Amended as of December 15, 2005
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This website (the "Website") is provided to you under these Terms & Conditions of Use (the "Agreement") and any amendments or supplements to them that may be posted by Johnson & Johnson Consumer Products Company, a division of Johnson & Johnson Consumer Companies, Inc. ("Consumer Products Company") from time to time. Your use of this Website shall be deemed to constitute your consent to be bound by the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Website.
This Website is owned by Consumer Products Company. All right, title, and interest in and to the content displayed on the Website, including but not limited to the Website's look and feel, data, information, text, graphics, images, sound, or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Consumer Products Company or its respective partners, agents, or third party licensors.
You agree that Consumer Products Company may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Consumer Products Company will not be liable for any consequences of doing so.
Consumer Products Company may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Website. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.
If you have any questions or concerns with respect to the Agreement or the Website you may contact a representative of Consumer Products Company using our online form,
or by mail at:
Johnson & Johnson Consumer Companies Inc.
This Website is intended for and directed to adults in the United States only. This Website is not intended for any children under the age of 13.
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically and 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.
You agree to comply with all applicable laws and regulations regarding your use of the Website, including, without limitation, intellectual property laws, privacy laws and laws regarding import/export of technical data by virtue of your online transmission.
You agree that you have read and are familiar with the following guidelines. Please note that users who violate our guidelines will be sent a warning, and if necessary, be banned from posting.
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the "Content") is the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Website.
You will post honestly and in good faith and with the intention to support and inform. We do not welcome people who disrupt our community and create additional work for our hosts and staff. If we believe you are posting with the intent to cause disruption or harm to your fellow members' community experience or enjoyment, you will be banned.
You are also responsible for keeping your email address updated. Failure to keep your email address updated may result in banning until we can confirm that you have a valid email address associated with your Consumer Products Company membership. You are also responsible for keeping your log-in information, including your password, private. Sharing of memberships or screen names is not allowed and may result in your membership being banned. Consumer Products Company accepts no responsibility for use of your membership or computer by third parties, with or without your permission.
You agree not to:
THIS IS NOT A MEDICAL WEBSITE: IT IS NOT A WEBSITE FOR GIVING OR RECEIVING MEDICAL ADVICE, INCLUDING WITHOUT LIMITATION ANY MEDICAL DIAGNOSIS OR TREATMENT. DO NOT ATTEMPT TO GIVE MEDICAL ADVICE FROM THIS WEBSITE. DO NOT TAKE OR RELY ON MEDICAL ADVICE THAT IS PROVIDED FROM THIS WEBSITE IN VIOLATION OF THIS AGREEMENT. DO CONSULT WITH A HEALTH CARE PROFESSIONAL.
Violations of these Guidelines
You acknowledge that Consumer Products Company does not generally prescreen Content, but that Consumer Products Company and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Website. Consumer Products Company reserves the right in its sole discretion to refuse access to the Website to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Consumer Products Company and its designees will have the right to remove any Content that violates the Agreement or that Consumer Products Company considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Website, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
By posting Content to the Website or by transmitting Content using the Website, you (1) represent and warrant to Consumer Products Company that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit Content; and (2) grant to Consumer Products Company an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed.
You acknowledge that bulletin boards and chat rooms contain the opinions and views of other users. You acknowledge further that Consumer Products Company is not responsible for the accuracy of any messages on the Website, and agree that you shall always consult a physician or other qualified healthcare provider before relying on any information you find on the Website. You understand and agree that you shall evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to Consumer Products Company regarding the Website, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. Consumer Products Company will have no obligation of any kind with respect to Received Materials that you do not restrict and Consumer Products Company will be free to reproduce, use, disclose, exhibit, publicly display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. You also acknowledge that what you post may be indexed by search engines such as Yahoo or Google. Furthermore, Consumer Products Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Consumer Products Company, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Consumer Products Company so long as the link does not portray Consumer Products Company, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Consumer Products Company logo or graphic or trademark as part of the link without the prior express written permission of Consumer Products Company.
You agree that Consumer Products Company may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Website. You agree that Consumer Products Company has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Website.
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property"), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. Except as expressly authorized by Consumer Products Company herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on or included with the content.
You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Website in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of Consumer Products Company.
You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of Consumer Products Company. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Consumer Products Company's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
None of the material contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Consumer Products Company.
Except as otherwise noted, all content posted on this Website is:
Copyright © Johnson & Johnson Consumer Products Company, a division of Johnson & Johnson Consumer Companies, Inc. 2005 - 2013 ALL RIGHTS RESERVED
Consumer Products Company has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material or data, please contact us.
Consumer Products Company asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, Consumer Products Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Consumer Products Company's Copyright Agent the following information:
Consumer Products Company's Copyright Agent for Notice of claims of copyright infringement on its Website can be reached as follows: through our online form or by mail at:
Johnson & Johnson Consumer Companies, Inc.
By telephone at 1-866-466-3458.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
If Subscriber believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a Counter-Notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Consumer Products Company's Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the Consumer Products Company's Copyright Agent for Notice that includes the following information:
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
"STRENGTH FOR CARING"
"JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, A DIVISION OF JOHNSON & JOHNSON CONSUMER COMPANIES, INC."
"JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, A DIVISION OF JOHNSON & JOHNSON CONSUMER COMPANIES, INC." logo and design,
"THE CAREGIVER INITIATIVE"
are registered trademarks of Consumer Products Company.
The trademarks, logos and service marks, including those listed above, displayed on the Website (collectively the "Marks") identify CONSUMER PRODUCTS COMPANY's products and services, and inform the public that CONSUMER PRODUCTS COMPANY is the source of those products and services. Nothing contained on the Website should be construed as granting any right or license to use any Mark displayed on the Website. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
You are also advised that CONSUMER PRODUCTS COMPANY will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from CONSUMER PRODUCTS COMPANY. Please make such requests through our online form. We will evaluate your request and respond as soon as possible.
Your dealings with third parties found on or through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Consumer Products Company does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Consumer Products Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER CONSUMER PRODUCTS COMPANY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. CONSUMER PRODUCTS COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE CONSUMER PRODUCTS COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, CONSUMER PRODUCTS COMPANY AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
CONSUMER PRODUCTS COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CONSUMER PRODUCTS COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CONSUMER PRODUCTS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree that any claim or cause of action arising out of your use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CONSUMER PRODUCTS COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
CONSUMER PRODUCTS COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CONSUMER PRODUCTS COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONSUMER PRODUCTS COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to indemnify and hold harmless Consumer Products Company, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website; Content you submit, post, or transmit through the Website; your breach of the Agreement; and your connection to the Website.
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the State of New Jersey applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law. Any legal action or proceeding between Consumer Products Company and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that the this is an inconvenient forum.
You agree that Consumer Products Company may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content within the Website, without prior notice to you for any reason that Consumer Products Company, in its sole discretion, deems appropriate. You further agree that Consumer Products Company will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
These Terms & Conditions of Use were last updated on December 15, 2005.