Terms of Use
Terms of Use
Last updated April 9, 2019
1. Overview
The following terms of use (the “Terms of Use”) are a binding legal agreement between you and Alcon Vision LLC, a U.S. company based in Fort Worth, Texas, USA, on behalf of itself and its affiliates under common ownership and control (collectively, “Alcon”). These Terms of Use govern your use of any website operated by or on behalf of Alcon that links to these Terms of Use (the “Websites”).
Depending on where you reside, some provisions of these Terms of Use may not apply to you. The provisions of these Terms of Use shall apply to the maximum extent permitted by applicable local law.
2. Acceptance of Terms
By using the Websites, you signify your agreement to the Terms of Use and warrant that you possess the legal right and ability to use the Websites in accordance with these Terms of Use.
If you do not agree to all of these Terms of Use, you must immediately cease use of the Websites. Alcon reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Websites following an update to these Terms of Use constitutes your acceptance of those updates.
3. Scope of Use
The Websites and the information contained in reference herein are for general informational purposes only. Alcon authorizes you to make one electronic or paper copy of the information posted on any page on the Websites, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Websites. Any other reproduction or copying of any materials or design elements of the Websites without the prior written consent of Alcon is strictly prohibited. Systematic retrieval of data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Alcon is prohibited.
You acknowledge and agree that all content included in the Websites is owned, controlled, or licensed to Alcon and is protected by trade dress, copyright, trademark, service mark, patent or other proprietary rights and laws. Except as expressly authorized by Alcon, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Websites in whole or in part. Any rights not expressly granted herein are reserved. Requests for permission to reproduce any content contained on the Websites should be addressed to Corporate Communications, Alcon Vision LLC, 6201 South Freeway, Fort Worth, TX 76134 USA.
You may not attempt to gain unauthorized access to any portion or feature of the Websites, or any other systems or networks connected to the Websites, or to any Alcon server, or to any of the services offered on or through the Websites, by hacking, password “mining,” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites or any network connected to the Websites. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Websites, or any other customer of Alcon, including any Alcon account not owned by you, to its source, or exploit the Websites or any service or information made available or offered by or through the Websites, in any way where the purpose is to reveal any information other than your own information, as provided for by the Websites.
4. Termination of Access
Alcon reserves the right, in its sole discretion, to terminate your access to all or part of the Websites, with or without notice to you. You agree that Alcon shall not be liable to you or any third party for any termination of your access to the Websites. Upon termination, the provisions of these Terms of Use that, by their nature are intended to survive termination or expiration shall continue to have effect.
5. Privacy and Confidentiality
The Alcon Privacy Policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated by reference. By accepting these Terms of Use you agree to the collection, retention, and processing of your information by the Websites as described in the Privacy Policy.
By using the Websites, you acknowledge that internet transmissions are never completely private or secure. You understand that any message or information you send to the Websites may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If you send any suggestions, inventions, modifications, improvements, concepts, ideas or other feedback (“Feedback”) to Alcon, Alcon will have no obligation to protect or keep the idea confidential. You hereby grant Alcon a perpetual, irrevocable, worldwide, fully paid up and royalty free, transferable and sub-licensable license to the Feedback and all intellectual property and other rights therein to use, modify, develop, create derivative works based on, and otherwise exploit the Feedback in all forms, formats, manners and forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation and/or approval to or from you or any other person or entity, subject to our Privacy Policy. You represent and warrant that you own or otherwise control all rights in and to any such Feedback, and that our publication and use of your Feedback will not infringe the rights of any third party.
6. Purchases
By placing an order goods or services through any of the Websites, you represent that the goods or services ordered will be used only in a lawful manner. Alcon reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Websites, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
If you wish to purchase any products or services made available through the Websites, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information. BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (I) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (II) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying such information, you authorize the use of such information in accordance with our Privacy Policy, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing.
7. Product Information
Alcon offers products to diagnose, prevent and treat medical conditions, particularly medical conditions relating eye health or vision. These products, are regulated by government agencies in each of the countries in which Alcon does business. The Websites contain information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on the Websites should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any relevant law or regulation in your jurisdiction. Specific questions about the availability and use of products described on the Websites should be directed to your local Alcon affiliate.
8. Medical Advice
ALCON IS NOT A HEALTHCARE PROVIDER. Nothing contained on the Websites is intended to be a substitute for professional medical advice, diagnosis or treatment of your medical condition.
Specific questions pertaining to your medical condition and appropriate treatment should be directed to your health care provider. You should never disregard professional medical advice or delay seeking it because of something you have read on the Websites.
IF YOU BELIEVE YOUR MEDICAL CONDITION IS URGENT OR LIFE-THREATENING, CONTACT YOUR LOCAL EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
9. Accuracy of Information
Although we attempt to maintain the integrity and accuracy of the information on the Websites, we make no guarantees as to its correctness, completeness, or accuracy. The Websites may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Websites by third parties without our knowledge. If you believe that information found on the Websites is inaccurate or unauthorized, please inform us by contacting us.
The Websites may contain information, news, and/or press releases about Alcon. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
10. Links to Third-Party Sites
The Websites may contain links to websites owned or operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Alcon, and Alcon is not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of any Linked Site or the content displayed on or through any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Alcon is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by Alcon in favor of any company or any content, goods, or services promoted or offered on the Linked Site. Alcon accepts no responsibility for any loss or damage that may arise from your use of or reliance on any such companies, content, goods, or services. Alcon has no control over, and is not responsible for, your interactions with any third parties. Any transactions agreed upon between you and such third parties are agreements between you and the applicable third party, and Alcon is not party to any such transactions or agreements. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
11. Links from Third-Party Sites
You may link to the Websites provided you do so in a way that is fair and legal. Alcon reserves the right to withdraw, without notice, your permission to link to the Websites.
12. Account, Password, Confidentiality and Security
You may be required to provide an account and password to access portions of the Websites.
When you create an account, you agree to: (i) provide accurate, current, and complete information about yourself; and (ii) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Websites and refuse any and all current or future use of the Websites or any portion thereof.
If you submit personal information relating to other people to us or to our service providers in connection with the Websites, you represent that you have the authority to do so and to permit us to use the information in accordance with the Alcon Privacy Policy.
You agree to be fully responsible for all access, use and activities that occur under your account and password. You are solely responsible for maintaining the confidentiality of your account and password. You must not disclose your account and password to anyone. You must not leave any computer unattended while logged on to any of the Websites. You agree to immediately notify Alcon of any breach of security of your account or password, such as theft, unauthorized use, attempted use, or tampering. You agree to exit and log out from your account at the end of each session. The account and password must not be transferred from the person that it was issued to. Replacement accounts can be obtained from Alcon in Alcon’s sole discretion. You may be held liable for losses incurred by Alcon or any other user of or visitor to the Websites due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.
13. No Unlawful or Prohibited Use
As a condition of your use of the Websites, you warrant that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use. Specifically, you warrant that you will not: (i) use the Websites in any manner that could damage, disable, overburden, or impair the Websites or any user of the Websites, or interfere with any other party's use of the Websites, or interfere with or damage any third party sites or systems; (ii) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Websites or to intercept or expropriate any system, data or personal information from the Websites; (iii) submit, upload, post or transmit any information, communications, or content of any type that (a) infringes or violates any rights of any party, (b) is false, inaccurate, misleading or fraudulent, or (c) violates any applicable law, statute, rule or regulation; (iv) remove any trademark or copyright notices contained in the Websites or their contents; (v) use manual or automated means to trawl, mine, scrape, frame, or mirror the Websites or content; (vi) disassemble, decompile or reverse engineer the Websites or content; or (vii) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Websites or Alcon’s or any third party’s systems, or gain any unauthorized access to such systems.
14. Special Provisions Applicable to Users Outside the United States of America
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department list of Specially Designated Nationals, you may not engage in commercial activities on the Websites.
15. Claims of Copyright Infringement
Claims that content on the Websites is infringing the copyright of a third party should be sent to General Counsel, Alcon Vision LLC, 6201 South Freeway, Fort Worth, TX 76134 USA. Alcon will endeavor to remove in a timely manner any content which infringes the copyright of any person under applicable laws upon receipt of written notice in a manner consistent with the requirements of applicable law.
16. Equitable Relief
You acknowledge that any violation of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy. Therefore, in addition to other rights and remedies otherwise available at law, Alcon shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Alcon seeks any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies. These remedies are in addition to any other remedies Alcon may have at law or in equity.
17. Disclaimer of Warranties
THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALCON MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED OR REFERENCED IN THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT ALL ACCESS TO AND USE OF THE WEBSITES, ANY LINKED SITE AND THE CONTENTS THEREOF ARE AT YOUR OWN RISK.
18. Limitation of Liability
NEITHER ALCON NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES OR CONTENT, OR ANY LINKED SITE, SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITES OR ANY LINKED SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. ALCON RESERVES THE RIGHT TO ALTER THE CONTENT OF THE WEBSITES IN ANY WAY (INCLUDING REMOVING LINKS TO ANY LINKED SITES), AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. IN ADDITION, ALCON EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH A LINKED SITE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ALCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALCON'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ANY EXCLUSION OR RESTRICTION ON LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ALCON'S NEGLIGENCE OR FRAUD WILL NOT APPLY IF IT IS PROHIBITED IN YOUR JURISDICTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
ALCON WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ALCON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT
IN THE EVENT THAT ANY OF THE LIMITATIONS SET OUT IN THESE TERMS OF USE ARE INVALID OR NOT ENFORCEABLE, ALCON'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify and hold harmless Alcon and its directors, officers, agents, and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, arising out of Feedback you submit, post or transmit through the Websites, your use of the Websites, your violation of the Terms of Use or your violation of any rights of another person or entity.
20. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. You and Alcon expressly agree to submit to the exclusive jurisdiction and venue of the courts in Tarrant County, Texas, in all disputes arising out of or relating to the use of the Websites and waive any objection to such jurisdiction or venue.
21. Severability and Integration
Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and Alcon and govern your use of the Websites, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Alcon. If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
22. No Waiver
The failure of Alcon to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.
23. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Alcon as a result of these Terms of Use or your use of the Websites. Nothing contained in these Terms of Use is in derogation of Alcon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by Alcon with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.