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Terms of use
Last Updated: March 2026
Please read these Terms of Use (these “Terms”) carefully.
1. Parties; Scope and Acceptance of the Agreement
Parties
This agreement is between you (a “user”) and Johnson & Johnson Services, Inc. (“Company” or “we” or “us” or “our”) concerning your use of the jnj.com site located at https://www.jnj.com (the “Site”) and/or the mobile software application in connection with which you are accessing this agreement (the “App”) (collectively, or each individually, the “Services”).
Scope
Your agreement with us includes these Terms of Use and any additional terms that are incorporated herein by reference (collectively, this “Agreement”). We recommend that you keep a copy of this Agreement for future reference. We retain the right to make changes, as outlined in Section 2, below.
Use of the Services may include the processing of your personal information. If you would like more information about our processing of your data, please read our Privacy Notice.
If you are not willing to accept the terms and conditions in this Agreement, please do not access or use the Services, post or submit any materials on the Services, or order any items from the Services.
EXCEPT FOR USERS WHERE MANDATORY ARBITRATION AND A CLASS ACTION WAIVER IS NOT PERMITTED, USERS ACKNOWLEDGE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST THE COMPANY, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS.
The Services are intended for and directed to residents of the United States. You affirm that you are of legal age to enter into this Agreement. The Services are not intended for use by persons under the age of 18. If you are under 18 years old, you may not use the Services or provide the Company with any personal information.
IF YOU ARE USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ORGANIZATION WITH WHICH YOU ARE ASSOCIATED, THEN YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH YOU AND ANY SUCH ORGANIZATION.
Acceptance of the Agreement
By using the Services (as defined below), you confirm your acceptance to this Agreement.
2. Our Right to Make Changes.
2.1. Changes to this Agreement:
We may change this Agreement from time to time in our sole discretion by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.
Your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
2.2. Changes to the Services:
To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Services); change, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We may change the content on the Services from time to time, but the content may not necessarily be complete or up to date.
3. Information Disclaimer
THE INFORMATION INCLUDING ANY ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SERVICES IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, PLEASE CALL YOUR DOCTOR, 911 OR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES. YOUR USE OF THE SERVICES AND ANY INFORMATION CONTAINED IN OR PRODUCED BY THE SERVICES IS AT YOUR OWN RISK.
WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, OR OTHER MATERIAL PROVIDED AS PART OF THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SERVICES TO BE ACCURATE, COMPLETE, AND UP TO DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED AS PART OF THE SERVICES.
4. Ownership; Your Right to Use the Services.
The Company or its licensors own all right, title, and interest in and to the patent, copyright, trademark, trade secret, know-how, or other intellectual property rights that may exist in the Services and/or any photographs, graphics, text, icons, sound files, other files, buttons, software, data, documentation, techniques, and information included in the Services and the selection and arrangement thereof (the “Services Content”). Company grants you a limited, non-exclusive, non-transferable, revocable right to make personal, non-commercial use of the Services and the Services Content, provided that you comply fully with this Agreement. All rights not expressly granted herein are reserved to us and our licensors. Subject to your compliance with, and solely for the duration of, this Agreement: (a) you may view one copy of the Services solely for your personal, non-commercial use; and (b) if you are using the App, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely for your personal, non-commercial use. The App is licensed (not sold) to you. If you fail to comply with this Agreement, you must immediately cease using the Services and delete the App from your device. You are responsible for keeping your device secure and protecting it appropriately.
5. Trademarks.
The Company name and all other names, logos, product and services names, designs, and slogans are trademarks of the Company, our affiliates or licensors (the “Marks”). You may not use the Marks without our prior written consent, including in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained in the Services should be construed as granting any right to use any Marks without the express prior written consent of the owner.
6. Privacy.
Your submission of personal information through the Services is governed by our Privacy Notice including our Cookie Policy, located at https://www.jnj.com/cookie-policy.
7. Geographic Restrictions.
Company is based in the United States. We provide these Services only for use by persons located in the United States. The Services may not be appropriate or available for use in other jurisdictions. If you do not reside in the United States, any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in using the Services. We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose, in our sole discretion.
8. Prohibited Uses.
You may use the Services only for lawful purposes and in accordance with this Agreement. You must not:
9. User Content and Conduct.
The following terms apply to content submitted by users on the Services and conduct of users participating in interactive forums on the Services.
9.1 Interactive Services; User Content. Company may make available to users of the Services newsletters, forums, message boards, bulletin board services, customer review services, or other interactive communication facilities or content by means of the Services (collectively referred to herein as the “Interactive Services”) in which users may post or upload user-generated content, including, but not limited to, comments, photos, messages, or other materials (collectively, “User Content”).
9.2 Feedback. In addition, if you submit any ideas, proposals or suggestions through the Services (“Feedback”), we will deem such Feedback to be User Content. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback.
9.3 License to User Content. By submitting User Content to any of the Services, you automatically grant Company the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such content (in whole or in part) worldwide in any form, media, or technology for the full term of any copyright that may exist in such content, without payment to you or to any third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, wherever permitted under applicable laws, you forever waive and agree to not claim or assert any entitlement to any and all moral rights of an author in any of the User Content.
We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to us any ideas, suggestions or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of User Content. When you submit User Content, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Services and on any affiliate or successor site or social media channels owned or operated by us or our affiliates subject to applicable requirements under data privacy laws and our Privacy Notice. If we make use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how we use them.
You represent and warrant to Company that you have the full legal right and authority to grant to Company the license provided for herein, that you own or control the complete rights to the User Content you submitted, and that neither the User Content nor the exercise of the rights granted herein shall violate this Agreement or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.
9.4 Prohibited Materials and Activities. By submitting any User Content or participating in an interactive area within or in connection with the Services, you agree to abide by the following rules of conduct:
9.5 Monitoring. User Content posted or uploaded to the Services is not controlled by Company. Although Company has no obligation and does not intend to monitor, screen, or edit any of the User Content posted or uploaded to the Services, Company reserves the right, and has absolute discretion, to screen, edit, and refuse to post, or remove without notice any User Content posted or uploaded to the Services at any time and for any reason. The decision by Company to remove User Content does not constitute and shall not be deemed to constitute any responsibility or liability in any manner on the part of Company in connection with or arising from use by you of the Interactive Services on the Services. We may disclose information regarding your access to and use of the Services, the circumstances surrounding the transmission of User Content, and personal information regarding users who make User Content available, in each case in accordance with applicable law or a request by a court or law enforcement or other governmental authority, or otherwise in accordance with our Privacy Notice.
9.6 User Content Is Not Endorsed or Verified by Company. Company does not necessarily endorse, support, sanction, verify, or agree with the comments, opinions, or statements posted in Interactive Services or otherwise contained in the Services. Any information or materials placed on the Interactive Services or the Services, including advice and opinions, are the views of those who post the statements, and do not necessarily represent the views of Company. Moreover, Company assumes no responsibility for the accuracy, reliability, appropriateness, or legality of any material posted. You understand and agree that you will evaluate, and bear all risks associated with, the use of any content posted by other users, including any reliance on the accuracy, completeness, or usefulness of such content.
9.7 Public Communications. You acknowledge and agree that any User Content made to or by means of any portion of the Services are public. You acknowledge and agree that: you have no expectation of privacy in any public communication; and no confidential, fiduciary, contractually implied or other relationship is created between you and Company by reason of your transmitting a public communication to any area of the Services.
10. Electronic Communications.
The information communicated as part of the Services may constitute an electronic communication. When you communicate with us through the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate with you electronically, subject to local privacy and Anti-Spam laws. You are solely responsible for obtaining any connectivity services or equipment necessary to access the Services, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Services. You agree that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
11. Links to Third Party Websites and Services.
For your convenience, the Services may contain links to the websites, applications, or services of third parties from which you may be able to obtain information or use services. For example, we may provide links to social media sites. Except as otherwise noted, such third-party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites, applications, or services. We have no control over, and assume no responsibility for, the content, privacy policies, security, or practices of any third-party websites, applications, or services. In addition, we cannot censor or edit the content of any third-party site or application. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, applications, sources or servers. Any linking to or from any such off-site pages or other websites or applications by you is at your own risk. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our services, and to read the agreements and privacy policy of each website or application that you visit.
12. Additional Terms.
Additional terms may govern certain features or content of the Services, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity as part of the Services governed by additional terms, such as a prize draw, competition, contest or sweepstakes with Official Rules, you agree that you will be subject to those additional terms and such additional terms shall be incorporated into this Agreement by reference.
13. Disclaimer of Warranties.
To the fullest extent permitted under applicable law, the Services are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties or conditions of any kind, whether express, implied or statutory.
We disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.
Neither the Company nor anyone associated with the Company represents or warrants that the Services, the content of the Services, or any products or services obtained through Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the server that makes the Services available are free of viruses or other harmful components, or that the Services or any services or items obtained through the Services will otherwise meet your needs or expectations.
To the fullest extent permissible under applicable law, any information, products, or materials made available by a third party through the Services (collectively “Third Party Materials”) are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express or implied. We disclaim all warranties with respect to Third Party Materials.
Without limiting the generality of the foregoing, to the fullest extent permissible under applicable law, we make no representation or warranty that the Services will be secure, that any user name, password or other security measure that you may use or allow others to use in connection with the Services will prevent unauthorized access to your Services account or related information, or that your Services account or related information will not be accessed or misused by any third party.
All disclaimers of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, stockholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the “Company Parties”).
While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, please use the link at Contact Us domaincentral@its.jnj.com.
14. Limitation of Liability.
Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any mandatory statutory consumer rights under applicable law.
With respect to any conditions, warranties or guarantees that cannot be excluded under applicable statutes, to the extent permitted by applicable law, our liability is limited (at our option) to the resupply or refund of the cost of the relevant portion of the Services.
To the fullest extent permitted under applicable law: in no event will any Company Party (a) be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind or for any loss of revenue, loss of profits, loss of business or opportunity, loss of use, or loss of data, in each case arising out of or in connection with the Services or this Agreement, and under any contract, tort (including negligence), strict liability or other theory (collectively, “Indirect Losses”).
without limiting the foregoing, we will not be liable for Indirect Losses of any kind resulting from your use of or inability to use the Services or from any Products or Third-Party Materials, including from any Virus that may be transmitted in connection therewith.
Our maximum aggregate liability for all damages, losses and causes of action arising out of or in connection with the Services or this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (a) the total amount, if any, paid by you to us to use the Services; and (b) One Hundred United States dollars ($100).
the Company Parties do not exclude or limit in any way our liability to you where it would be unlawful to do so. this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for gross negligence or willful behavior, or for fraud or fraudulent misrepresentation.
All limitations of liability of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made for the benefit of all Company Parties.
You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by you to exist. Nonetheless, if you are a resident of California, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
15. Indemnification of Third Party Claims.
If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right, then, to the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) incurred by the Company Parties.
16. Termination.
You may stop using the Services, and thereby terminate this Agreement, at any time. We may terminate or suspend your use of the Services if you do not comply with this Agreement, engage in any fraud or abuse, or if you or anyone using your account makes any misrepresentation to us. Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of termination or suspension, provided that if we reasonably believe that you have materially breached this Agreement, we may immediately terminate or suspend you. Upon any termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without obligation to provide further access to such materials. Your obligations under this Agreement shall survive any expiration or termination of this Agreement.
17. Governing Law.
To the extent permitted by applicable law and subject to any mandatory provisions of your local jurisdiction, this Agreement is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location.
18. Arbitration Agreement and Residual Jurisdiction.
18.1 Mandatory Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to this Agreement, the Privacy Policy, and/or any of our offerings, products, Services, content or software will be resolved by binding arbitration, rather than in court, except that you or we (i) may assert claims in small claims court if your or our claims qualify, and (ii) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. In such cases -i.e., items (i) and (ii), above - You and the Company agree to the jurisdiction of a state or federal court in the State of New York to resolve the disputes. For all the other cases, the Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). Any court of competent jurisdiction shall enforce this clause and enter judgment on any award resulting from any arbitration. At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter identifying yourself, your legal claims, the requested relief and requesting arbitration to Johnson & Johnson, One Johnson & Johnson Plaza, New Brunswick, NJ 08933 USA, Attention: Office of General Counsel, by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, except where those rules conflict with this section of this Agreement, in which case this section controls. You and we also agree to delegate the issue of arbitrability to an arbitrator. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected within twenty business days from commencement of the arbitration from the AAA’s National Roster of Arbitrators pursuant to agreement or through selection procedures administered by the AAA. Within 45 days of initiation of arbitration, the parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than eight months from selection of the arbitrator or, failing agreement, procedures meeting such time limits will be designed by the AAA and adhered to be the parties. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except the filing fees will be paid by the filing party. However, Company may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in New York, NY or at another mutually agreed location. The arbitrator shall apply the substantive law of New York, except that federal arbitration law shall apply to the interpretation and enforcement of this arbitration provision. THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES OR COSTS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF THIS AGREEMENT.
18.2 Voluntary Arbitration for EU and UK Users. For users located within the European Union or the United Kingdom, in the event of any dispute, controversy, or claim between us arising out of or relating in any way to this Agreement, the Privacy Policy, and/or any of our offerings, products, Services, content, software (a “Dispute”), you must send an individualized letter identifying yourself, your legal claims, and the requested relief to Johnson & Johnson, One Johnson & Johnson Plaza, New Brunswick, NJ 08933 USA, Attention: Office of General Counsel, by certified mail, Federal Express, UPS, or USPS express mail (signature required) at least thirty (30) days prior to commencing any legal proceedings. We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Following Company’s receipt of such notice, you and the Company agree to negotiate in good faith an agreement to have such Dispute resolved by binding arbitration prior to the filing of any claim in court. Such negotiation period will last for twenty (20) days, unless the parties agree in writing to extend that period. Any period of limitations that would otherwise expire between the initiation of such negotiation period and its conclusion shall be extended until twenty (20) days after the conclusion of such period. If you and the Company are unable to agree to have the Dispute resolved by binding arbitration, you or the Company may initiate a legal proceeding in any court of competent jurisdiction in the country where you reside. EACH PARTY HERETO WAIVES: (1) ANY RIGHT TO TRIAL OF ANY ISSUE BY JURY; (2) ANY CLAIM FOR PUNITIVE, EXEMPLARY, MULTIPLIED, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR LOST REVENUES DAMAGES; AND (3) ANY CLAIM FOR ATTORNEY FEES, COSTS AND PREJUDGMENT INTEREST. THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
18.3 Jury Waiver and Limitation of Liability. NOTWITHSTANDING ANYTHING THE CONTRARY, IN ALL SITUATIONS, AND FOR THE AVOIDANCE OF DOUBT, (A) THE PARTIES WAIVE ANY RIGHT TO TRIAL ANY ISSUE BY JURY, AND ANY CLAIM FOR PUNITIVE, EXEMPLARY, MULTIPLIED, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR LOST REVENUE DAMAGES AND ANY CLAIM FOR ATTORNEYS’ FEES, COSTS AND PREJUDGMENT INTEREST; AND (B) IN THE CASE OF ARBITRATION, THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES OR COSTS.
19. Class Action Waiver. For users outside the European Union and the United Kingdom, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.
20. Enforceability. If the arbitration agreement, set forth in Section 18 above, is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any claim in court arising out of or related to this Agreement.
21. Parental Controls.
Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to or inappropriate for minors. Information identifying current providers of such protections (which we do not endorse) is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
22. Copyright Infringement Claims.
If you believe in good faith that materials available on the Services infringe your copyright, you may request that we remove such material or block access to it. To enable us to evaluate this claim, please (a) identify the copyrighted work(s) alleged to have been infringed and the copyright owner; (b) specify the material alleged to have infringed the copyrighted work(s) and its location on the Services; and (c) provide your name, address, telephone number, and email address.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a written counter-notice. Notices and counter-notices must be sent via email to: tmlaw@its.jnj.com and must meet the then-current statutory requirements imposed by the DMCA (see https://www.copyright.gov/ for details). In the United States, in addition to contacting us by email, the Company’s Agent for complaints related to the Digital Millennium Copyright Act (“DMCA”) can be reached in writing at the following address:
Trademark & Copyright Department
Johnson & Johnson
One Johnson & Johnson Plaza
New Brunswick, NJ 08933
This address may also be used to contact us about copyright infringement claims in jurisdictions outside of the United States, or you may contact us via email at: tmlaw@its.jnj.com.
23. Export Controls.
The Services are subject to U.S. and European Union export controls restrictions. We will not knowingly make the Services available to you if you are, and you hereby represent and warrant that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. or EU government embargo or trade sanction (currently Cuba, Iran, Sudan, Syria, and the Crimea region of Ukraine) (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. or EU government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
24. Forward-Looking Statements.
Statements appearing on the Services that concern us, our affiliates or our and their management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations, markets, products, services and prices. These factors and risks are described in our current annual report filed with the SEC and in other filings we make with the SEC. You can access our most recent SEC filings via the SEC EDGAR system located at www.sec.gov, or you may obtain these filings directly from us at no charge. We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Services.
25. Other Important Terms.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is between you and us. Except as expressly set forth in this Agreement, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein by reference, is the entire agreement between you and us relating to the subject matter of this Agreement, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Please read these Terms of Use (these “Terms”) carefully.
1. Parties; Scope and Acceptance of the Agreement
Parties
This agreement is between you (a “user”) and Johnson & Johnson Services, Inc. (“Company” or “we” or “us” or “our”) concerning your use of the jnj.com site located at https://www.jnj.com (the “Site”) and/or the mobile software application in connection with which you are accessing this agreement (the “App”) (collectively, or each individually, the “Services”).
Scope
Your agreement with us includes these Terms of Use and any additional terms that are incorporated herein by reference (collectively, this “Agreement”). We recommend that you keep a copy of this Agreement for future reference. We retain the right to make changes, as outlined in Section 2, below.
Use of the Services may include the processing of your personal information. If you would like more information about our processing of your data, please read our Privacy Notice.
If you are not willing to accept the terms and conditions in this Agreement, please do not access or use the Services, post or submit any materials on the Services, or order any items from the Services.
EXCEPT FOR USERS WHERE MANDATORY ARBITRATION AND A CLASS ACTION WAIVER IS NOT PERMITTED, USERS ACKNOWLEDGE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST THE COMPANY, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS.
The Services are intended for and directed to residents of the United States. You affirm that you are of legal age to enter into this Agreement. The Services are not intended for use by persons under the age of 18. If you are under 18 years old, you may not use the Services or provide the Company with any personal information.
IF YOU ARE USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ORGANIZATION WITH WHICH YOU ARE ASSOCIATED, THEN YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH YOU AND ANY SUCH ORGANIZATION.
Acceptance of the Agreement
By using the Services (as defined below), you confirm your acceptance to this Agreement.
2. Our Right to Make Changes.
2.1. Changes to this Agreement:
We may change this Agreement from time to time in our sole discretion by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.
Your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
2.2. Changes to the Services:
To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Services); change, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We may change the content on the Services from time to time, but the content may not necessarily be complete or up to date.
3. Information Disclaimer
THE INFORMATION INCLUDING ANY ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SERVICES IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, PLEASE CALL YOUR DOCTOR, 911 OR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES. YOUR USE OF THE SERVICES AND ANY INFORMATION CONTAINED IN OR PRODUCED BY THE SERVICES IS AT YOUR OWN RISK.
WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, OR OTHER MATERIAL PROVIDED AS PART OF THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SERVICES TO BE ACCURATE, COMPLETE, AND UP TO DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED AS PART OF THE SERVICES.
4. Ownership; Your Right to Use the Services.
The Company or its licensors own all right, title, and interest in and to the patent, copyright, trademark, trade secret, know-how, or other intellectual property rights that may exist in the Services and/or any photographs, graphics, text, icons, sound files, other files, buttons, software, data, documentation, techniques, and information included in the Services and the selection and arrangement thereof (the “Services Content”). Company grants you a limited, non-exclusive, non-transferable, revocable right to make personal, non-commercial use of the Services and the Services Content, provided that you comply fully with this Agreement. All rights not expressly granted herein are reserved to us and our licensors. Subject to your compliance with, and solely for the duration of, this Agreement: (a) you may view one copy of the Services solely for your personal, non-commercial use; and (b) if you are using the App, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely for your personal, non-commercial use. The App is licensed (not sold) to you. If you fail to comply with this Agreement, you must immediately cease using the Services and delete the App from your device. You are responsible for keeping your device secure and protecting it appropriately.
5. Trademarks.
The Company name and all other names, logos, product and services names, designs, and slogans are trademarks of the Company, our affiliates or licensors (the “Marks”). You may not use the Marks without our prior written consent, including in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained in the Services should be construed as granting any right to use any Marks without the express prior written consent of the owner.
6. Privacy.
Your submission of personal information through the Services is governed by our Privacy Notice including our Cookie Policy, located at https://www.jnj.com/cookie-policy.
7. Geographic Restrictions.
Company is based in the United States. We provide these Services only for use by persons located in the United States. The Services may not be appropriate or available for use in other jurisdictions. If you do not reside in the United States, any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in using the Services. We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose, in our sole discretion.
8. Prohibited Uses.
You may use the Services only for lawful purposes and in accordance with this Agreement. You must not:
- Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Introduce, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Access data not intended for you or log onto a server or an account which you are not authorized to access.
- Impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
- Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization from Company.
- Access or use the Services or any portion thereof without authorization from the Company.
- Use the Services for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
- Use the Services for any purpose that is fraudulent or otherwise unlawful.
- Collect information about users of the Services in any way, including through reverse engineering.
- Interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.
- Restrict or inhibit any other person from using the Services.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized under this Agreement, without our express prior written consent.
- Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Services.
- Incorporate any portion of the Services into any product or service, without our express prior written consent.
- Systematically download and store Services content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Services, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
- Use any manual process to monitor or copy any of the materials on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services.
9. User Content and Conduct.
The following terms apply to content submitted by users on the Services and conduct of users participating in interactive forums on the Services.
9.1 Interactive Services; User Content. Company may make available to users of the Services newsletters, forums, message boards, bulletin board services, customer review services, or other interactive communication facilities or content by means of the Services (collectively referred to herein as the “Interactive Services”) in which users may post or upload user-generated content, including, but not limited to, comments, photos, messages, or other materials (collectively, “User Content”).
9.2 Feedback. In addition, if you submit any ideas, proposals or suggestions through the Services (“Feedback”), we will deem such Feedback to be User Content. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback.
9.3 License to User Content. By submitting User Content to any of the Services, you automatically grant Company the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such content (in whole or in part) worldwide in any form, media, or technology for the full term of any copyright that may exist in such content, without payment to you or to any third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, wherever permitted under applicable laws, you forever waive and agree to not claim or assert any entitlement to any and all moral rights of an author in any of the User Content.
We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to us any ideas, suggestions or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of User Content. When you submit User Content, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Services and on any affiliate or successor site or social media channels owned or operated by us or our affiliates subject to applicable requirements under data privacy laws and our Privacy Notice. If we make use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how we use them.
You represent and warrant to Company that you have the full legal right and authority to grant to Company the license provided for herein, that you own or control the complete rights to the User Content you submitted, and that neither the User Content nor the exercise of the rights granted herein shall violate this Agreement or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.
9.4 Prohibited Materials and Activities. By submitting any User Content or participating in an interactive area within or in connection with the Services, you agree to abide by the following rules of conduct:
- You agree to not upload, post, or otherwise transmit any User Content that:
- Is obscene, indecent, harassing, threatening, pornographic, profane, sexually explicit, libelous, abusive, bigoted, or hateful.
- Constitutes SPAM or unauthorized advertising.
- Invades anyone’s privacy.
- Encourages conduct that would constitute a criminal offense.
- Otherwise violates any local, state, national, or international law, rule, or regulation.
- Is for commercial purposes or otherwise advertises or solicits for the sale of goods or services.
- Constitutes or contains false or misleading indications of origin or statements of fact.
- Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party.
- Causes injury of any kind to any person or entity.
- Infringes or violates the intellectual property rights, contract rights, or any other rights of any third party.
- Contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
9.5 Monitoring. User Content posted or uploaded to the Services is not controlled by Company. Although Company has no obligation and does not intend to monitor, screen, or edit any of the User Content posted or uploaded to the Services, Company reserves the right, and has absolute discretion, to screen, edit, and refuse to post, or remove without notice any User Content posted or uploaded to the Services at any time and for any reason. The decision by Company to remove User Content does not constitute and shall not be deemed to constitute any responsibility or liability in any manner on the part of Company in connection with or arising from use by you of the Interactive Services on the Services. We may disclose information regarding your access to and use of the Services, the circumstances surrounding the transmission of User Content, and personal information regarding users who make User Content available, in each case in accordance with applicable law or a request by a court or law enforcement or other governmental authority, or otherwise in accordance with our Privacy Notice.
9.6 User Content Is Not Endorsed or Verified by Company. Company does not necessarily endorse, support, sanction, verify, or agree with the comments, opinions, or statements posted in Interactive Services or otherwise contained in the Services. Any information or materials placed on the Interactive Services or the Services, including advice and opinions, are the views of those who post the statements, and do not necessarily represent the views of Company. Moreover, Company assumes no responsibility for the accuracy, reliability, appropriateness, or legality of any material posted. You understand and agree that you will evaluate, and bear all risks associated with, the use of any content posted by other users, including any reliance on the accuracy, completeness, or usefulness of such content.
9.7 Public Communications. You acknowledge and agree that any User Content made to or by means of any portion of the Services are public. You acknowledge and agree that: you have no expectation of privacy in any public communication; and no confidential, fiduciary, contractually implied or other relationship is created between you and Company by reason of your transmitting a public communication to any area of the Services.
10. Electronic Communications.
The information communicated as part of the Services may constitute an electronic communication. When you communicate with us through the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate with you electronically, subject to local privacy and Anti-Spam laws. You are solely responsible for obtaining any connectivity services or equipment necessary to access the Services, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Services. You agree that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
11. Links to Third Party Websites and Services.
For your convenience, the Services may contain links to the websites, applications, or services of third parties from which you may be able to obtain information or use services. For example, we may provide links to social media sites. Except as otherwise noted, such third-party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites, applications, or services. We have no control over, and assume no responsibility for, the content, privacy policies, security, or practices of any third-party websites, applications, or services. In addition, we cannot censor or edit the content of any third-party site or application. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, applications, sources or servers. Any linking to or from any such off-site pages or other websites or applications by you is at your own risk. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our services, and to read the agreements and privacy policy of each website or application that you visit.
12. Additional Terms.
Additional terms may govern certain features or content of the Services, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity as part of the Services governed by additional terms, such as a prize draw, competition, contest or sweepstakes with Official Rules, you agree that you will be subject to those additional terms and such additional terms shall be incorporated into this Agreement by reference.
13. Disclaimer of Warranties.
To the fullest extent permitted under applicable law, the Services are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties or conditions of any kind, whether express, implied or statutory.
We disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.
Neither the Company nor anyone associated with the Company represents or warrants that the Services, the content of the Services, or any products or services obtained through Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the server that makes the Services available are free of viruses or other harmful components, or that the Services or any services or items obtained through the Services will otherwise meet your needs or expectations.
To the fullest extent permissible under applicable law, any information, products, or materials made available by a third party through the Services (collectively “Third Party Materials”) are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express or implied. We disclaim all warranties with respect to Third Party Materials.
Without limiting the generality of the foregoing, to the fullest extent permissible under applicable law, we make no representation or warranty that the Services will be secure, that any user name, password or other security measure that you may use or allow others to use in connection with the Services will prevent unauthorized access to your Services account or related information, or that your Services account or related information will not be accessed or misused by any third party.
All disclaimers of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, stockholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the “Company Parties”).
While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, please use the link at Contact Us domaincentral@its.jnj.com.
14. Limitation of Liability.
Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any mandatory statutory consumer rights under applicable law.
With respect to any conditions, warranties or guarantees that cannot be excluded under applicable statutes, to the extent permitted by applicable law, our liability is limited (at our option) to the resupply or refund of the cost of the relevant portion of the Services.
To the fullest extent permitted under applicable law: in no event will any Company Party (a) be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind or for any loss of revenue, loss of profits, loss of business or opportunity, loss of use, or loss of data, in each case arising out of or in connection with the Services or this Agreement, and under any contract, tort (including negligence), strict liability or other theory (collectively, “Indirect Losses”).
without limiting the foregoing, we will not be liable for Indirect Losses of any kind resulting from your use of or inability to use the Services or from any Products or Third-Party Materials, including from any Virus that may be transmitted in connection therewith.
Our maximum aggregate liability for all damages, losses and causes of action arising out of or in connection with the Services or this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (a) the total amount, if any, paid by you to us to use the Services; and (b) One Hundred United States dollars ($100).
the Company Parties do not exclude or limit in any way our liability to you where it would be unlawful to do so. this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for gross negligence or willful behavior, or for fraud or fraudulent misrepresentation.
All limitations of liability of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made for the benefit of all Company Parties.
You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by you to exist. Nonetheless, if you are a resident of California, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
15. Indemnification of Third Party Claims.
If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right, then, to the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) incurred by the Company Parties.
16. Termination.
You may stop using the Services, and thereby terminate this Agreement, at any time. We may terminate or suspend your use of the Services if you do not comply with this Agreement, engage in any fraud or abuse, or if you or anyone using your account makes any misrepresentation to us. Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of termination or suspension, provided that if we reasonably believe that you have materially breached this Agreement, we may immediately terminate or suspend you. Upon any termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without obligation to provide further access to such materials. Your obligations under this Agreement shall survive any expiration or termination of this Agreement.
17. Governing Law.
To the extent permitted by applicable law and subject to any mandatory provisions of your local jurisdiction, this Agreement is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location.
18. Arbitration Agreement and Residual Jurisdiction.
18.1 Mandatory Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to this Agreement, the Privacy Policy, and/or any of our offerings, products, Services, content or software will be resolved by binding arbitration, rather than in court, except that you or we (i) may assert claims in small claims court if your or our claims qualify, and (ii) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. In such cases -i.e., items (i) and (ii), above - You and the Company agree to the jurisdiction of a state or federal court in the State of New York to resolve the disputes. For all the other cases, the Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). Any court of competent jurisdiction shall enforce this clause and enter judgment on any award resulting from any arbitration. At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter identifying yourself, your legal claims, the requested relief and requesting arbitration to Johnson & Johnson, One Johnson & Johnson Plaza, New Brunswick, NJ 08933 USA, Attention: Office of General Counsel, by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, except where those rules conflict with this section of this Agreement, in which case this section controls. You and we also agree to delegate the issue of arbitrability to an arbitrator. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected within twenty business days from commencement of the arbitration from the AAA’s National Roster of Arbitrators pursuant to agreement or through selection procedures administered by the AAA. Within 45 days of initiation of arbitration, the parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than eight months from selection of the arbitrator or, failing agreement, procedures meeting such time limits will be designed by the AAA and adhered to be the parties. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except the filing fees will be paid by the filing party. However, Company may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in New York, NY or at another mutually agreed location. The arbitrator shall apply the substantive law of New York, except that federal arbitration law shall apply to the interpretation and enforcement of this arbitration provision. THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES OR COSTS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF THIS AGREEMENT.
18.2 Voluntary Arbitration for EU and UK Users. For users located within the European Union or the United Kingdom, in the event of any dispute, controversy, or claim between us arising out of or relating in any way to this Agreement, the Privacy Policy, and/or any of our offerings, products, Services, content, software (a “Dispute”), you must send an individualized letter identifying yourself, your legal claims, and the requested relief to Johnson & Johnson, One Johnson & Johnson Plaza, New Brunswick, NJ 08933 USA, Attention: Office of General Counsel, by certified mail, Federal Express, UPS, or USPS express mail (signature required) at least thirty (30) days prior to commencing any legal proceedings. We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Following Company’s receipt of such notice, you and the Company agree to negotiate in good faith an agreement to have such Dispute resolved by binding arbitration prior to the filing of any claim in court. Such negotiation period will last for twenty (20) days, unless the parties agree in writing to extend that period. Any period of limitations that would otherwise expire between the initiation of such negotiation period and its conclusion shall be extended until twenty (20) days after the conclusion of such period. If you and the Company are unable to agree to have the Dispute resolved by binding arbitration, you or the Company may initiate a legal proceeding in any court of competent jurisdiction in the country where you reside. EACH PARTY HERETO WAIVES: (1) ANY RIGHT TO TRIAL OF ANY ISSUE BY JURY; (2) ANY CLAIM FOR PUNITIVE, EXEMPLARY, MULTIPLIED, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR LOST REVENUES DAMAGES; AND (3) ANY CLAIM FOR ATTORNEY FEES, COSTS AND PREJUDGMENT INTEREST. THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
18.3 Jury Waiver and Limitation of Liability. NOTWITHSTANDING ANYTHING THE CONTRARY, IN ALL SITUATIONS, AND FOR THE AVOIDANCE OF DOUBT, (A) THE PARTIES WAIVE ANY RIGHT TO TRIAL ANY ISSUE BY JURY, AND ANY CLAIM FOR PUNITIVE, EXEMPLARY, MULTIPLIED, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR LOST REVENUE DAMAGES AND ANY CLAIM FOR ATTORNEYS’ FEES, COSTS AND PREJUDGMENT INTEREST; AND (B) IN THE CASE OF ARBITRATION, THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES OR COSTS.
19. Class Action Waiver. For users outside the European Union and the United Kingdom, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.
20. Enforceability. If the arbitration agreement, set forth in Section 18 above, is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any claim in court arising out of or related to this Agreement.
21. Parental Controls.
Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to or inappropriate for minors. Information identifying current providers of such protections (which we do not endorse) is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
22. Copyright Infringement Claims.
If you believe in good faith that materials available on the Services infringe your copyright, you may request that we remove such material or block access to it. To enable us to evaluate this claim, please (a) identify the copyrighted work(s) alleged to have been infringed and the copyright owner; (b) specify the material alleged to have infringed the copyrighted work(s) and its location on the Services; and (c) provide your name, address, telephone number, and email address.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a written counter-notice. Notices and counter-notices must be sent via email to: tmlaw@its.jnj.com and must meet the then-current statutory requirements imposed by the DMCA (see https://www.copyright.gov/ for details). In the United States, in addition to contacting us by email, the Company’s Agent for complaints related to the Digital Millennium Copyright Act (“DMCA”) can be reached in writing at the following address:
Trademark & Copyright Department
Johnson & Johnson
One Johnson & Johnson Plaza
New Brunswick, NJ 08933
This address may also be used to contact us about copyright infringement claims in jurisdictions outside of the United States, or you may contact us via email at: tmlaw@its.jnj.com.
23. Export Controls.
The Services are subject to U.S. and European Union export controls restrictions. We will not knowingly make the Services available to you if you are, and you hereby represent and warrant that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. or EU government embargo or trade sanction (currently Cuba, Iran, Sudan, Syria, and the Crimea region of Ukraine) (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. or EU government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
24. Forward-Looking Statements.
Statements appearing on the Services that concern us, our affiliates or our and their management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations, markets, products, services and prices. These factors and risks are described in our current annual report filed with the SEC and in other filings we make with the SEC. You can access our most recent SEC filings via the SEC EDGAR system located at www.sec.gov, or you may obtain these filings directly from us at no charge. We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Services.
25. Other Important Terms.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is between you and us. Except as expressly set forth in this Agreement, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein by reference, is the entire agreement between you and us relating to the subject matter of this Agreement, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.