Terms of Use & Privacy Policy

Coloplast Corp. Terms of Use®

Online Enrollment for Care® Patient Support Program

Welcome to Coloplast Corp.’s (“Coloplast”) on-line enrollment for its Care® Patient Support Program.   The following terms, together with links to other relevant Coloplast policies, contain the terms and conditions of use (“Terms of Use”) upon which you may use Coloplast’s online Care enrollment portal (“Coloplast® Care Connect”).   It is important that you carefully read these Terms of Use before you start using Coloplast® Care Connect.  By accessing, browsing, or otherwise using Coloplast® Care Connect you acknowledge, accept and agree to abide by these Terms of Use. If you do not agree to these Terms of Use you should not access or use the Coloplast® Care Connect. 

User Account, Password, and Security

In order to obtain access as a user of the Coloplast® Care Connect you are required to provide Coloplast with current, complete and accurate information as prompted by the registration form.   For your security and protection, you agree to periodically update your username or password as and when you are prompted to do so.  Click here to read our Privacy Notice.   You are entirely responsible for maintaining the confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur in your account.  You agree to notify Coloplast immediately of any unauthorized use of your account or any other breach of security.  Coloplast will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.  However, you could be held liable for losses incurred by Coloplast or another party due to someone else using your account or password.  You may not use anyone else’s account.  You must ensure that your access to and use of Coloplast® Care Connect is legal in each jurisdiction in or through which you access, view or otherwise use Coloplast® Care Connect.

 

USE OF THE COLOPLAST® CARE CONNECT, ITS MATERIALS, AND SERVICES

 

Coloplast® Care Connect is protected by United States and other countries’ copyrights, patents, trademarks, trade secrets or other proprietary rights, laws, and international treaty provisions.  Coloplast may have patents, patent applications, trademarks, trade secrets, copyrights, or other intellectual property rights covering subject matter.  Except as expressly provided below or in any written license agreement from Coloplast, your access or use of Coloplast® Care Connect does not give you any license to such copyrights, patents, trademarks, trade secrets, or other intellectual property.  Without limiting the above, the trademarks, logos and service marks (“Marks”) displayed in Coloplast® Care Connect are the property of Coloplast or its licensors or content providers, or other parties and the contents of Coloplast® Care Connect including but not limited to the text and images and their arrangements on Coloplast® Care Connect, its software, technical drawings, configurations, and other files, unless otherwise noted, are the copyrighted material of Coloplast or its affiliates. Coloplast and its affiliates will enforce their intellectual property rights to the fullest extent permitted by law.

 

Without the express written consent of Coloplast, you may not provide your rights under these Terms of Use to anyone else; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of Coloplast® Care Connect; reproduce, duplicate, copy, republish, download, upload, display, perform, frame, transmit, distribute, modify, sell, resell, visit or otherwise exploit Coloplast® Care Connect.

 

Without Coloplast’s express written consent in each instance, you may not:

• Request, or otherwise attempt to obtain, use or store, personal information, passwords, account information or any other type of information of other users;
• Access or use anyone else’s Coloplast® Care Connect account;
• Create a deep-link to Coloplast® Care Connect, using any data mining, robots, or similar data-gathering and extraction tools in connection with Coloplast® Care Connect;
• Inhibit, disrupt, or otherwise prevent anyone from using or accessing Coloplast® Care Connect;
• Act in any manner that disrupts or interrupts users’ real-time experience on Coloplast® Care Connect;
• Hack or deface any portion of Coloplast® Care Connect;
• Interfere with or disrupt Coloplast® Care Connect or servers or network connections to the Care Portal, or disobey any requirements, procedures, policies or regulations of networks connect to Coloplast® Care Connect;
• Attempt to gain unauthorized access to Coloplast® Care Connect, or any feature or portion of Coloplast® Care Connect, any other systems or networks connected to Coloplast® Care Connect or any server related thereto;
• Use Coloplast® Care Connect to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization or individuals appearing on the Denied Persons list.

Any unauthorized use by you of Coloplast® Care Connect and the intellectual property embodied therein may subject you to civil and criminal penalties.

 

Confidential Materials

Certain non-public or trade secret materials found on Coloplast® Care Connect may be marked “confidential” or otherwise be provided in a manner that a reasonable person should understand to be confidential information of Coloplast.  For a period of five (5) years from the time you access this confidential information, you may not disclose this confidential information to any third party.  This restriction will not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed without using or referring to the confidential information of Coloplast.  You may disclose this confidential information if required to comply with a court order or law, or other government demand that has the force of law.  Before doing so, you must seek the highest level of protection available and, when possible, give Coloplast enough prior notice to provide a reasonable chance to seek a protective order.

Content

Information posted on Coloplast® Care Connect, including links to outside content, is not intended to amount to advice on which you should rely.  In accessing Coloplast® Care Connect or anything posted in it, no client, advisory, fiduciary or professional relationship is implied or established with you and, unless otherwise provided in an existing agreement, neither Coloplast nor any other person is, in connection with the Care Portal, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice via Coloplast® Care Connect.

Coloplast disclaims all liability and responsibility arising from any reliance placed on such information by any user of Coloplast® Care Connect or by anyone who may be informed of any of its contents.

Viruses, Hacking and Other Offences

You must not misuse Coloplast® Care Connect by introducing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorized access to Coloplast® Care Connect, including the server on which Coloplast® Care Connect is stored or any server, computer or database connected to the Care Portal.  You must not attach Coloplast® Care Connect via a denial-of-service attachment or a distributed denial of service attack.

By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 and/or other applicable laws.  Coloplast will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use Coloplast® Care Connect will cease immediately.

Coloplast will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Coloplast® Care Connect or to your downloading of any material posted in Coloplast® Care Connect, or on any website linked to it.

Feedback

You have no obligation to provide Coloplast any suggestions, comments or other feedback relating to Coloplast® Care Connect.  However, any feedback you voluntarily provide may be used by Coloplast, which in turn may be relied upon by other third parties to develop their own products.  Accordingly, if you do give Coloplast feedback, you agree:  (a) Coloplast may freely use, reproduce, license, distribute, and otherwise commercialize your feedback, including in any Coloplast product, without any payment or reimbursement to you of any kind; (b) you also grant third parties, without charge, only those intellectual property rights necessary to enable other products to use or interface with any specific parts of a Coloplast product that incorporate your feedback; and (c) you will not give Coloplast any feedback (i) that you have reason to believe is subject to any patent, copyright or other intellectual property claim or right of any third party; or (ii) that is subject to license terms which seek to require any Coloplast product incorporating or derived from such feedback, or other Coloplast intellectual property, to be licensed to or otherwise shared with any third party.

Indemnification

To the extent permitted by applicable federal and state laws and regulations, you agree to defend, indemnify, and hold harmless Coloplast, its parent company, and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by Coloplast (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your use of or access to Coloplast® Care Connect, or that of or any other person to whom you have provided access to your computer system or Coloplast® Care Connect account, (b) your violation or breach of any of the Terms of Use, including but not limited to, any unauthorized use of Coloplast® Care Connect, (c) your violation of any intellectual property rights of Coloplast or any third party, or (d) your disclosure or posting of any personal or patient information, including but not limited to Personal Health Information (PHI).

Coloplast’s Liability

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND COLOPLAST, ALL MATERIALS, SERVICES, AND INFORMATION PROVIDED DIRECTLY ON COLOPLAST® CARE CONNECT OR INDIRECTLY THROUGH COLOPLAST® CARE CONNECT BY HYPERTEXT LINK OR OTHERWISE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  COLOPLAST SHEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE MATERIALS, SERIVCES, AND SUCH INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS AND FITNESS FOR A PARTICULAR PURPOSE.  COLOPLAST  DOES NOT WARRANT THAT THE PORTAL, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COLOPLAST® CARE CONNECT, COLOPLAST SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM COLOPLAST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  COLOPLAST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CARE PORTAL, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COLOPLAST® CARE CONNECT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCDIENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.  TO THE THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, ANTICIPATED SAVINGS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, UNDER ANY THEORY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EVEN IF FORESEEABLE, OF ANY KIND ARISING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON ANY MATERIALS, SERVICES, OR INFORMATION OBTAINED FROM OR THROUGH THIS PORTAL.  YOU EXPRESSLY AGREE THAT YOUR USE OF COLOPLAST® CARE CONNECT, MATERIAL, AND SERVICES IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Your sole and exclusive remedy is to discontinue using and accessing Coloplast® Care Connect.  The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if Coloplast has been advised of the possibility of such claims, losses, costs or damages.

GOVERNING LAW

To the fullest extent permitted by law, these Terms of Use will be governed by and construed in accordance with the laws of the state in which user resides as well as the federal laws of the United States of America, without giving effect to its conflict of laws provisions.  Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to any Coloplast product, shall be subject to the exclusive jurisdiction of state or federal courts located in Hennepin County, Minnesota.  Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises.

OTHER

These Terms of Use constitute the entire agreement between you and Coloplast governing your use of Coloplast® Care Connect.  Should any provision in these terms be found invalid or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of the remaining provisions.  If you breach these Terms of Use and we take no action, we shall still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.  You agree that any claim arising out of or related to these Terms of Use or your use of Coloplast® Care Connect must be filed within one (1) year after it arose or be permanently barred.

If any provision of these Terms of Use is found to be invalid or unenforceable by  a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Coloplast regarding the use of Coloplast® Care Connect.

All rights not expressly granted in these Terms of Use are reserved by Coloplast.  Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark, or other intellectual right of Coloplast or any other person or entity.

TERMINATION

Coloplast reserves the right to terminate your access to Coloplast® Care Connect at any time, without notice, for any reason whatsoever.