SCOUTFORBACKPAIN.COM – TERMS OF USE

Your access to and use of this website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws.

Changes to these Terms of Use

By accessing and using this website, you accept these Terms of Use, without limitation or qualification. Johnson & Johnson Consumer, Inc. (“JJCI”) retains the sole and exclusive right to amend these Terms of Use from time to time at a time and manner of its election. You hereby covenant that your continued use of this website constitutes acceptance of such changes in these Terms of Use. These Terms of Use were last revised on 2 July, 2020.

Copyright and Trademark Ownership

Unless otherwise stated, the contents of this website including, but not limited to, the text and images contained herein and their arrangement are either the property of JJCI or of their respective licensors. All trademarks used or referred to in this website are either the property of JJCI or of their respective owners.

Nothing contained in this website shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of JJCI or any third party. This website and the content provided on this website, including, but not limited to, graphic images, audio, video, html code, metadata, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of JJCI or the applicable third party, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

Your Conduct

You may provide a link to the homepage of this website; however, you shall (i) not provide such a link for any derogatory purpose or for such other purpose that is against public policy, (ii) refrain from deep linking, framing, phishing, introducing any malicious code or disabling this website or its attendant infrastructure, (iii) not use any bots or spiders or such other algorithms to access the contents of this website, and (iv) if and when available, not access the password protected portion of this website, other than through the password provided to you by JJCI to access such password protected portion of this website. Further, you hereby agree to remove any references and links to this website immediately upon receipt of a removal request from JJCI.

No Business or Professional Services Relationship

The information provided on this website is free of charge and for informational purposes only and does not create a business or professional services relationship or any other type of commercial relationship between you and JJCI. Specifically, any information provided on this website shall not be deemed to be medical information or analysis suitable to your health condition.

Links to Other Websites and Online Services

Links on this website may lead to services or sites not operated by JJCI. No judgment or warranty is made with respect to such other services or sites and JJCI takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this website, or any site or service linked to by this website, is at your own risk.

Passwords and Your Responsibilities

If you’re provided access to the password protected portion of this website, please do not share your password with any other person, as the use of the password protected portion of this website is solely for your personal use. You shall be solely responsible for any damages you suffer as a result of your sharing the password with any other person. You’re advised to change your password from time to time, and no less frequently than at least once in every three (3) months to reduce the risk of any unauthorized access to the password protected portion of this website using your password. You must authenticate your access to the password protected portion of this website every time by using your then current password. You can manage your password settings, including changing it from time to time, or retrieving it, by accessing it on the Login Screen or the Profile tab and following the instructions provided via email to set a new password. JJCI reserves the right to terminate or suspend your use of the password protected portion of this website at any time, and from time to time, without assigning any reason for such termination or suspension.

Disclaimer of Warranties

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND JJCI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THIS WEBSITE, INCLUDING THAT ACCESS TO, AND USE OF, THIS WEBSITE SHALL BE UNINTERRUPTED OR ERROR-FREE. JJCI EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL JJCI BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT ON OR ACCESSED THROUGH THIS WEBSITE OR ANY SITE OR SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF.

Choice of Law

Subject to binding arbitration provided below, these Terms, as well as any claim related to or pursuant to these Terms, whether grounded in tort, contract, law or equity, shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without regard to its choice of law principles.

Dispute Resolution And Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JJCI AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THIS WEBSITE, THE SERVICES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.

NEITHER JJCI NOR YOU WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM ARISING OUT OF, OR PURSUANT TO, OR RELATING TO THIS AGREEMENT IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, JJCI AND YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR'S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS JJCI OR YOU WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. BEFORE BEGINNING ARBITRATION, JJCI OR YOU MUST FIRST SEND A CLAIM NOTICE. CLAIMS WILL BE REFERRED TO EITHER JAMS OR AAA, AS SELECTED BY THE PARTY ELECTING ARBITRATION. CLAIMS WILL BE RESOLVED PURSUANT TO THIS ARBITRATION PROVISION AND THE SELECTED ORGANIZATION'S RULES IN EFFECT WHEN THE CLAIM IS FILED, EXCEPT WHERE THOSE RULES CONFLICT WITH THIS AGREEMENT. EITHER JJCI OR YOU MAY DELAY ENFORCING OR NOT EXERCISE RIGHTS UNDER THIS ARBITRATION PROVISION, INCLUDING THE RIGHT TO ARBITRATE A CLAIM, WITHOUT WAIVING THE RIGHT TO EXERCISE OR ENFORCE THOSE RIGHTS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER MEMBERS, OR OTHER PERSONS SIMILARLY SITUATED. THE ARBITRATOR'S AUTHORITY IS LIMITED TO CLAIMS SOLELY BETWEEN JJCI AND YOU. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS JJCI AND YOU AGREE IN WRITING. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT WILL APPLY ONLY TO THE SPECIFIC CASE AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD. NOTWITHSTANDING ANY OTHER PROVISION AND WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, IF ANY PORTION OF THIS SECTION IS DEEMED INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION (OTHER THAN THIS SENTENCE) WILL NOT APPLY. SUBJECT TO THIS SECTION, THE ARBITRATOR MAY OTHERWISE AWARD ANY RELIEF AVAILABLE IN COURT. THE ARBITRATION WILL BE CONFIDENTIAL, BUT YOU MAY NOTIFY ANY GOVERNMENT AUTHORITY OF YOUR CLAIM. AT ANY PARTY'S REQUEST, THE ARBITRATOR WILL PROVIDE A BRIEF WRITTEN EXPLANATION OF THE AWARD. THE ARBITRATOR'S AWARD WILL BE FINAL AND BINDING, EXCEPT FOR ANY RIGHT OF APPEAL PROVIDED BY THE FAA; HOWEVER, ANY PARTY WILL HAVE 30 DAYS TO APPEAL THE AWARD BY NOTIFYING THE ARBITRATION ORGANIZATION AND ALL PARTIES IN WRITING. THE ORIGINALLY SELECTED ARBITRATION ORGANIZATION WILL APPOINT A THREE (3) ARBITRATOR PANEL TO DECIDE ANEW, BY MAJORITY VOTE BASED ON WRITTEN SUBMISSIONS, ANY SECTION OF THE DECISION OBJECTED TO. JUDGMENT UPON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. ALL ARBITRATION HEARINGS WILL TAKE PLACE IN MIDDLESEX COUNTY, NEW JERSEY. SUBJECT TO JJCI PAYING A MAXIMUM OF US $2,500 TOWARDS THE INITIAL ARBITRATION FEES (EXCEPTING FILING FEES), JJCI AND YOU SHALL EQUALLY BEAR ALL ARBITRATION FEES, AND YOU WILL BE RESPONSIBLE FOR PAYING YOUR SHARE OF ANY ARBITRATION ORGANIZATION FEES (INCLUDING FILING, ADMINISTRATIVE, HEARING OR OTHER FEES), BUT ONLY UP TO THE AMOUNT OF THE FILING FEES YOU WOULD HAVE INCURRED IF YOU HAD BROUGHT A CLAIM IN COURT. JJCI WILL BE RESPONSIBLE FOR ANY ADDITIONAL ARBITRATION FEES. YOU MAY REJECT THIS ARBITRATION PROVISION BY SENDING A WRITTEN REJECTION NOTICE TO JJCI AT THE ADDRESS STATED AT THE END OF THIS AGREEMENT. YOU MUST MAIL YOUR REJECTION NOTICE WITHIN 45 DAYS AFTER THE DATE OF THIS AGREEMENT. YOUR REJECTION NOTICE MUST STATE THAT YOU REJECT THIS DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION AND MUST ALSO INCLUDE YOUR NAME, ADDRESS AND PERSONAL SIGNATURE. NO ONE ELSE MAY SIGN THE REJECTION NOTICE ON YOUR BEHALF. IF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, THIS CLAIM RESOLUTION SECTION WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. REJECTION OF THIS ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIES UNDER THIS SECTION OR THE AGREEMENT. REJECTING THIS ARBITRATION PROVISION WILL NOT AFFECT YOUR ABILITY TO USE THE PRODUCT. THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT, ANY LEGAL PROCEEDING TO COLLECT A DEBT, AND ANY BANKRUPTCY.

Privacy

Our collection, use, and disclosure of information that you provide us, or that we collect about you, over this website is subject to our website privacy policy, which can be found at www.scoutforbackpain.com/privacy-policy.html.

Ideas Submissions not Treated Confidentially

JJCI does not accept unauthorized idea submissions outside of established business relationships. To protect its own interests and those of its current clients, JJCI must treat the issue of such submissions with great care. Importantly, without a clear business relationship, JJCI cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate any idea submissions to JJCI not pre-approved by JJCI in a prior express writing through this website. Any ideas disclosed to JJCI outside a pre-existing and documented confidential business relationship are not confidential and JJCI may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. JJCI will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in JJCI’s sole discretion, it will be with the understanding that JJCI assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to JJCI through this website, you agree to be bound by these Terms of Use.

Forward-Looking Statements

This website contains "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. You’re cautioned not to rely on these forward-looking statements. These statements, at the time they were made, were based on then-current expectations of future events.

If underlying assumptions prove or have proven to be inaccurate, or if known or unknown risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from JJCI's expectations and projections contained or reflected in these statements.

These risks and uncertainties include, but are not limited to, economic and financial market factors, such as interest rate and currency exchange rate fluctuations; competition, including technological advances, new products and patents attained by competitors; challenges inherent in product research and development, including uncertainty of clinical success and obtaining regulatory approvals; challenges to patents; the impact of patent expirations; significant adverse litigation or government action, including related to product liability claims; the ability of JJCI to successfully execute strategic plans including restructuring plans; the impact of business combinations and divestitures and the possibility that the expected benefits and opportunities of an acquisition are not realized in the anticipated time frame or at all; changes to applicable laws and regulations including tax laws and global health care reforms; trends toward health care cost containment; changes in behavior and spending patterns or financial distress of purchasers of health care products and services; financial instability of international economies and legal systems and sovereign risk; manufacturing difficulties or delays, internally or within the supply chain; increased scrutiny of the health care industry by government agencies; product efficacy or safety concerns resulting in product recalls or regulatory action; and the potential failure to meet obligations in compliance agreements with government bodies.

A further list and description of these risks, uncertainties and other factors can be found in JJCI’s affiliate, Johnson & Johnson’s most recently filed Annual Report on Form 10-K and Quarterly Report on Form 10-Q, including in the sections captioned "Risk Factors" and “Cautionary Note Regarding Forward-Looking Statements,” and in its subsequent filings with the Securities and Exchange Commission. Copies of these filings are available online at www.sec.gov, on www.jnj.com under “Investors—SEC Filings”, or on request from JJCI.

JJCI assumes no obligation to update any forward-looking statement as a result of new information or future events or developments.

Digital Millennium Copyright Act Notice

Complaints regarding any content or information made available on this website may be made to JJCI’ registered agent for notice under 17 U.S.C. § 512, as registered with the United States Copyright Office, at the following address:

Johnson & Johnson Consumer, Inc.
PO Box 200
Titusville, NJ 08560

Questions

If you have any other questions about these terms of use, please contact us at scouthelp@its.jnj.com.