IMPORTANT NOTE REGARDING WEBSITE CONTENT
The content and information (collectively, the “Content”) appearing on this website (“Website”) is for your general educational information only. The Content cannot replace the relationship that you have with your health care professionals. The Content on this Website should not be considered medical advice. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on this Website represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.
This Website is intended for an United States audience. If you live outside of the United States, you may see information on this Website about products or therapies that are not available or authorized in your country.
Because health information changes quickly we recommend you always confirm information and treatment options with your health care professionals.
This Is A Legal Agreement
By Using this Website, you agree to the most-recent Terms. We may change these Terms at any time, and such changes will be posted on this or a similar page of this Website. We encourage you to review these Terms each time you visit this Website.
If you enter into any other agreement with MinuteClinic including, but not limited to, an agreement to receive medical treatment from MinuteClinic, then these Terms are in addition to the terms of such other agreement. Neither entering into this agreement, visiting this Website, nor any of these Terms, guarantees that you are eligible to receive treatment from us or obligates us to enter into any other agreement or provide any service to you. General eligibility guidelines for treatment may be provided on this Website. We, however, reserve the right, in our sole discretion, to determine whether and to what extent you are eligible to receive our services. If you are ineligible to receive treatment because you do not meet the eligibility criteria or for any other reason, we may refer you to a primary care provider.
License to Use this Website and Content Ownership
The Content on this Website is protected by law including, but not limited to, United States copyright and trademark law. Subject to these Terms, MinuteClinic grants you a personal, non-transferable, non-exclusive, revocable, limited license to view the Content on the Website for the sole purpose of collecting information regarding our services and related activities. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices.
All rights, title, and interest in and to the Website, including the Content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights, therein shall remain with MinuteClinic and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Website, granting the foregoing licenses, or entering into this Agreement.
The Website may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms your license to the Content terminates immediately. Upon the termination of this license you must stop using this Website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
License to Your Postings and Messages
MinuteClinic may, now or in the future, permit Website users to post messages and communicate with other users through the Website. All materials submitted by you or transmitted by you through the Website including, but not limited to, any feedback, suggestions, or similar communications (collectively, “Postings and Messages”) will be considered non-personal, non-confidential, and non-proprietary. You hereby grant MinuteClinic a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit, and distribute the Postings and Messages, in whole or in part, and including all intellectual property rights therein. In addition, you grant a license to all Website users to make a reasonable number of copies of your Postings and Messages for their personal use. MinuteClinic is not responsible to you for any breach of the license granted to the other Website users.
Responsibility for Postings and Messages
All Postings and Messages appearing on the Website are the responsibility of the person providing such Posting or Message. MinuteClinic is not responsible for the contents of any Posting or Message. MinuteClinic does not in any way endorse the contents of any Posting or Message, nor does it guaranty the accuracy or completeness of any Posting or Message. MinuteClinic may, but is not required to, monitor and review the Postings and Messages, and may remove or edit any Postings and Messages in its sole discretion. You agree that MinuteClinic is not responsible or liable to you for any loss or damage of any kind resulting from or related to any Posting or Message including any use or reliance by you upon any Posting or Message. You are advised that Postings or Messages may be false or misleading. Any action you may take in reliance on any Posting or Message appearing on this Website is solely at your own risk.
You agree to follow the user conduct rules listed below. If you fail to follow these conduct rules, this Agreement immediately terminates, and MinuteClinic may pursue any other legal and equitable remedies including but not limited to money damages.
a. You will not knowingly provide or post any false, misleading, or fraudulent information.
b. You will not use this Website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
c. All information provided or posted by you must be original to you, and not violate the copyright or other proprietary rights of any third party.
d. Information provided or posted by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
e. You will not hold yourself out as someone you are not or otherwise impersonate any living person.
f. You will not post any information or content promoting or linking to a Website that promotes or displays illegal content; pornography; violent, offensive, or discriminatory content; content in any way exploiting minors.
g. You will not interfere or tamper with the functioning of this Website, nor will you attempt to gain access to information or control of the Website not specifically granted to you.
h. You will not use this Website to transmit any virus or similar destructive program or code.
i. You will not harass or send repeated hostile or inappropriate messages to any other Website user.
j. You will not compile any database or list of other Website users, nor will you use this Website to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
Restrictions on Use of this Website
You agree: a) not to use this Website or Content in any way not explicitly permitted by these Terms or the text of the Website itself; b) not to copy, modify, or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use; c) not to misrepresent your identity or provide us with any false information in any information-collection portion of this Website such as a registration or enrollment application page; d) not to directly or indirectly authorize anyone else to take actions prohibited in this section; e) to comply with all applicable laws and regulations while using this Website or the Content.
Portions of this Website may now or in the future be password-protected or otherwise secured. You agree to access only those portions of the Website to which you have been granted access. If MinuteClinic issues a password or similar device or code in order to access restricted information, you agree to treat such password as confidential. You understand and agree that you are responsible for any actions taken through the use of the password assigned to you if you have provided access to your password to others. You agree to notify us immediately if you become aware of any unauthorized disclosure or use of your password.
You represent and warrant that you are at least eighteen (18) years of age. For those individuals under eighteen (18) years of age, use of the Website should be limited to use only with the assistance and supervision of a parent or guardian.
Privacy and Security
E-mail and Internet communications may not be secure. Please consider this fact before sending MinuteClinic any personal or confidential information.
Changes to Website Content
We may change, add, or remove some or all of the Content on this Website at any time. In addition, please note that although our goal is to provide accurate information, Content on the Website may not be accurate or up to date.
This Website may contain information and presses releases about MinuteClinic, and although this information was believed to be accurate as of the date prepared, MinuteClinic disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. MINUTECLINIC, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE WEBSITE IS ACCURATE OR COMPLETE.
THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Governing Law and Statute of Limitations
The laws of the State of New
York govern these Terms and any cause of action arising under or relating to your use of the Website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with MinuteClinic, or in any way relating to your use of this Website, is in the state and federal courts in the State of New
York, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving MinuteClinic or its employees, officers, directors, agents, and providers. If any provision of these Terms are determined to be invalid under any applicable statute or rule of law, such provision or clause is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
To contact us: http://www.minuteclinic.com/en/USA/About/Contact.aspx
Your obligations under the following sections survive termination of this agreement: Important Note Regarding Website Content; This is A Legal Agreement; content ownership portions of License to Use this Website and Content Ownership; License to Your Postings and Messages; Responsibility for Postings and Messages; User Conduct; Restrictions on Use of this Website; Changes to Website Content; NO WARRANTIES; LIMITATION OF LIABILITY; Governing Law and Statute of Limitations; Additional Terms. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend, indemnify, and hold the Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this agreement or your use or misuse of the Content or Website. You may not transfer or assign any rights or obligations under this Agreement. MinuteClinic may transfer or assign its rights and obligations under this Agreement.