Terms of Use

Effective Date: May 15, 2024

These terms apply to the MONARCH Gateway. Please read and acknowledge these terms (the “Terms”) carefully before accessing or using the MONARCH Gateway and related content, services and tools with which you are accessing these Terms (collectively, the “Services”).

The Terms govern your use of to the Services made available to you as an authorized user of your Institution (as defined below). Your healthcare institution has entered into a purchase agreement for a MONARCH Platform that includes access and use of the Services (“PA”), (“Institution”).

By clicking or tapping “OK” or “Agree” (or a similar term) in connection with these Terms, or by using the Services, you agree to these Terms and represent that you are duly authorized by your Institution to access and use the Services. We recommend that you print a copy of these Terms for future reference. We retain the right to make changes, as outlined below.

If you are not willing to accept these Terms, Auris Health, Inc. (“Company” or “we” or “us” or “our”) we ask that you not access or use the Services or post or submit any materials on it, order any items, or download any materials from it.

We may change these Terms Notice from time to time (for any reason, such as changes in the functions or services offered by these Services or to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available revised Terms through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with these Terms or your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed.

To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by through the Services); charge, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on your use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us to use the Services.

You have no right in or to the Services other than the right to access them in accordance with these Terms. Subject to your compliance with, and solely for the duration of, these Terms, you may access the Services on any single device, solely for the use authorized by your Institution under the PA. If you fail to comply with these Terms, you must immediately cease using the Services. You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to use the Services and for maintaining the security of any hardware, telecommunications or services used to access the Services.

You must not:

  1. Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  2. Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
  3. Use the Services for any purpose not authorized by your Institution under the PA.
  4. Use the Services for any purpose that is fraudulent or otherwise unlawful.
  5. Collect, monitor, extract or copy information about users of the Services in any way, including through reverse engineering.
  6. Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services or interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.
  7. Restrict or inhibit any other person from using the Services, including using the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's use of the Services or use any device, software or routine that causes the same.
  8. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized under these Terms, including using cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services, without our express prior written consent.
  9. Reverse engineer, decompile or disassemble any portion of the Services, (including any underlying idea or algorithm), or attempt to do any of the same, except where such restriction is expressly prohibited by applicable law.
  10. Remove any copyright, trademark or other proprietary rights notice from the Services.
  11. Incorporate any portion of the Services into any product or service, without our express prior written consent.
  12. Systematically download and store Services content.
  13. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.
  14. Use the Services in any way not expressly permitted by these Terms.

Certain content may be made explicitly available for download through the Services (“Downloadable Services Content”). To the extent you choose to download such Downloadable Services Content through the Services, we hereby grant you non-exclusive, non-transferable, non-sublicensable limited permission to use such Downloadable Services Content solely to promote and educate patients about yours or your Institution’s use of the MONARCH Platform, subject to the following additional limitations set forth:

  1. We reserve the right to withdraw this permission to the Downloadable Services Content, with or without cause, at any time immediately upon written notice to you.
  2. You will not and will not permit others to modify the Downloadable Services Content in any way, including cropping, changing the coloring, adding text or graphics, increasing the resolution, or removing any copyright or trademark notices included therein.
  3. You will not and will not permit others to use the Downloadable Services Content together with defamatory or otherwise unlawful or immoral content.
  4. You will not and will not permit others to use the Downloadable Services Content in a manner that infringes upon any third party’s trademark, copyright, or other intellectual property rights, or that would give rise to a claim of deceptive advertising, unfair competition, or violation of right of publicity or privacy or any other proprietary right.
  5. You will not and will not permit others to make available the Downloadable Services Content on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Downloadable Services Content to any third party.
  6. You will not and will not permit others to use the Downloadable Services Content in connection with any off-label promotion of the MONARCH Platform.
  7. You will not and will not permit others to use the Downloadable Services Content on any social media platform or other third-party website that claims to acquire rights in content as a result of such use.
  8. You will not and will not permit others to use the Downloadable Services Content, or any part thereof, as a trademark or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services, except in connection with the MONARCH Platform.
  9. You will not and will not permit others to falsely represent, expressly or by way of reasonable implication, that the Downloadable Services Content was created or is owned by you, your Institution, or anyone other than us or our affiliates.

Notwithstanding anything to the contrary in these Terms or the PA, you and your Institution agree to indemnify and hold harmless us, our affiliates, officers, employees, shareholders, directors, managers, members, and suppliers for any losses, liabilities, or damages arising from any use of the Downloadable Services Content other than as expressly permitted by these Terms.

THE SERVICES MAY BE A REGULATED SERVICE, THE SPECIFIC AND MOST UP TO DATE INSTRUCTIONS FOR USE OF WHICH CAN BE FOUND AT INSTRUCTIONS FOR USE. YOU AGREE TO ONLY USE THE SERVICES IN LINE WITH ITS INSTRUCTION FOR USE.

THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SERVICES IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. 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 DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES.

WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, OR OTHER MATERIAL PROVIDED AS PART OF THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SERVICES TO BE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED AS PART OF THE SERVICES.

EXCEPT AS SET EXPRESSLY FORTH IN THE PA WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS EXTENDED TO YOU UNDER THESE TERMS.

You may be permitted to make available certain information or materials (each, a “Submission”) in connection with the Services. We have no control over and are not responsible for any Submissions, any use or misuse by any third party of Submissions or for your interactions with other users. Users are ultimately responsible for their own actions. If you choose to make your personal or other information publicly available through the Services, you do so at your own risk. Our right to use any Submissions is subject to the terms and conditions of the PA.

In order to operate and provide the Services, we may collect certain information about you. We use and protect that information in accordance with the Privacy Policy (a current version of which can be found at https://www.jnjmedtech.com/en-US/policies-privacy.)

We and our suppliers own the Services, which are protected by proprietary rights and laws, including all of our brand names, trademarks and service marks and any associated logos. All trade names, trademarks, service marks and logos (collectively, “Marks”) on the Services not owned by us are the property of their respective owners. You may not use our Marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any manner other than any limited permission explicitly provided by these Terms (including in connection with the Downloadable Services Content). Nothing contained in the Services should be construed as granting any right to use any Marks without the express prior written consent of the owner.

If you believe in good faith that materials available on the Services infringe your copyright, you may write to us and request that we remove such material or block access to it. Please be precise about the identity and location of the allegedly infringing materials. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a written counter-notice. Notices and counter-notices must be sent by e-mail to domaincentral@its.jnj.com. In the United States, in addition to contacting us by e-mail, the Company’s Agent for complaints related to the Digital Millennium Copyright Act (DMCA) can be reached in writing at the following address:

Trademark Law Department
Johnson & Johnson
One Johnson & Johnson Plaza
New Brunswick, NJ 08933

This address may also be used to contact us about copyright infringement claims in jurisdictions outside of the United States, or you may contact us by email to domaincentral@its.jnj.com.

IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES. THE SERVICES ARE MADE AVAILABLE TO YOU PURSUANT TO THE PA BETWEEN US AND YOUR INSTITUTION, SOLELY FOR THE BENEFIT OF YOUR INSTITUTION AND AT YOUR INSTITUTION’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY WE OR OUR AFFILIATES, OR ANY OF OUR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SERVICES SHALL BE SOLELY TO YOUR INSTITUTION PURSUANT TO THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.

You may stop using the Services, and thereby terminate these Terms, at any time. We may terminate or suspend your use of the Services if you do not comply with these Terms, engage in any fraud or abuse, or if you or anyone using your account makes any misrepresentation to us. We reserve the right to suspend or terminate your access to the Services at any time based on any change in your status as an authorized user of your Institution under the PA.

Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of termination or suspension, provided that if we reasonably believe that you have materially breached these Terms, we may immediately terminate or suspend you. Upon any termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without obligation to provide further access to such materials. Your obligations under these Terms shall survive any expiration or termination of these Terms.

The Services are solely intended for and directed to residents of the United States. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose, in our sole discretion, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect the security of the Services or to implement reasonable technical adjustments).

The Services may allow access to third party information, products, services and other materials, including Submissions (collectively, “Third Party Materials”). We do not control or endorse, and are not responsible for, any Third Party Materials linked from the Services, including the accuracy, content, or availability of information, products, or services found the Third Party Materials. We cannot ensure that you will be satisfied with any products or services that you purchase from third parties, including through links from the Services to Third Party Materials. We also do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, including through Third Party Materials linked to the Services. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials at any time. Your access or use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such materials.

15.1 Export Controls. The Services are subject to U.S. export controls restrictions. We will not knowingly make the Services available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanction (currently Cuba, Iran, Sudan, Syria, and the Crimea region of Ukraine) (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

15.2 Other Important Terms. This Notice does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Notice is between you and us. Except as set forth in the PA, no other person shall have any rights to enforce any of these Terms. If any provision of these Terms are found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Notice shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and us relating to the subject matter of these Terms, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Notice) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.

15.3 Electronic Communications. The information communicated as part of the Services may constitute an electronic communication. When you communicate with us through the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and Anti-Spam laws, 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.

15.4 Separately Licensed Third-Party Technology. You acknowledge that the Services include separately licensed third-party technology. We will provide a list of separately licensed third-party technology upon your request. To the extent separate terms prohibit any of the restrictions in these Terms with respect to separately licensed third-party technology, those restrictions will not apply to the separately licensed third-party technology. To the extent separate terms require us to make an offer to provide source code or related information in connection with the separately licensed third-party technology, such offer is hereby made. Any request for source code or related information should be directed to: MonarchSupport@its.jnj.com. You acknowledge receipt of notices for the separately licensed third-party technology for the initial delivery of the Services.

15.5 Information or Complaints. If you have a question or complaint regarding the Services, please send that to MonarchSupport@its.jnj.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15.6 Policy on Human Trafficking. We fully support the elimination of human trafficking and slavery, including from the supply chain and do not tolerate trafficking in persons. In pursuit of this goal, we have enacted a Human Trafficking Policy, which is available here: https://www.jnj.com/about-jnj/policies-and-positions/human-trafficking-policy.