their User Content. Abbott has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Abbott’s own determination. - FEEDBACK
9.1 Any data, comments or materials that you supply via the Website/App or provide to Abbott in order to receive support, including feedback data, such as questions, comments suggestions, or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works, and distribute the Feedback to others in perpetuity without limitation, except for health information and personal information which might be included in the Feedback. Furthermore, Abbott shall be free to use any idea, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback, provided that, where required by law, we reach an agreement on our use and appropriate compensation with you prior to any such use. You shall not exercise moral rights such as right of paternity, right of publication, or right of integrity of the Feedback.
- Disclaimer of warranties; no reliance on the Content
10.1 You acknowledge and agree that:
a. Although we strive to provide on the Website/App the latest developments relating to our services under the a:care portfolio, and other information about Abbott, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Website/App. Each person assumes full responsibility and all risks arising from use of the Website/App.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT AND ITS THIRD-PARTY PROVIDERS AND LICENSORS PROVIDE THE WEBSITE/APP AND THE CONTENT (INCLUDING USER CONTENT) ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PROVIDE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT ARE NOT SET OUT IN THESE ONLINE TERMS OF USE ABOUT WHETHER THE WEBSITE/APP OR THE CONTENT IS ACCURATE, COMPLETE, UP-TO-DATE FOR ITS POSSIBLE USES, ERROR-FREE, PROVIDES UNINTERRUPTED ACCESSIBILITY OR USABILITY, INCLUDING IN RELATION TO ANY OF THE FUNCTIONS OR CONTENT CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT AND ITS THIRD-PARTY PROVIDERS AND LICENSORS FURTHER EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELIVERY, HIDDEN DEFECTS, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AVAILABILITY, TITLE, NON-INFRINGEMENT, AND/OR PERFORMANCE OF THE WEBSITE/APP OR CONTENT, OR ITS POSSIBLE USES, OR THAT THE WEBSITE/APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTOR DEVICE OR ITS OPERATING SYSTEM. ABBOTT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE/APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY ABBOTT OR THE WEBSITE/APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE/APP WILL BE UNINTERRUPTED OR ERROR-FREE AND NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER PRODUCTS, GOODS, OR SERVICES, OR THAT DEFECTS IN THE WEBSITE/APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OR CONTENT GIVEN BY ABBOTT OR AN ABBOTT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ACKNOWLEDGE AND WARRANT THAT YOU (OR YOUR LEGAL REPRESENTATIVE) HAVE GIVEN A VALID, VOLUNTARY, INFORMED, AND LEGALLY EFFECTIVE CONSENT IN YOUR JURISDICTION TO THE ACCEPTANCE OF THESE ONLINE TERMS OF USE AND THAT YOUR USE OF THE WEBSITE/APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT DOES NOT WARRANT THE SECURITY OR CONFIDENTIALITY OF ANY DATA STORED ON OR TRANSMITTED FROM THE WEBSITE/APP.
d. Abbott is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the Website/App, Abbott will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Website/App. Such information should, therefore, be considered as suspect and is not endorsed by Abbott.
e. The Website/App may contain forward-looking statements that reflect Abbott’s current expectation regarding future events and business development. The forward looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Abbott intends to update the Website/App on a regular basis but assumes no obligation to update any of the content. - PRIVACY AND SECURITY/LIMITATION OF LIABILITY
11.1 Abbott is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the Website/App. Our use of personally identifiable information is governed by our Cookies and Privacy Policy and by accessing and using the Website/App, you agree to be bound by that Cookies and Privacy Policy.
11.2 You recognize and agree that when submitting your personally identifiable information to the Website/App, while Abbott has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. ALL ACCESS AND USE OF THE CONTENT AND THE WEBSITE/APP IS AT YOUR OWN RISK. NEITHER ABBOTT, NOR ANY OTHER ABBOTT GROUP COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE/APP TO YOU SHALL BE LIABLE FOR ANY INTERCEPTIONS OR UNAUTHORIZED ACCESS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), OR PUNITIVE DAMAGES ARISING OUT OF ORIN SUFFERED BY A USER, EVEN IF ABBOTT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ABBOTT DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH USER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
11.3 Abbott’s liability will be limited to the maximum extent permitted by law. In such cases, Abbott will be liable for any culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations that must be fulfilled to permit proper execution of this agreement and Terms of Use and may regularly be relied upon by you. Abbott’s liability will otherwise be limited to gross negligence and WILLFUL misconduct. In the event of any liability on the part of Abbott due a slightly negligent breach of cardinal obligations or slight misconduct on the part of simple vicarious agents, Abbott’s liability will be limited to typically foreseeable damages. This will not affect any mandatory statutory liability.
11.4 Nothing in these Terms of Use affects or limits Abbott’s liability for death or personal injury arising from Abbott’s negligence, intentional or gross negligence, or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. For any death or personal injury losses and harm not waived by you, we will be responsible only for losses and harm which are a reasonably foreseeable consequence of our negligence, intentional or gross negligence, or misrepresentations. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions. If the laws in your country state that there is a guarantee in relation to our Website/App, and Abbott’s liability for failing to comply with that guarantee cannot be excluded but may be limited, Abbott’s liability for such failure is limited exclusively to repairing the App and you may discontinue using the App.
11.5 You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Website/App or these Online Terms of Use more than one (1) year after such claim or cause of action arose.
11.6 Some jurisdictions do not allow the exclusion or limitations of implied warranties, and therefore the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction and any statutory warranty rights remain unaffected by the provisions set out in this Section 11. - INDEMNITY
To the maximum extent permitted by applicable law, you will indemnify and hold Abbott, and its officers, directors, employees, representatives, agents, successors, and assigns (the “Abbott Parties”) harmless from and against any claims, costs, liabilities, damages, losses, and expenses of any sort, including, without limitation, reasonable legal and accounting fees, whether direct, indirect, special, consequential, or otherwise, whether arising in tort (including active, passive, or imputed negligence), contract, warranty, strict liability, reliance, or under any other theory, in each case arising out of or in any way connected to (a) your access, use, or misuse of the Website/App or Content (including User Content), or (b) your violation of these Online Terms of Use, including any personal injury, property damage, or death. Abbott will use reasonable efforts to notify you of any claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Abbott is unable to communicate with you in a timely manner because of an inactive email address for you, then your indemnification obligation will continue notwithstanding Abbott’s inability to contact you in a timely manner. Abbott will, at your expense, have sole control over any defense against any claim for which you are obligated to indemnify Abbott pursuant to this Section 12; provided, however, that you will at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.
- LINKS TO OTHER SITES FROM THIS PLATFORM; THIRD-PARTY MATERIALS
13.1 Because Abbott has no control over and does not endorse, adopt, approve of, or recommend any third-party, non-Abbott Website/Apps, or of any information, graphics, materials, products, or services referred to or contained in such non-Abbott Website/Apps to which the Content may be linked, you agree that your access to such other Website/Apps is at your own risk. Any links to these non-Abbott Website/Apps are provided for convenience only and may not remain current or be maintained. Unless otherwise stated in these Online Terms of Use, all ownership and intellectual property rights in and to Third-Party Materials and non-Abbott Website/Apps and the use of them is governed by separate third party terms between you and the third party. Abbott accepts no liability for anything associated with third-party Website/Apps, the content on any third-party Website/Apps, or a third party’s privacy practices.
13.2 By using the Website/App, you may encounter Content and data, information, applications, materials, and other content from third parties, including other users (collectively, “Third-Party Materials”) that may be offensive, indecent, or objectionable, and which may or may not be identified as having explicit language or other material. Abbott will not have any liability to you for any Content or Third-Party Materials that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. - GOVERNING LAW AND DISPUTE RESOLUTION; CONSEQUENCES
14.1 These Online Terms of Use shall be governed and construed in accordance with the laws of the State of Illinois, in the United States of America without regard to its conflict of laws principles. Any dispute, legal action or proceeding related to the Website/App shall be brought exclusively in the courts of the state of Illinois. You agree that these Online Terms of Use shall be fully performable in the State of Illinois, and you agree that jurisdiction and venue are proper in of the state and federal courts located in the State of Illinois, United States of America, with respect to any proceedings arising from these Online Terms of Use or the relationship between the parties hereto. The parties hereby agree that the United Nations Convention of Contracts for the International Sale of Goods does not govern these Online Terms of Use.
14.2 If a dispute arises between you and Abbott, our goal is to learn about and address your concerns as quickly as possible. If you have a potential concern, please contact us at webmaster@abbott.com. If we are unable to resolve a potential concern to your satisfaction then you and Abbott agree that any claims and disputes can be litigated only in Chicago, Illinois, United States of America and we each agree to personal jurisdiction of the courts located in Chicago, Illinois, United States of America.
14.3 If Abbott becomes aware that you have violated any provision of these Online Terms of Use, Abbott may immediately take corrective actions, including preventing you from using this platform, at any moment and without notice. If Abbott has been injured by your violation, Abbott may, in its sole discretion, seek to recover damages from you. - REVISIONS
15.1 Abbott may at any time update, modify, interrupt, or discontinue any or all of the functionality of the Website/App or the Content (including these Online Terms of Use) and make changes, corrections and/or improvements to the Website/App or the Content (including these Online Terms of Use), at any time without notice to you when we believe it is necessary or justified such as to take into account changes in the law, or changes to our business or services or the functionality of the Website/App. Abbott is not responsible for any costs, loss, or damage that you or any third party incur as the result of any modification, interruption, or discontinuance of any or all functionality of the Website/App or the Content.
15.2 Updates to these Online Terms of Use will apply to your use of the Website/App, and you should visit this page from time to time to review the current Online Terms of Use. By continuing to Use the Website/App after any such changes, you unconditionally and fully understand, agree, and accept to follow and be bound by the Online Terms of Use as changed. Abbott will provide users with notice of any material changes to these Online Terms of Use, and you will be bound by them unless you object within thirty (30) days from the date the notice is posted or sent to you. In the event of an objection, Abbott may terminate these Online Terms of Use and your a:care account upon four weeks’ notice. - DELETION OF YOUR A:CARE ACCOUNT
16.1 You may delete your account at any time. Your a:care account and all information stored in your a:care account will be deleted upon receipt and processing of your delete request, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests. Please be aware that it may take up to 72 hours to process your request.
16.2 If you Use the Website/App and its content in any way prohibited by these Online Terms of Use, Abbott shall be entitled to take all reasonable steps to protect the Website/App, which may include suspension of your access to the Website/App and termination of your a:care account.
16.3 Abbott may make any and all of your information collected through the Website/App anonymous and untraceable to you, and may therefore process and dispose of the data in any manner, including but not limited to any change, alteration, or transfer of the same. Such data will never be traceable back to you in any manner. Abbott has no responsibility for retaining/storing or backing up your a:care account.
16.4 You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you email, back up, take a screenshot of your account information or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no ability to manage the privacy or security of that information. You should take the steps that you determine are appropriate to protect the security of such information. Unless otherwise required by law, you agree that your a:care account is non-transferable and that any rights to have an a:care account or any data stored in the Website/App will terminate upon your death. Upon receipt of a copy of a death certificate users a:care account may be terminated and all data within deleted. Email webmaster@abbott.com for further information. - TERMINATION
17.1 You may terminate these Online Terms of Use immediately by discontinuing use of the Website/App and/or terminating your a:care account.
17.2 Abbott may suspend your access to the Website/App or terminate these Online Terms of Use at any time if: (i) you breach any material provision of these Online Terms of Use; (ii) Abbott elects at its discretion to cease providing access to the Website/App in the jurisdiction where you reside or from where you are attempting to access the Website/App; or (iii) in other circumstances and for other reasons determined by Abbott in its discretion.
17.3 Upon termination of your access to the Website/App, any and all data relating to your account may be irretrievably deleted by Abbott, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests. - SEVERABILITY
If any of the provisions, in whole or in part, of these Online Terms of Use are held to be not enforceable for any reason, including without limitation illegality and invalidity, by a court or other tribunal of competent jurisdiction, then such holding shall not affect the enforceability or any other part or provision of these Online Terms of Use and such provisions shall be reformed, limited, eliminated to the minimum extent necessary or interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law so that these Online Terms of Use shall be otherwise remain in full force and effect.
- WAIVER
Our failure to act with respect to a breach of these Online Terms of Use by you or others does not waive Abbott’s right to act with respect to similar or other breaches of these Online Terms of Use. - COOKIES
The Website/App intends to use cookies to improve the Website/App and your experience. By continuing to browse the Website/App you are agreeing to accept our use of cookies. If you require further information and/or do not wish to have cookies placed when using the Website/App, visit About Cookies page.
- ENTIRE AGREEMENT
These Online Terms of Use, together with the Privacy Policy, Cookies Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous communications, representations, understandings, agreements, or undertakings, either written or oral, regarding such subject matter. You acknowledge that no statements, representations, warranties, or covenants have been made to you or upon which you have relied that are not set forth in these Online Terms of Use. - CONTACT US / SUPPORT
Free technical support is available or general enquiries will be directed to the appropriate support teams by contacting us at webmaster@abbott.com . - NOTICE REGARDING APPLE
23.1 These Online Terms of Use are between you and Abbott only, not with Apple, and Apple is not responsible for the App or the Content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary of these Terms of Use. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Abbott provides a translation of the English language version of these Terms of Use, then the translation is provided solely for convenience, and the English version will prevail.
The Website/App is intended for a non-US audience only.
These Terms of Use were last updated on November 29th, 2019