Effective Date of these Online Terms and Conditions: January 28, 2016.
This Policy applies to residents of Canada. If you are a resident of another country, please visit Abbott.com for applicable information.
Your access to Abbott.com is subject to the following Terms and Conditions, which are current as of the above Effective Date. If Abbott changes these Terms and Conditions, an updated version of these Terms and Conditions will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Terms and Conditions. By accessing or using this Web Site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Web Site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this site.
For information on use of the Abbott Laboratories ("Abbott") social media channels, please see our social media Terms of Use.
DISCLAIMERS
You acknowledge and agree that:
a. Although we strive to provide on this Web Site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web Site. Each person assumes full responsibility and all risks arising from use of this Web Site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Abbott reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. ABBOTT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. ABBOTT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. IN NO EVENT SHALL ABBOTT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE THIS WEB SITE, AND/OR THE INFORMATION OR CONTENT POSTED ON THE ABBOTT WEB SITES, REGARDLESS OF WHETHER ABBOTT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
c. Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, this Web Site is solely between you and such third parties, and Abbott has no control over the quality, legality or inappropriate nature of the content advertised or the truth or accuracy of any representations made by third parties. Abbott is not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Abbott, are responsible for compliance with all laws applicable in any such transaction.
d. This Web Site may contain forward-looking statements that reflect Abbott's current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Abbott intends to update this site on a regular basis but assumes no obligation to update any of the content.
e. The information on this Web Site should not be used as a substitute for the advice provided by a physician or other health care professional, and must not be used to diagnose or treat a disease or condition. Always consult your physician or other health care professional for medical advice and services. Nothing on this Web Site is meant to create a health care professional-patient relationship.
YOUR USE
You understand, acknowledge, and agree to the following:
a. By using this Web Site, you agree not to disrupt or intercept our electronic information posted on this Web Site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web Site, and to abide by all applicable, provincial, federal and international laws, rules and regulations.
b. You grant to Abbott the right to use all content you upload or otherwise transmit to this Web Site, subject to these Terms and Conditions and Abbott’s Privacy Policy in any manner Abbott chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
c. Except as expressly stated and agreed upon in advance by Abbott, no confidential relationship shall be established in the event that any user of this Web Site should make any oral, written or electronic communication to Abbott (such as feedback, questions, comments, suggestions, ideas, etc.). If any Abbott Web Site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Abbott shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Abbott shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Abbott is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
INTELLECTUAL PROPERTY
The information, documents, and related graphics published in this Internet Web Site (the "Information") is protected under applicable copyright laws to the maximum extent permitted and is the sole property of Abbott, except for information provided by third-party providers under contract to Abbott, its subsidiaries or affiliates. You must abide by all copyright notices, information and restrictions contained in any content on, or accessed through, this Web Site. Abbott does not warrant or represent that your use of materials displayed on, or obtained through, this Web Site will not infringe the rights of third parties. Abbott is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Abbott.
No use of any Abbott trademark, trade names, trade dress and products in this Web Site may be made without the prior written authorization of Abbott, except to identify the product or services of the company.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Abbott by providing our copyright agent with the following in writing:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Abbott to locate the material;
3. Your name, address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
5. A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
6. The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
To submit a notification of claimed infringement, please contact Abbott’s Designated Agent at: CustomerCareFreeStyleCanada@Abbott.com.
PRIVACY AND SECURITY
Abbott is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Web Site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Web Site, you agree to be bound by that policy.
You recognize and agree that when submitting your personally identifiable information to Abbott.com, while Abbott has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, ABBOTT SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF ABBOTT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ABBOTT DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
INDEMNIFICATION
You agree to indemnify Abbott from and against any claims, actions or demands arising out of or in connection with (i) your use of the Abbott Web Sites, including without limitation, the placement or transmission of any information or other materials on the Abbott Web Sites by you, or any contracts entered into or services or products offered, sold or purchased on or through the Abbott Web Sites, (ii) your breach of these Terms and Conditions, including any abusive or unlawful behaviour, or (iii) your infringement of any intellectual property or privacy right of any person.
LIMITATION OF LIABILITY
Abbott does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web Site. Reliance on these materials, information and opinions is solely at your own risk. Abbott disclaims any liability for injury or damages resulting from the use of this Web Site, or the content contained thereon.
THIS ABBOTT WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL ABBOTT, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “ABBOTT PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ABBOTT AND WHETHER OR NOT ABBOTT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some provinces do not allow the limitation of liability, so this provision may not apply to you.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY ABBOTT, ITS SUBSIDIARIES OR AFFILIATES.
GENERAL
You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. The laws of the Province of Quebec and the federal laws applicable therein will govern the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect.
Revised: January 28, 2016
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