Last updated April 9, 2019
2. Acceptance of Terms
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
5. Privacy and Confidentiality
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.
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.
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.
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
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
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
20. Choice of Law and Forum
21. Severability and Integration
22. No Waiver