Terms of Use

Effective Date of these Online Terms of Use: December 31, 2009

These Online Terms of Use govern your access to Web sites controlled by Abbott Laboratories, including its subsidiaries and affiliates (together referred to as “Abbott”), which link to these Online Terms of Use (together referred to as "Abbott Web Sites"). These Online Terms of Use do not apply to Abbott Web sites that do not link to these Online Terms of Use, to non-Canadian residents, or to third-party Web sites to which Abbott Web Sites may link. Your use of Abbott Web Sites is subject to these Online Terms of Use and the Privacy Policy.

Without prejudice to your rights under applicable law, Abbott reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If Abbott changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the Abbott Web Sites, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing the Abbott Web Sites. If you disagree with these Online Terms of Use, or are dissatisfied with the Abbott Web Sites, your sole and exclusive remedy is to discontinue using this Abbott Web Site.

DISCLAIMERS
You acknowledge and agree that:

a. Although we strive to provide on the Abbott Web Sites the latest developments relating to our products and services, and other information about Abbott, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Abbott Web Sites. Each person assumes full responsibility and all risks arising from use of the Abbott Web Sites. 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 contained on the Abbott Web Sites 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 THE ABBOTT WEB SITES. 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 OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 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 ABBOTT WEB SITES, 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 OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction's law.

c. Abbott is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. These links are provided solely as a convenience to you and not as an endorsement by Abbott of the contents on such third-party Web sites, which are not under the control of Abbott. Except as otherwise provided on the Abbott Web Sites, Abbott will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Abbott Web Sites. Such information should, therefore, be considered as suspect and is not endorsed by Abbott.

d. The Abbott Web Sites 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 the Abbott Web Sites on a regular basis but assumes no obligation to update any of the content.

e. The information on Abbott Web Sites should not be used as a substitute for the advice provided by a physician or other healthcare professional, and must not be used to diagnose or treat a disease or condition. Always consult your physician or other healthcare professional for medical advice and services.

YOUR USE

You understand, acknowledge, and agree to the following:

a. By using the Abbott Web Sites, you agree not to disrupt or intercept our electronic information posted on the Abbott Web Sites or on any of our servers. You also agree not to attempt to circumvent any security features of the Abbott Web Sites. Violations of our system or network security may result in civil or criminal liability, and Abbott will investigate occurrences which may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

b. By using the Abbott Web Sites, you agree to abide by all applicable, local, state, provincial, federal and international laws, rules and regulations.You agree that you will not use the Abbott Web Sites in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, and you will not post any material that is obscene, defamatory, profane, libelous, threatening, harassing, abusive, hateful or embarrassing to another person or entity.

c. You grant to Abbott the right to use all content you upload or otherwise transmit to the Abbott Web Sites, subject to these Online Terms of Use 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. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the Abbot Web Sites (if any).

d. Except as expressly stated and agreed upon in advance by Abbott, no confidential relationship shall be established in the event that any user of the Abbott Web Sites should make any oral, written or electronic communication to Abbott (such as feedback, questions, comments, suggestions, ideas, etc.). If any Abbott Web Sites require or request that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), 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.

PRODUCT LABELLING

Product names, descriptions and labelling may be of U.S. or another country’s origin, which is not your country of residence. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local healthcare professionals. Except as expressly stated and agreed upon in advance by Abbott, no director, employee, agent, or representative of Abbott, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through the Abbott Web Sites.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published in the Abbott Web Sites (the "Information") are the sole property of Abbott, except for information provided by third-party providers under contract to Abbott. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Abbott Web Site are used separate from accompanying text. 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 the Abbott Web Sites may be made without the prior written authorization of Abbott, except to identify the product or services of the company.

PRIVACY AND SECURITY

Abbott is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the Abbott Web Sites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Abbott Web Sites, you agree to be bound by that Privacy Policy .

You recognize and agree that when submitting your personally identifiable information to the Abbott Web Sites, 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 IMPLIED, 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 defend, indemnify, and hold harmless Abbott, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of Abbott, arising out of or in connection with (i) your use of the Abbott Web Sites, or any contracts entered into or services or products offered, sold or purchased as a result of any contract initiated on or through the Abbott Web Sites, (ii) your breach of these Online Terms of Use, including any abusive or unlawful behaviour on the part of you or your dependents, or (iii) your infringement of any intellectual property or privacy right of any person. This indemnification provision shall apply to third-party claims as well as claims between you and Abbott.

LIMITATION OF LIABILITY

Abbott does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the Abbott Web Sites. 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 the Abbott Web Sites, or the content contained thereon.

THE ABBOTT WEB SITES, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE ABBOTT WEB SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL ABBOTT OR ITS 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, THE ABBOTT WEB SITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE ABBOTT WEB SITES 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 THE ABBOTT WEB SITES 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.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Abbott Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE ABBOTT WEB SITES.

GENERAL

You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The Abbott Web Sites were created and are operated under the laws of the State of Illinois. The laws of the State of Illinois will control the terms provided in these Online Terms and Conditions, to the extent that the laws of the State of Illinois are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.