Terms & Conditions
Legal Terms of Use
Overview
These Terms of Use shall apply to your use of any Alcon Web sites (referred to as "Alcon's Web sites" and the "Web sites").
Alcon's Web sites are owned and operated by Alcon, Inc., a global company based in Hünenberg, Switzerland, and its affiliates (collectively "Alcon"). The Web sites are designed to provide general information about Alcon and its products and services. Nothing contained on Alcon's Web sites is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Should you have a medical condition, promptly see your healthcare provider. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your healthcare provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on Alcon's Web sites. Before using any product or service discussed on the Web sites, please consult your healthcare provider.
In addition, nothing presented here is intended to provide instructions on the use of the products supplied by Alcon. For specific information and instruction relative to Alcon's products and services, please refer to the product labeling supplied with all Alcon products.
Acceptance of Terms
Alcon's Web sites are offered to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Web sites. By using the Web sites, you signify your agreement to the Terms of Use. If you do not agree to all of these Terms of Use, please do not use Alcon's Web sites. Alcon reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Web sites following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.
Alcon's Privacy Policy
Information you provide through Alcon's Web sites is subject to Alcon's Privacy Policy. If you provide any information via the Web sites it shall be deemed that the content is not confidential. Alcon shall be free to use this information. In addition, if you give any feedback to Alcon, it shall be deemed that the content is not confidential. Alcon shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose and to reproduce and disclose the information to third parties without limitation.
Scope of Use
Alcon's Web sites and the information contained in reference herein are for general informational purposes only. Any reproduction or copying of any materials or design elements of the Web sites is strictly prohibited, without the prior written consent of Alcon. Requests for permission to reproduce any information contained on the Web sites should be addressed to Alcon Laboratories, Inc., c/o Corporate Communications, mail code TA-7-5, 6201 South Freeway, Fort Worth, TX 76134 USA.
Notwithstanding the above, Alcon authorizes you to make one (1) electronic or paper copy of the information posted on any page on the Web sites, 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 Alcon's Web sites. Systematic retrieval of data or other content from the Web sites to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Alcon is prohibited.
Government Regulations
Alcon offers products and services to diagnose, prevent and treat diseases of the head and neck, principally the eye, ear and nose. These products, used by healthcare professionals, are regulated by government agencies in each of the countries in which Alcon does business, such as the Food and Drug Administration of the United States, or the Committee on Safety of Medicine in the United Kingdom. Please check with the relevant government agency and regulatory authority for information appropriate in your country.
Alcon's Web sites 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 Alcon's Web sites 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 referent law or regulation in your jurisdiction. Specific questions about the availability and use of products described on Alcon's Web sites should be directed to the office of your local Alcon affiliate.
Links to Third-Party Sites
Alcon's Web sites may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Alcon and Alcon is not responsible for the contents of 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 offering Internet services, products or services on the Linked Site. Alcon accepts no responsibility for any loss or damage that may arise from your use of or reliance on any content products or services available on or through a Linked Site.
Links from Third-Party Sites
You may link to Alcon's Web sites provided you do so in a way that is fair and legal and in accordance with Alcon's Linking Policy.
Alcon reserves the right to withdraw, without notice, your permission to link to the Web sites.
Account, Password, Confidentiality and Security
You may be required to provide an account and password to access portions of Alcon's Web sites. 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 Alcon's Web sites. 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.
No Unlawful or Prohibited Use
As a condition of your use of Alcon's Web sites, you warrant that you will not use the Web sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Web sites in any manner that could damage, disable, overburden, or impair the Web sites or any user of the Web sites, or interfere with any other party's use of the Web sites. You may not 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 Web sites or to intercept or expropriate any system, data or personal information from the Web sites. You also agree that you will not upload, post or transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Web sites to access any third party sites or cause damage to them.
Intellectual Property
You acknowledge and agree that information presented to you through the Alcon Web sites is protected by copyrights, trademarks, service marks, patents 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 Web sites in whole or in part. Any rights not expressly granted herein are reserved.
Notice of Copyright Infringement
Notice of claims of copyright infringement on Alcon's Web sites may be sent to:
Alcon Legal Department: Intellectual Property Counsel
Alcon Laboratories, Inc.
6201 South Freeway
Fort Worth, TX 76134 USAAlcon will endeavor to remove in a timely manner any content which infringes the copyright of any person under the laws of the United States upon receipt of written notice in a manner consistent with the requirements set forth in 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
Trademark and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Alcon or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Alcon or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on Alcon's Web sites confers on you any license or right under any patent or trademark of Alcon or any third party.
Disclaimer of Warranties
All materials, information, products and services included in or available through Alcon's Web sites 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 has made and will continue to make diligent efforts to include accurate and up-to-date information on the Web sites. However, Alcon makes no warranties or representations, express or implied, that the information contained or referenced in the Web sites is accurate, complete, reliable or correct; that the Web sites 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 Web sites, any Linked Site and the contents thereof are at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
Neither Alcon nor any party involved in creating, producing or delivering Alcon's Web sites, 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 Web sites or any Linked Site, or any errors or omissions in the content thereof. Alcon reserves the right to alter the content of the Web sites 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 third party 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.
Indemnification
You agree to defend, indemnify and hold harmless Alcon and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web sites, your use of the Web sites, your violation of the Terms of Use or your violation of any rights of another person or entity.
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 Web sites.
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 Web sites, 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 construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
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.
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 Web sites. 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 Web sites 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.
Termination
Alcon reserves the right, in its sole discretion, to terminate your access to all or part of the Web sites, 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 Web sites.