ACUVUE^® Website Terms of Use

This website is provided to you under these “Terms of Use" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be published from time to time by Johnson & Johnson Medical Limited, a company registered in Scotland with registration number SC132162, whose registered address is Baird House, 4, Lower Gilmore Bank, Edinburgh, Scotland, EH3 9QP or one of its affiliated companies (“Company”, “we”, “us” or “our”).

This Agreement is between you and the Company concerning your use of the Johnson & Johnson Family of Companies United Kingdom website located at www.jnj.co.uk.

Your use of this Site, or any other services or content provided through the Site, shall be deemed to constitute your consent to be legally bound by the terms and conditions of the Agreement, which shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you do not access or use the Site or post or submit any materials on it.

Site Intended Audience

This Site is intended for and directed to residents of the United Kingdom and Ireland only. This Site is not intended for anyone under the age of 18 years old. You affirm that you are of legal age to enter into this Agreement.

1. Company’s Proprietary Rights

You understand that the Site is available for your personal, non-commercial use only. You acknowledge and agree that the Site and all intellectual property rights in the Site, belong to us or our licensors. You have no right in or to the Site other than the right to access them in accordance with this Agreement. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Site for any business purposes or other purposes not authorized under this Agreement. We reserve the right to refuse or terminate access to the Site at our discretion. The Site is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to them and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Site.

You may not copy, change or reuse the Site, any updates to them or any part of them including the software incorporated in them.

You acknowledge that the brand names, trademarks and service marks and any associated logos (collectively, “Marks”) on the Site are the property of the Company, its affiliate companies or third parties. You may not use or display any Marks owned by us or our affiliate companies without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Site without the permission of their owners.

You may use this Site only for lawful purposes and in accordance with this Agreement. You are granted a non-exclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from the Site for your personal, non-commercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Site in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of the Company.

2. Information Disclaimer

THE INFORMATION INCLUDING ANY ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SITE 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 SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.

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 SITE. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SITE 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 SITE.

3. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

4. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.

THE COMPANY DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ANY OF OUR AFFILIATE COMPANIES WITHIN THE JOHNSON & JOHNSON FAMILY OF COMPANIES WORLDWIDE.

5. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of the Agreement; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that any of your Submissions infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.

6. Linking and framing

Links to this Site are only permitted to the homepage. Deep-linking is not permitted. In addition, hot-linking, in-line linking, framing of this Site or any other method of incorporating parts of this Site in your website or the website of a third party is equally prohibited. Any exception requires the prior written consent of the Company.

7. Third Party Materials; Links

The Site may reference or allow access to third-party information, products, services and other materials, including Submissions, and including any access via third-party website links (collectively, “Third Party Materials”). These links are provided for your convenience only. We do not control or endorse, and are not responsible for, any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials at any time. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Company. 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.

8. Submissions

You and other Site users may be permitted to make available certain information or materials (each, a “Submission”) on or through the Site. We have no control over and are not responsible for any Submissions you chose to make, any use or misuse by any third party of Submissions or for your interactions with other Site users. Site users are ultimately responsible for their own actions and Submissions are made entirely at their own risk.

You acknowledge that any forums contain the opinions and views of other users. You acknowledge further that we are not responsible for the accuracy of any Submissions on the Site. You understand and agree that all Submissions are the sole responsibility of the person who posted the Submission. You understand and agree that you will evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission.

Submissions must be appropriate for the Site. Without limiting the reasons for which Submissions may be rejected by us, we may reject, edit or remove any Submission that does not comply with this Agreement or any additional instructions that we provide – or may provide in the future - which you must read prior to posting any submissions on the Site.

9. Our Right to Use Submissions

Nothing in this Agreement transfers any ownership rights in your Submissions. For each Submission, you grant to us and our affiliated entities a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) right and license, without additional consideration to you or any third party, to use, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyse and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials and advertising).

We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any Submission for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to us any ideas, suggestion or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of Submissions. When you submit Submissions, you understand and agree that, subject to our Privacy Policy, we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Site and on any affiliate or successor site or social media channels owned or operated by us or our affiliates. If we make use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how we use them.

In addition, if you provide to us any ideas, proposals or suggestions (“Feedback”), we will deem such Feedback a Submission. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback.

You confirm that (a) you have all rights necessary to grant the licenses granted in this section and are entitled to post or submit the Submission, (b) your Submissions are complete and accurate and you are solely responsible for all Submissions that you submit for posting, and (c) your Submissions and your provision of them to us are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive (and consent to us performing any acts or omissions in relation to your Submissions and associated materials that may be inconsistent with) any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your Submission that you may have under any applicable law.

We may impose a maximum amount of storage for Submissions on the Site. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other Submission associated with maintaining the maximum amount of storage.

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site or analyse your access to or use of the Site. We may disclose information regarding your access to and use of the Site, the circumstances surrounding the transmission of Submissions, and personal information regarding users who make Submissions available, in each case in accordance with applicable law or a request by a court or law enforcement or other governmental authority, or otherwise in accordance with our Privacy Policy.

10. Acceptable Use and Rules of Conduct

You must not:

• Post, transmit or otherwise make available through or in connection with the Site 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) illegal, 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.
• Post, transmit or otherwise make available through or in connection with the Site 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”).
• Use the Site for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
• Use the Site for any purpose that is fraudulent or otherwise unlawful.
• Collect information about users of the Site in any way, including through reverse engineering.
• Interfere with the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site, or violate any requirement or policy of such servers or networks.
• Restrict or inhibit any other person from using the Site.
• 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 Site except as expressly authorized under this Agreement, without our express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Site.
• Incorporate any portion of the Site into any product or service, without our express prior written consent.
• Systematically download and store Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.
• Use this Site in any manner that could disable, overburden, damage, or impair this Site, or interfere with any other use of this Site, including, any user's ability to engage in real-time activities through this Site.

You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to use the Site.

11. Privacy and Information Submitted Through the Site

Your submission of information through your use of the Site is governed by our Privacy Policy and Cookie Policy, located on the Site. Our Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information.

Information communicated by you through the Site may constitute an electronic communication. When you communicate with us through the Site 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.

12. Products.

The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. We attempt to describe the items available on the Site as accurately as possible and to depict the most up-to-date product packaging available. We make no warranties or representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein) or that product packaging depicted will match the actual Product that you receive. Such information and the availability of any Product are subject to change at any time without notice.

13. Forward-Looking Statements

Statements appearing on the Site that concern us, our affiliates or our and their management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations, markets, products, services and prices. We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Site.

14. Additional Terms.

Additional terms may govern certain features or content of the Site, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity as part of the Site governed by additional terms, such as a prize draw, competition, contest or sweepstakes with Official Rules, you agree that you will be subject to those additional terms in addition to this Agreement.

15. Third Party Claims.

If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right, then, to the fullest extent permitted by applicable law, you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including legal fees) incurred by the Company any of our affiliate companies within the Johnson & Johnson family of companies worldwide.

16. Information or Complaints.

If you have a question or complaint regarding the Site, please use the relevant link in the “Contact Us” section of the Site.

17. Jurisdictional Issues

The Site may not be appropriate or available for use in some jurisdictions and is intended only for residents of the United Kingdom and Ireland. Other countries may have laws, regulatory requirements, or medical practices that differ from those in the United Kingdom or Ireland. Any use of the Site 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 Site 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 Site or to implement reasonable technical adjustments).

18. Governing Law; Jurisdiction

Unless otherwise prescribed by applicable law, this Agreement and the resolution of any dispute related to the Agreement, the Site and any non-contractual obligations arising out of or in connection with this Agreement, is governed by and shall be construed in accordance with the laws of England and Wales, without regard to its principles of conflicts of law, and regardless of your location. All disputes between you and us arising out of or related to the Site or this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

19. Other Important Terms.

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision or part-provision will be deemed severable from this Agreement 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 this Agreement without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement 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 Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Agreement, 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 Agreement) may be made via posting to the Site. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement 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 fulfil any obligation due to any cause beyond its control.

20. Modification or Suspension of the Site

We will make reasonable efforts to make the Site available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Site or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.

21. Our Right to Make Changes

We may make changes to this Agreement from time to time in our sole discretion, by updating these Terms of Use on this Site, and specifying the effective date of the new version of the Terms of Use. Your continued use of the Site following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit this Site, you should check to see if a new version of the Agreement has been posted.