1. You acknowledge and agree that:
a) The Content (as defined below) of the a:care Websites / Apps is offered by Abbott for informational purposes only.
b) If you are using a:care Websites / Apps designed for patients, you also acknowledge that the Content of a:care Websites / Apps is not intended to be and is not a replacement of a physician-patient relationship or medical advice with respect to diagnosis , treatments, procedures or practices. You must consult with your own healthcare providers and make your own medical decisions based on their advice and expertise. The medical adherence features and services offered in this a:care Websites / Apps should: (i) only be used after you and your healthcare provider have made a professional decision on the appropriate treatment for you; and (ii) not be relied upon alone by you to remember to take your medications or adhere to any aspect of the treatment prescribed by your healthcare provider.
c) If you are using a:care Websites/Apps designed for healthcare professional (“HCPs”), you also acknowledge that the a:care Websites/Apps designed for HCPs (such as the a:carepro and the Virtual Learning websites) are e-learning tools intended for use by licensed HCPs only, with the aim of enhancing skills and knowledge of those HCPs who access and use the page, by supporting the exchange and dissemination of scientific information through interactive medical and clinical educational content in the various e-learning activities. The Content and information available through a:care Websites/Apps should not be used as a basis for any diagnosis, monitoring, management, or treatment of any medical condition. The information provided in the a:care Websites/Apps is provided by Abbott for general information purposes only and does not provide complete medical information.
d) Although great care has been used to put together the Content of the a:care Websites / Apps, Abbott does not make any representation or warranty with respect to the accuracy, applicability, fitness, or completeness of the Content. Your use of any aspect of the Content of the a:care Websites / Apps is at your own risk. Abbott cannot and does not accept any responsibility or liability for the consequences of any feature or content not being complete or incorrect, nor for any medical decision made based upon the educational content contained in the page.
e) Abbott reserves the right to make additions, deletions, or modifications to the Content of the a:care Websites / Apps at any time without any prior notification.
f) 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. Your access to third-parties ‘websites which may have hyperlinks to or from the a:care Websites / Apps is subject to the terms and conditions of use of such third-parties’ websites.
2. You understand, acknowledge, and agree to the following:
a) By using the a:care Websites / Apps, you agree not to disrupt or intercept our electronic information posted on the a:care Websites / Apps or on any of our servers. You also agree not to attempt to circumvent any security features of our a:care Websites / Apps, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
3. Some a:care Websites / Apps require registration of an account and for this purpose you must enter some of your personal information, including your email address and password, to create your a:care account (“a:care Account”). You agree to provide accurate and complete information when you register with, and as you use, the a:care Websites / Apps, and you agree to keep your a:care Account information accurate, current, and complete. For such a:care Websites / Apps, you acknowledge and agree that they are designed and intended for use on an individual basis and you should not share your a:care Account and / or 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 unauthorized users or for any losses arising out of or in connection with the unauthorized use of your a:care Account where caused by you.
4. You may delete your a:care 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 Abbott will follow its policies and applicable laws to define the timelines for processing your deletion request.
5. When you use the a:care Websites / Apps, you are solely responsible for:
a) ensuring that you are using the latest available version of the a:care Websites / Apps;
b) ensuring that all operating systems and security software for the a:care Websites / Apps are the most up-to-date versions available;
c) any damage to your device, and any loss or corruption of information that you store in the device that results from the use of the a:care Websites / Apps or the interaction of the a:care Websites / Apps with other platforms 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 a:care Websites / Apps;
e) maintaining the physical security of your device; and
f) ensuring that you do not misuse the a:care Websites / Apps by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
6. When you use the a:care Websites / Apps, you are not permitted to:
a) reproduce, duplicate, copy, modify, edit, improve, decompile, disassemble, decode, modify, sell, resell, reverse engineer, change or exploit the a:care Websites / Apps, their Content, their software, or any portion of any of the foregoing in any way, nor otherwise interferes with their operation or create derivative works of the a:care Websites / Apps or parts thereof;
b) Use the a:care Websites / Apps for any commercial purpose or for any purpose in violation of local, state, national, or international laws;
c) attempt to disable or circumvent any security or other technological measure designed to protect the a:care Websites / Apps;
d) remove, obscure, or alter any copyright or other proprietary notations from the a:care Websites / Apps; or
a) The Apps or any feature or part thereof, may not be available in all languages or in all countries and Abbott makes no representation that the Apps or any feature or part thereof is appropriate or available for use in any particular location. To the extent that you choose to access and use the Apps, you do so on your own responsibility.
b) The Apps are made available to you by Abbott free of charge for use on your smartphone, or other mobile 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 Apps. 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 this manner.
d) At any time, you may delete your account, the profiles registered in your account or the App from your phone. You are solely responsible for retaining, maintaining, storing and backing up (electronically and / or with hard copies) any data that you wish to preserve.
e) Abbott may make any and all of your information collected through the Apps 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.
f) The Apps may contain gamification functionalities, which may, at Abbott’s sole discretion, allow you to earn points based on your participation in various activities such as participation in quizzes, surveys, daily tips, medical adherence activities as well as your general usage of the Apps. You can view and track your points balance and available on the App. The gamification functionality and resulting points are provided by Abbott solely to motivate and help you to monitor your health learning journey. The points are not redeemable into any benefits or prizes.
10. The information, documents, graphics, videos and any content published in the a:care Websites / Apps (the “Content”) are the sole property of Abbott, except for information provided by third party providers under contract with Abbott, its subsidiaries or affiliates. Permission to use the Content is granted, provided that (i) the appropriate copyright notice appears on all copies; (ii) use of the Content is for informational or personal use only and non-commercial; (iii) the Content is not modified in any way; and (iv) no graphics available from the a:care Websites / Apps are used separate from accompanying text. Abbott is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Abbott.
12. No use of any Abbott trademarks, trade names, trade dress and products in this a:care Websites / Apps may be made without the prior written authorization of Abbott, except to identify the product or services of the company.
PRIVACY AND SECURITY
14. You recognize and agree that when submitting your personally identifiable information to Abbott, while Abbott has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, ABBOTT SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, BUSINESS AND OPPORTUNITY) ARISING FROM SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, REGARDLESS OF WHETHER ABBOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ABBOTT DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE AND WARRANT ANY IMPLIEDLY FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
15. Abbott does not assume any liability for the materials, information, Content and opinions provided on, posted to, or otherwise available through, the a:care Websites / Apps. Reliance on these materials, information and opinions is solely at your own risk. Abbott disclaims any liability for injury or damages resulting from the use of the a:care Websites / Apps, or the Content contained thereon.
16. ABBOTT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE A:CARE WEBSITES/APPS. ABBOTT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, APPLICABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL ABBOTT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT, BUSINESS AND OPPORTUNITY) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE A:CARE WEBSITES/APPS AND/OR THE CONTENT POSTED ON THE A:CARE WEBSITES/APPS, REGARDLESS OF WHETHER ABBOTT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
17. THE A:CARE WEBSITES/APPS, THE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE A:CARE WEBSITES/APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL ABBOTT, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “ABBOTT PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE A:CARE WEBSITES/APPS, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE A:CARE WEBSITES/APPS OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOSS PROFITS BUSINESS AND OPPORTUNITY, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, LOSS OF DATA, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE A:CARE WEBSITES/APPS OR THE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ABBOTT AND WHETHER OR NOT ABBOTT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
18. Some jurisdictions do not allow limitations of liability, so this provision may not apply to you entirely.