THE INFORMATION THAT YOU RECEIVE VIA THIS PLATFORM IS NOT INTENDED TO BE, NOR SHOULD IT BE REGARDED AS COMPRISING MEDICAL ADVICE OF ANY NATURE.
THIS PLATFORM IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND NOT INTENDED FOR THE DIAGNOSIS OF ANY MEDICAL CONDITIONS. USERS SHOULD BE AWARE THAT THIS PLATFORM IS MERELY AN INFORMATION SERVICE AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE YOU AS A HEALTH CARE PROFESSIONAL PROVIDE TO YOUR PATIENTS.
1.1 This Platform is designed as an e-learning tool which is intended only for use by licensed medical physicians and pharmacists (“HCP’s”) with the aim of enhancing skills and knowledge of those HCP’s who access and use the Platform by supporting the exchange and dissemination of scientific information through interactive medical and clinical educational content in the various e-learning activities.
1.2 This Platform is not a medical device. This Platform, and the content and information available through it, should not be used as a basis for any diagnosis, monitoring, management, or treatment of any medical condition. The information provided in this Platform is provided by Abbott for general information purposes only and does not provide complete medical information. It is not intended to, and does not provide medical advice of any nature, nor a means for users to self-diagnose any medical condition. Nothing contained in the Platform is intended to replace a physician-patient relationship, or to be a substitute for medical advice. Never disregard professional advice based on the information contained in this Platform. This Platform does not offer personalized medical diagnosis or patient-specific treatment advice. You further acknowledge that the Platform, Content, and Abbott customer service contacts are not intended for use in an emergency response situation and are not suitable for use in such situations where failure, delay, inaccuracies, or errors in this Platform or Content available through this Platform could lead to death or personal injury. This Platform, Content, and any Abbott customer service contacts cannot be considered a lifesaving solution, and they are not a substitute for emergency services. All life threatening and emergency situations should be directed to the appropriate emergency response services in your area. You may not post health or similarly sensitive personal information to this Platform.
1.3 Nothing contained in this Platform is or is intended to be of a promotional nature. You should not construe anything on this Platform as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence. Please note that the information on this Platform may contain information about products or indications currently under investigation and/or that have not been approved by the regulatory authorities.
1.5 You hereby give your consent that we may send you email at the email address you provided to us for customer service-related purposes and in connection with providing communications that are features of this Platform (e.g., information on features) unless you opt out of receiving such communications by unsubscribing in any emails sent to you. We may also send you push notifications to your device for those same purposes through this Platform itself.
1.6 We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this Platform. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Platform or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com .
2. A:CARE VIRTUAL LEARNING ACCOUNT
2.1 You acknowledge and agree that the Platform is designed and intended for professional use on an individual basis and you should not share you’re a:care virtual learning account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of you’re a:care virtual learning account and for all activities that occur on or through it. You agree to immediately notify Abbott if you become aware of a security incident or breach affecting you’re a:care virtual learning account, including where you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on you’re a:care virtual learning account from unauthorised users or for any losses arising out of or in connection with the unauthorised use of you’re a:care virtual learning account where caused by you.
2.3 To use this Platform you must enter some of your personal information, including your email address and password, to create you’re a:care virtual learning account. You agree to provide accurate and complete information when you register with, and as you use, this Platform, and you agree to keep you’re a:care virtual learning account information accurate, current, and complete.
3. PERMITTED USES OF THIS PLATFORM
3.2 All Use of such Content is for informational and non-commercial or personal use only and you may not distribute, modify, transmit, reuse, repost, or otherwise Use the Content for commercial purposes, without prior written permission from Abbott or our licensors. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of Abbott or of any other party is granted or conferred to you. Any rights not expressly granted herein are reserved. If you use any Content in breach these terms your right to Use this Platform will cease immediately and you must, at our option, return or destroy any copies of the Content that you have made.
3.3 You must not use or otherwise export or re-export this Platform or any information provided in this Platform except as authorized by United States law. In particular, but without limitation, this Platform or any information provided in this Platform may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (include, but are not limited to Cuba, Iran, North Korea, Crimea Region, and Syria), (b) to parties identified by the U.S. government as terrorist-supporting, or otherwise prohibited from participating in export transactions by any U.S. government agency (including the U.S. Department of the Treasury’s listing of “Specially Designated Nationals and Blocked Persons” and the U.S. Commerce Department’s Denied Person’s List and Entity List); and (c) to any party engaged in or supporting terrorism or the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles. By using this Platform, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
4. CONDITIONS OF USE
4.1 When you Use this Platform and the Content, you are solely responsible for:
- ensuring that you are using the latest available version of the Platform;
- ensuring that all operating systems and security software for the Platform are the most up-to-date versions available;
- any damage to your device, and any loss or corruption of information that you store in the device that results from the Use of the Platform or Content or the interaction of the Platform or Content with other Platforms or programs that you may download or use;
- maintaining the security and confidentiality of any personal identification numbers, account information, passwords, and the like related to your Use of the Platform or Content;
- maintaining the physical security of your device;
- ensuring that you do not misuse this Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; and
- maintaining the security and confidentiality of Personal Information that you store on your device. “Personal Information” is information that alone or in combination with other information, such as your name, birth date, e-mail address, mailing address, or telephone number, identifies you or can be used to identify you or your personal characteristics, such as your name, or contact information that is collected and/or transmitted by the Platform.
5. PROHIBITED USES OF THIS PLATFORM
5.1 When you Use this Platform and the Content, you are not permitted to:
- reproduce, duplicate, copy, modify, edit, improve, sell, resell, reverse engineer, change, exploit, or otherwise interfere with the operation of the Platform, its Content, its software, or any portion of any of the foregoing in any way;
- Use the Platform or its Content for any commercial purpose or for any purpose in violation of local, state, national, or international laws;
- reverse engineer, decompile, disassemble, decode, modify, or create derivative works of the Platform, any Platform updates or any part of the Platform or updates;
- attempt to disable or circumvent any security or other technological measure designed to protect the Platform or any Content;
- remove, obscure, or alter any copyright or other proprietary notations from the Platform or part of the Platform;
- engage in systematic or manual copying or scraping and widespread distribution of Content to the public; or
6. ABBOTT’s Trademarks / proprietary rights
6.1 For the purposes of this agreement,” Intellectual Property Rights” means any copyright, patent, trade secret, trade dress, trademark, goodwill, rights in get-up, media, materials, designs, technology, artwork, graphics, icons, computer software (including source code), databases, and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented, in any part of the world.
6.2 You should assume that everything you see or read on this Platform is copyrighted or licensed by Abbott unless otherwise noted and may not be used without the written permission of Abbott.
6.3 Unless otherwise noted, you should also assume that any logos, company names, or trade names appearing on this Platform, whether or not appearing in large print or with the trademark symbol are trademarks of Abbott and/or other parties. This Platform may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Abbott and/or other parties. No license to or right, express or implied, in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Abbott and/or other parties is granted to or conferred upon you.
7. LICENSE To ABBOTT
7.3 You are solely responsible for the User Content you post to this Platform and the consequences of posting it. By posting User Content, you represent, warrant, and covenant that: (i) you are the creator and owner of the User Content, or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) the User Content does not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, or libel any other person, (C) be inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotive of discrimination, bigotry, racism, or hatred, as determined by Abbott in its sole discretion; (iii) the User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; or (iv) unless you have received prior written authorization, the User Content specifically does not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
8. Intellectual Property Policy
8.1 Abbott respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through this Platform.
8.2 Abbott’s intellectual property policy is to (a) remove material that Abbott believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through this Platform, and (b) remove any User Content posted to this Platform by users who are “repeat infringers.” Abbott considers a “repeat infringer” to be any user that has uploaded User Content to this Platform and for whom Abbott has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to their User Content. Abbott has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Abbott’s own determination.
9.1 Any data, comments or materials that you supply via this Platform or provide to Abbott in order to receive support, including feedback data, such as questions, comments suggestions, or the like (” Feedback“), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works, and distribute the Feedback to others in perpetuity without limitation, except for health information and personal information which might be included in the Feedback. Furthermore, Abbott shall be free to use any idea, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback , provided that, where required by law, we reach an agreement on our use and appropriate compensation with you prior to any such use . You shall not exercise moral rights such as right of paternity, right of publication, or right of integrity of the Feedback.
10. Disclaimer of warranties; no reliance on the Content
10.2 Some jurisdictions do not allow the exclusion or limitations of implied warranties, and therefore the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction and any statutory warranty rights remain unaffected by the provisions set out in this Section 10.
11. limitation of liability
11.3 IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA, REFERENCES TO “SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (ii) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (iii) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
11.5 If the laws in your country state that there is a guarantee in relation to our Platform, and Abbott’s liability for failing to comply with that guarantee cannot be excluded but may be limited, Abbott’s liability for such failure is limited exclusively to repairing this Platform and you may discontinue using this Platform.
11.6 Subject to Section 11.7 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to this Platform and you acknowledge that your only right with respect to any problems or dissatisfaction with this Platform is to request that we fix the problem or discontinue your use of this Platform.
11.7 Any additional statutory or legal rights which you may have remain unaffected by the provisions set out in this Section 11.
13. Dispute Resolution
13.1 If a dispute arises between you and Abbott, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. If you have a dispute, please contact us at firstname.lastname@example.org. If we are unable to resolve a potential concern to your satisfaction then you and Abbott agree that any claims and disputes can be litigated only in arbitration under the London Court of International Arbitration (LCIA) Rules and we each agree to personal jurisdiction of the LCIA arbitration centre located in London, United Kingdom.
13.2 No Class Actions. YOU AND ABBOTT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, AN ARBITRATOR OR COURT MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
13.3 No Jury Trial. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ABBOTT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
14. Links to other sites from this Platform; Third-Party materials
14.2 By using this Platform, you may encounter Content and data, information, applications, materials, and other content from third parties, including other users (collectively, “Third-Party Materials”) that may be offensive, indecent, or objectionable, and which may or may not be identified as having explicit language or other material. Subject to Sections 11.1 through 11.7, Abbott will not have any liability to you for any Content or Third-Party Materials that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable.
15. APPLICABLE LAW; CONSEQUENCES
17. deletion of you’re a:care VIRTUAL LEARNING account
17.1 You may delete your account at any time. You’re a:care virtual learning account and all information stored in you’re a:care virtual learning account will be deleted upon receipt and processing of your delete request, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests. Please be aware that it may take up to 72 hours to process your request.
17.2 Abbott may make any and all of your information collected through this Platform anonymous and untraceable to you, and may therefore process and dispose of the data in any manner, including but not limited to any change, alteration, or transfer of the same. Such data will never be traceable back to you in any manner. Abbott has no responsibility for retaining/storing or backing up you’re a:care virtual learning game account.
17.3 You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you email, back up, take a screenshot of your account information or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no ability to manage the privacy or security of that information. You should take the steps that you determine are appropriate to protect the security of such information. Unless otherwise required by law, you agree that you’re a:care virtual learning account is non-transferable and that any rights to have an a:care virtual learning account or any data stored in this Platform will terminate upon your death. Upon receipt of a copy of a death certificate users a:care virtual learning account may be terminated and all data within deleted. Email email@example.com for further information.
18.3 Upon termination of your access to this Platform, any and all data relating to your account may be irretrievably deleted by Abbott, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests.
24. ENTIRE AGREEMENT
25. CONTACT US/SUPPORT
25.1 Free technical support is available or general enquiries will be directed to the appropriate support teams by contacting us at firstname.lastname@example.org.