Introduction

This website, www.MeWithoutMigraine.com (the “Website”), is intended to facilitate the individuals seeking information related to migraine. This Website is provided to you (collectively, “you” or “your”), under these “Terms of Use” and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by Johnson & Johnson Private Limited (the “Company”, “we”, “us”, “our”) from time to time on the Website. Your use of this Website or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of 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 do not use the Website.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Website, you may contact a representative by email at mewithoutmigraine@its.jnj.com.Please note that we cannot recommend treatment or offer medical advice on personal health matters. We encourage you to visit your nearest qualified health care provider for medical advice.

Website Intended Audience

The Website is intended for and directed to adults in India only. The Website is not intended for any minor under the age of 18.

Modification or Suspension of the Website

You agree that 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 Company will not be liable for the consequences of doing so.

Ownership

The Website is owned by Johnson & Johnson Private Limited. All right, title, and interest to the content displayed on the Website (excluding User Content, as defined below), 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 Johnson & Johnson Private Limited or its partners, licensors, agents or third parties.

Protection of Intellectual Property Rights and License

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 licensors, suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by the 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 content retrieved from the Website for the sole purpose of using the Website as an education resource. You may not use the content obtained through the Website in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other Websites, regardless of whether you receive compensation, without the prior written permission of the Company. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of the Company. Except as expressly provided in this Agreement, nothing contained in this 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 the Company’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Compliance with Laws

You agree to comply with all applicable Indian laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

Links to Other Sites

The Website may provide links to other sites and/or resources, including advertisers, over which the Company has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by the Company of content, items, or services on those third-party Websites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. The Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked Websites. You agree that the Company has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources. Once you leave this Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

Information Disclaimer

The information (including, without limitation, advice and recommendations) on the website 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 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 physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the website.

Johnson &Johnson Private Limited 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 we shall strive to keep the information on the website accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website.

Disclaimer of Warranties With Respect to Use of Website

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, Johnson & Johnson Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.

Johnson & Johnson Private Limited 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. Johnson & Johnson Private limited 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 through the website shall not create any warranty not expressly made herein.

Privacy

The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy and Legal notice. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask you not to use the Website.

Limitation of Liability

You expressly understand and agree that under no circumstances will the company, its licensors, suppliers or agents 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 the use of, or the inability to use, the Website.

Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, co-branders, licensors, suppliers, 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; information you submit or transmit through the Website; your breach of this Agreement; and your connection to the Website.

Termination

You agree that the Company may, in its sole discretion, and at any time, terminate your use of or access to the Website, without prior notice to you, for any reason that the Company, in its sole discretion, deems appropriate. You further agree that the 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, Information Disclaimer, Indemnification, Disclaimer of Warranties With Respect to Use of Website, Limitation of Liability, and Applicable Law shall survive any such termination.

Severability of Agreement

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.

Limitations of Actions Brought Against the Company

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 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.

Applicable Law

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 India, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the Company and you related to the Agreement shall be brought exclusively in the court of competent jurisdiction in Mumbai, India, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Modifications to the Agreement

The Company may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Website. Your continued use of the Website, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.

Electronic Communications

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 e-mail, 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.

Trademark Notices

The trademarks, service marks, trade names, trade dress and products in the Website are protected in India and internationally. No use of any of these may be made without the prior, written authorization of Johnson & Johnson Private Limited.

Notice and Procedure for Making Claims of Copyright Infringement

The Company asks users of Website to respect the intellectual property of others. Pursuant to the Indian Copyright Act, 1957  if you believe in good faith that your work has been displayed in a way that constitutes copyright infringement, please provide the following information to the Company at Law Department, Johnson & Johnson Private Limited, Arena Space, Behind Majas Bus Depot, Off J.V. Link Road, Jogeshwari (E) Mumbai 400060:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  1. The Company shall remove or disable access to the material that is alleged to be infringing;
  2. The Company shall forward the written notification to such alleged infringer (“Subscriber”); and
  3. The Company shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.