Janssen reserves the right to modify or change any of the terms of these ToU at any time and for any reason. Janssen will promptly post any modifications or changes to these ToU within the Portal. Your registration and continued use of the Portal constitutes your consent to be bound by any such modifications or changes to these ToU and it is your obligation to periodically review the latest version of these ToU. The date of the last update to this language will be stated at the top of this page.
General: The Portal is provided as a convenience to you at no cost and is only available in English at this time, to residents of the US and its territories. We do not sell or give away any personal information of Users of this Portal, including email addresses. We reserve the right to suspend or terminate a User's Portal access at any time and for any reason.
Janssen, and its approved vendors, uses reasonable efforts to maintain the Portal, but is not responsible for any defects or failures associated with the Portal, any part thereof or any damages (such as lost profits or other consequential damages) that may result from any such negligence, defects or failures. The Portal may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Janssen may undertake from time to time or (c) causes beyond our control or which are not foreseeable. The Portal is not a backup service for storing data you submit to the Portal, and Janssen shall have no liability regarding any loss of such data. You are solely responsible for creating backups of any data you submit using the Portal.
Your Account. You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to agree to this Portal User Agreement via your registration on the Portal under your own name, for enrollment in services on your behalf, on behalf of another individual for whom you are legally authorized to act, or on behalf of a Healthcare Organization, and to use these services in accordance with these ToU and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify Janssen CarePath at 877-CarePath (877-227-3728) of any unauthorized use of your password or of any other security concerns of which you became aware.
Healthcare Organization Site Administrator Portal Users:
Additionally, Healthcare Organization Site Administrators are responsible for the appropriate identification, approval, and provisioning of access (including termination of access) of all registered users that will have access to, and the ability to provide, Individually Identifiable Health Information on behalf of the Healthcare Organization via the Portal. Designated Site Administrators will be responsible for approval and removal of individual site users. Janssen takes no responsibility for Portal access to individuals that have not been, or are no longer authorized by the participating Healthcare Organization.
No Unlawful and Prohibited Use. You are prohibited from using the Portal to damage, disable, or overburden the Portal's servers or network or impair the Portal or interfere with any other party's use of the Portal. Hacking, password mining, or any other means to gain unauthorized access to the Portal, Portal accounts, computer or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. Janssen will fully cooperate with any law enforcement authorities or court order requesting or directing Janssen to disclose the identity of any one posting any such information and materials.
THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS ON THE PORTAL IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. PATIENTS SHOULD ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE PORTAL IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE PORTAL.
WE 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 PORTAL. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE PORTAL 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 ON THE PORTAL.
FOR HCP USERS: FOR HEALTHCARE PROVIDERS, ACCESS AND/OR USE OF THE PORTAL SHOULD COMPLY WITH US HEALTHCARE LAWS, INCLUDING WITHOUT LIMITATION THE ANTI-KICKBACK STATUTE (42 U.S.C. § 1320a-7b) AND THE FALSE CLAIMS ACT (Act (31 U.S.C. §§ 3729–3733). YOUR ACCESS OR USE OF THIS PORTAL IS NOT INTENDED TO CONFER VALUE TO INDUCE OR REWARD THE REFERRAL OF FEDERAL HEALTH CARE PROGRAM BUSINESS. ADDITIONALLY, ALL HCP USERS WARRANT THAT THEY HAVE OBTAINED AND WILL OBTAIN ANY CONSENTS, AUTHORIZATIONS, AND/OR OTHER LEGAL PERMISSIONS REQUIRED UNDER US HEALTHCARE LAWS AND OTHER APPLICABLE LAW FOR THE DISCLOSURE OF DATA AND PHI TO PORTAL OWNER AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES.
You may not copy, change or reuse the Portal, any updates to it or any part of it including the software incorporated in it.
In addition, you agree not to: (i) use this Portal in any manner that could disable, overburden, damage, or impair this Portal, or interfere with any other use of this Portal, including, any user's ability to engage in activities through this Portal; (ii) use any robot, spider or other automatic device, process or means to access this Portal for any purpose, including to scrape, data mine, monitor or copy any of the material on this Portal; (iii) use any manual process to monitor or copy any of the material on this Portal, or to engage in any other unauthorized purpose without the express prior written consent of Portal Owner; (iv) interfere or attempt to interfere with the proper working of this Portal whether through a device, software, routine or other mechanism.
We reserve all rights not expressly granted to you.
Privacy and Consent to Use Data
The information communicated on the Portal constitutes an electronic communication. When you communicate with us through the Portal or via other forms of electronic media, such as e-mail, or live chat, you are communicating with us electronically. You agree that we may communicate with you electronically, subject to local privacy laws, 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.
Storage of User Content
We may impose a maximum amount of storage for User Content on the Portal. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other User Content associated with maintaining the maximum amount of storage.
Disclaimer of Warranties With Respect to Use of Portal
THE PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PORTAL OWNER DOES NOT MAKE ANY WARRANTY THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SITE OWNER MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTAL OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PORTAL. BY USE OF THE PORTAL YOU CONSENT AND AGREE TO WAIVE ANY RIGHTS TO THE CONTRARY WHETHER CONFERRED UNDER STATE OR FEDERAL LAW OR PURSUANT TO EQUITABLE PRINCIPLES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL 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 AND THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE OWNER OR THROUGH THE PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR 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), EQUITY (INCLUDING WITHOUT LIMITATION GOOD FAITH OR FAIR DEALING) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE PORTAL; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR PORTALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PORTAL; OR (5) ANY OTHER MATTER RELATING TO THE PORTAL. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
The trademarks and brand names displayed on this Portal are the property of Portal Owner, its affiliates or third party owners. You may not use or display any trademarks or service marks owned by Portal Owner without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Portal without the permission of their owners.
Modification or Suspension of the Portal
We will make reasonable efforts to make the Portal available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Portal or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
Links to Third Party Sites
Modifications to these Terms
Severability of Agreement
All Sections shall survive the termination of the right to use the Portal.
Applicable Law and Jurisdiction