Legal Terms of Use
This website (“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 posted by AMO Canada Company or one of its affiliated companies (collectively, “Site Owner,” "we", "us") from time to time. Your use of this Website, or any other services or content provided through the Website, 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 not access or use the Website or post or submit any materials on it.
Website Intended Audience
This Website is intended for and directed to residents of Canada. This Website is not intended for anyone under the age of 13.
Information Disclaimer
THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. 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 WEBSITE.
WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE WEBSITE 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 ON THE WEBSITE.
Ownership
You agree that the Website is the property of the Site Owner; including all intellectual property rights in it and that you have no right to use them other than as set out in these Terms of Use. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Website for any business purposes or other purposes not authorized under these Terms of Use. We reserve the right to refuse or terminate access to the Website at our discretion. The Website 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 Website.
You may not copy, change or reuse the Website, any updates to them or any part of them including the software incorporated in them.
You may use this Website only for lawful purposes and in accordance with these Terms of Use. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from the Website for your personal, noncommercial 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 Website in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Site Owner.
In addition, you agree not to: (i) use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, any user's ability to engage in real-time activities through this Website; (ii) use any robot, spider or other automatic device, process or means to access this Website for any purpose, including to scrape, data mine, monitor or copy any of the material on this Website; (iii) use any manual process to monitor or copy any of the material on this Website, or to engage in any other unauthorized purpose without the express prior written consent of Site Owner; (iv) otherwise use any device, software or routine that interferes with the proper working of this Website; or (v) otherwise attempt to interfere with the proper working of this Website.
We reserve all rights not expressly granted to you.
Your Account and Password
When you first register to use the Website you may be prompted to create a password. You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else’s password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
Privacy and Consent to Use Data
The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. Our Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information.
Electronic Communications
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website 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 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.
Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE OWNER 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.
SITE OWNER DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SITE OWNER MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 SITE OWNER OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, 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 WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (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 WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER 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.
Trademark Notices
The trademarks and brand names displayed on this Website are the property of Site Owner, its affiliates or third party owners. You may not use or display any trademarks or service marks owned by Site Owner without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Modification or Suspension of the Website
We will make reasonable efforts to make the Website available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Website 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.
Termination
We may at any time terminate your use of or access to the Website and may delete any or all of your User Content without prior notice if we have a good reason to do so which includes any breach by you of these Terms of Use and the Community Guidelines. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website in these circumstances. In the event of any termination you must stop using the Website and you agree that the provisions of the Agreement regarding Ownership, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Links to Third Party Sites
This Website may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. 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 Site Owner. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites.
Indemnification
You agree to indemnify and hold harmless Site Owner 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 these Terms of Use; (b) your use of this Website including without limitation transmission or placement of information or material by you on this Website; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
Modifications to these Terms
We may make changes to the Terms of Use from time to time in our sole discretion, by updating these Terms of Use on this Website, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
Contact Information
If you have any questions or concerns with respect to these Terms of Use or the Website you may contact us as identified in the Privacy Policy or the “Contact Us” section of this Website.
Severability of Agreement
Should any part or provision of these Terms of Use be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Survival
All Sections shall survive the termination of the right to use the Website.
Applicable Law and Jurisdiction
The information on the Website is intended only for use by residents of Canada. Other countries may have laws, regulatory requirements, or medical practices that differ from those in Canada. The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website, and any non-contractual obligations arising out of or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of Ontario, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Site Owner and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Ontario, and you agree to submit to the personal and exclusive jurisdiction of such courts.
End User Notice of Restrictions & Requirements
Please read and acknowledge this document (the “Notice”) carefully before using the Johnson & Johnson Vision Chime Connect site located at vision.jjcustomerconnect.com/store (the “Site”) and related content, services and tools in connection with which you are accessing this document (collectively, the “Services”).
By clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Notice, or by using this Site, you agree to this Notice and represent that you are duly authorized by your Institution to access and use this Site. We recommend that you print a copy of this Notice for future reference. We retain the right to make changes, as outlined below.
If you are not willing to accept this Notice, we ask that you not access or use this Site or post or submit any materials on it or order any items from it.
1. Our Right to Make Changes
We may change this Notice from time to time (for any reason, such as changes in the functions or services offered by this Site or to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Notice through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Notice incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Notice or your use of the Site following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Notice was 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 Site (e.g., to reflect changes in the relevant laws, to protect the security of the Site or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Site); or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of any modifications that will have a material adverse effect on your use of the Site, taken as a whole.
2. Right to Use the Site
You have no right in or to the Site other than the right to access this Site in accordance with this Notice. Subject to your compliance with, and solely for the duration of, this Notice: we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to access and use the Site to (i) place and remit payment for orders for Products, (ii) renew orders for Products, (iii) track orders for Products, (iv) instigate returns and disputes of certain Products and Invoices, (v) search for Product information and (vi) subscribe to automated notifications. This license does not include any resale of any Products, any downloading, copying or other use of the Site for the benefit of any third party or any use of data mining, robots, or similar data gathering and extraction tools. Order placement, tracking and reordering are subject to product availability and acceptance by us. We reserve the right to refuse or cancel orders. You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to access and use the Site. This Site is intended for and directed to residents of Austria, Brazil, Canada, France, Germany, Ireland, Italy, Netherlands, Switzerland and UK. You affirm that you are 18 years of age or older. This Site is not intended for anyone under the age of 18.
3. Acceptable Use Policy (“AUP”)
You must not:
i. 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) 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.
ii. 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”).
iii. Use the Site for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
iv. Use the Site for any purpose that is fraudulent or otherwise unlawful.
v. Collect, monitor, extract or copy information about users of the Site in any way, including through reverse engineering.
vi. Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site or 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.
vii. Restrict or inhibit any other person from using the Site, including using the Site in any manner that could disable, overburden, damage, disrupt or impair the Site or interfere with any other party's use of the Site or use any device, software or routine that causes the same.
viii. 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 Notice, including using cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site, without our express prior written consent.
ix. Reverse engineer, decompile or disassemble any portion of the Site, (including any underlying idea or algorithm), or attempt to do any of the same, except where such restriction is expressly prohibited by applicable law.
x. Remove any copyright, trademark or other proprietary rights notice from the Site.
xi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Johnson & Johnson without express written consent. You may not use any meta tags or any other "hidden text" utilizing Johnson & Johnson's name or trademarks without the express written consent of Johnson & Johnson.
xii. Incorporate any portion of the Site into any product or service, without our express prior written consent.
xiii. Systematically download and store Site content.
xiv. 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.
xv. Use the Site in any way not expressly permitted by this Notice.
4. Responsibility for Your Account
Your Institution is responsible for all transactions executed by their individual authorized user. As an authorized you, you accept responsibility as an agent for the Institution with which they are associated and hereby represents that Institution in all transactions with this site using their individual ID and password. You are advised to print out and retain a copy of the order confirmation screens relating to any transactions made through the Site. You are responsible for the following:
i. check the accuracy of the information submitted;
ii. maintaining the confidentiality of your account and password;
iii. log-off from the Site upon completion of transactions, change your password on a regular basis and whenever you suspect your password may be compromised;
iv. You must promptly notify us of any unauthorized use of your credentials or account of which you become aware; and
v. contact JOM or JJHCS to request your Site access be terminated when your job function changes such that access is no longer required.
5. Purchase Order Terms and Pricing
If the Institution does not have a written agreement with any of our Affiliates then the General terms and conditions of Sale or of our Affiliates’ standard invoice terms shall be controlling. Because of the nature of information systems, the pricing information contained in our Affiliate company's order processing system is considered definitive and will be used for pricing and invoicing your orders. The pricing information on this site has been provided solely for your information and convenience. Please note that the pricing information shown may be further subject to taxes and other charges as well as discounts.
i. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account or Institution.
ii. It is illegal to conduct transactions with invalid credit cards and/or invalid purchase orders.
iii. Please refer to the information made available after logging in to the Site prior to ordering or contact Customer Service for further information.
6. Disclaimers
The Site is for informational purposes only and is intended solely for the purpose of ordering products. The Site does not provide medical advice and does not substitute for medical advice, diagnosis or treatment by a qualified medical professional.
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.
THE SITE is provided on an “as Is” and “as available” basis. We do not warrant that the services will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the Site is free of viruses or other harmful components.
7. Content
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 Master Agreement.
8. Privacy Policy
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.
9. Proprietary Rights
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 or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any Marks without the express prior written consent of the owner.
10. Copyright
If you believe in good faith that materials available on the Services infringe your copyright, you may write to us by mail 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 through the link at Contact Us.
11. Liability
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 MASTER AGREEMENT 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 MASTER 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 MASTER AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
12. Termination
You may stop using the Services, and thereby terminate this Notice, at any time. We may terminate or suspend your use of the Services if you do not comply with this Notice, 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 Master Agreement.
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 this Notice, 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 user name, password and account, and all associated materials, without obligation to provide further access to such materials. Your obligations under this Notice shall survive any expiration or termination of this Notice.
13. Jurisdictional Issues
The Services are solely intended for and directed to residents of Austria, Brazil, Canada, France, Germany, Ireland, Italy, Netherlands, Switzerland and UK. 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).
14. Third Party Materials
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. General
15.1. Acknowledgements. The Site is owned by Johnson & Johnson Surgical Vision, Inc., with offices at 31 Technology Drive, Irvine, US-CA, 92618, USA. Any and all Services are made subject to the Master Agreement between the applicable Johnson & Johnson Affiliate and the Institution.
16.2 Export Controls. You shall comply with all applicable import, customs, export controls, and trade and economic sanctions laws, rules and regulations, including but not limited to applicable U.S., EU, UK, and Swiss related rules (together hereinafter “Trade Restrictions”). You shall not, without first obtaining all necessary government authorizations required to comply with any Trade Restrictions, source, procure, import, sell, export, re-export, transfer, transmit or release any goods, material, services, software, or technology covered by this Agreement. You agree to reasonably assist us in complying with the Trade Restrictions including but not limited to providing documentation as required for recordkeeping purposes and notifying us any such Trade Restrictions. You shall not do anything which may cause us to be in breach of applicable Trade Restrictions.
16.3 Down Time Statement. This Site makes every effort to keep Services available to Institutions; however, system availability is subject to downtime caused by system maintenance and processing. This Site cannot be held liable for orders placed during system downtime.
16.4 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 Section 9 (Copyright), no other person shall have any rights to enforce any of the terms of this Notice. If any provision of this Notice is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Notice 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 Notice without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Notice without restriction. No waiver by either party of any breach or default under this Notice 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.” This Notice, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Notice, 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 this Notice and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Notice 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.
16.5 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. We shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.
16.6 Risk of Loss. All purchases of Products are made pursuant to the terms of the Master Agreement. This means that the risk of loss and title for such items pass in accordance with the terms of the Master Agreement.
16.7 Product Descriptions. We attempt to be as accurate as possible. However, we do not warrant that Product descriptions are accurate, complete, current or error-free. The site may also contain typographical errors. We will not be held liable for typographical errors.
16.8 Agents. Use of software or services that take autonomous or semi-autonomous action on or behalf of or at the instruction of any person or entity are strictly prohibited on this site (including but not limited to all artificial intelligence agents).
16.9 Information or Complaints. If you have a question or complaint regarding the Services, please use the links available the at Contact Us.
End User Notice of Restrictions & Requirements
Please read and acknowledge this document (the “Notice”) carefully before using the Johnson & Johnson Vision Chime Connect site located at vision.jjcustomerconnect.com/store (the “Site”) and related content, services and tools in connection with which you are accessing this document (collectively, the “Services”).
By clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Notice, or by using this Site, you agree to this Notice and represent that you are duly authorized by your Institution to access and use this Site. We recommend that you print a copy of this Notice for future reference. We retain the right to make changes, as outlined below.
If you are not willing to accept this Notice, we ask that you not access or use this Site or post or submit any materials on it or order any items from it.
1. Our Right to Make Changes
We may change this Notice from time to time (for any reason, such as changes in the functions or services offered by this Site or to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Notice through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Notice incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Notice or your use of the Site following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Notice was 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 Site (e.g., to reflect changes in the relevant laws, to protect the security of the Site or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Site); or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of any modifications that will have a material adverse effect on your use of the Site, taken as a whole.
2. Right to Use the Site
You have no right in or to the Site other than the right to access this Site in accordance with this Notice. Subject to your compliance with, and solely for the duration of, this Notice: we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to access and use the Site to (i) place and remit payment for orders for Products, (ii) renew orders for Products, (iii) track orders for Products, (iv) instigate returns and disputes of certain Products and Invoices, (v) search for Product information and (vi) subscribe to automated notifications. This license does not include any resale of any Products, any downloading, copying or other use of the Site for the benefit of any third party or any use of data mining, robots, or similar data gathering and extraction tools. Order placement, tracking and reordering are subject to product availability and acceptance by us. We reserve the right to refuse or cancel orders. You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to access and use the Site. This Site is intended for and directed to residents of Austria, Brazil, Canada, France, Germany, Ireland, Italy, Netherlands, Switzerland and UK. You affirm that you are 18 years of age or older. This Site is not intended for anyone under the age of 18.
3. Acceptable Use Policy (“AUP”)
You must not:
i. 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) 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.
ii. 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”).
iii. Use the Site for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
iv. Use the Site for any purpose that is fraudulent or otherwise unlawful.
v. Collect, monitor, extract or copy information about users of the Site in any way, including through reverse engineering.
vi. Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site or 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.
vii. Restrict or inhibit any other person from using the Site, including using the Site in any manner that could disable, overburden, damage, disrupt or impair the Site or interfere with any other party's use of the Site or use any device, software or routine that causes the same.
viii. 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 Notice, including using cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site, without our express prior written consent.
ix. Reverse engineer, decompile or disassemble any portion of the Site, (including any underlying idea or algorithm), or attempt to do any of the same, except where such restriction is expressly prohibited by applicable law.
x. Remove any copyright, trademark or other proprietary rights notice from the Site.
xi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Johnson & Johnson without express written consent. You may not use any meta tags or any other "hidden text" utilizing Johnson & Johnson's name or trademarks without the express written consent of Johnson & Johnson.
xii. Incorporate any portion of the Site into any product or service, without our express prior written consent.
xiii. Systematically download and store Site content.
xiv. 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.
xv. Use the Site in any way not expressly permitted by this Notice.
4. Responsibility for Your Account
Your Institution is responsible for all transactions executed by their individual authorized user. As an authorized you, you accept responsibility as an agent for the Institution with which they are associated and hereby represents that Institution in all transactions with this site using their individual ID and password. You are advised to print out and retain a copy of the order confirmation screens relating to any transactions made through the Site. You are responsible for the following:
i. check the accuracy of the information submitted;
ii. maintaining the confidentiality of your account and password;
iii. log-off from the Site upon completion of transactions, change your password on a regular basis and whenever you suspect your password may be compromised;
iv. You must promptly notify us of any unauthorized use of your credentials or account of which you become aware; and
v. contact JOM or JJHCS to request your Site access be terminated when your job function changes such that access is no longer required.
5. Purchase Order Terms and Pricing
If the Institution does not have a written agreement with any of our Affiliates then the General terms and conditions of Sale or of our Affiliates’ standard invoice terms shall be controlling. Because of the nature of information systems, the pricing information contained in our Affiliate company's order processing system is considered definitive and will be used for pricing and invoicing your orders. The pricing information on this site has been provided solely for your information and convenience. Please note that the pricing information shown may be further subject to taxes and other charges as well as discounts.
i. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account or Institution.
ii. It is illegal to conduct transactions with invalid credit cards and/or invalid purchase orders.
iii. Please refer to the information made available after logging in to the Site prior to ordering or contact Customer Service for further information.
6. Disclaimers
The Site is for informational purposes only and is intended solely for the purpose of ordering products. The Site does not provide medical advice and does not substitute for medical advice, diagnosis or treatment by a qualified medical professional.
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.
THE SITE is provided on an “as Is” and “as available” basis. We do not warrant that the services will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the Site is free of viruses or other harmful components.
7. Content
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 Master Agreement.
8. Privacy Policy
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.
9. Proprietary Rights
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 or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any Marks without the express prior written consent of the owner.
10. Copyright
If you believe in good faith that materials available on the Services infringe your copyright, you may write to us by mail 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 through the link at Contact Us.
11. Liability
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 MASTER AGREEMENT 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 MASTER 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 MASTER AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
12. Termination
You may stop using the Services, and thereby terminate this Notice, at any time. We may terminate or suspend your use of the Services if you do not comply with this Notice, 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 Master Agreement.
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 this Notice, 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 user name, password and account, and all associated materials, without obligation to provide further access to such materials. Your obligations under this Notice shall survive any expiration or termination of this Notice.
13. Jurisdictional Issues
The Services are solely intended for and directed to residents of Austria, Brazil, Canada, France, Germany, Ireland, Italy, Netherlands, Switzerland and UK. 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).
14. Third Party Materials
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. General
15.1. Acknowledgements. The Site is owned by Johnson & Johnson Surgical Vision, Inc., with offices at 31 Technology Drive, Irvine, US-CA, 92618, USA. Any and all Services are made subject to the Master Agreement between the applicable Johnson & Johnson Affiliate and the Institution.
16.2 Export Controls. You shall comply with all applicable import, customs, export controls, and trade and economic sanctions laws, rules and regulations, including but not limited to applicable U.S., EU, UK, and Swiss related rules (together hereinafter “Trade Restrictions”). You shall not, without first obtaining all necessary government authorizations required to comply with any Trade Restrictions, source, procure, import, sell, export, re-export, transfer, transmit or release any goods, material, services, software, or technology covered by this Agreement. You agree to reasonably assist us in complying with the Trade Restrictions including but not limited to providing documentation as required for recordkeeping purposes and notifying us any such Trade Restrictions. You shall not do anything which may cause us to be in breach of applicable Trade Restrictions.
16.3 Down Time Statement. This Site makes every effort to keep Services available to Institutions; however, system availability is subject to downtime caused by system maintenance and processing. This Site cannot be held liable for orders placed during system downtime.
16.4 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 Section 9 (Copyright), no other person shall have any rights to enforce any of the terms of this Notice. If any provision of this Notice is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Notice 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 Notice without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Notice without restriction. No waiver by either party of any breach or default under this Notice 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.” This Notice, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Notice, 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 this Notice and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Notice 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.
16.5 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. We shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.
16.6 Risk of Loss. All purchases of Products are made pursuant to the terms of the Master Agreement. This means that the risk of loss and title for such items pass in accordance with the terms of the Master Agreement.
16.7 Product Descriptions. We attempt to be as accurate as possible. However, we do not warrant that Product descriptions are accurate, complete, current or error-free. The site may also contain typographical errors. We will not be held liable for typographical errors.
16.8 Agents. Use of software or services that take autonomous or semi-autonomous action on or behalf of or at the instruction of any person or entity are strictly prohibited on this site (including but not limited to all artificial intelligence agents).
16.9 Information or Complaints. If you have a question or complaint regarding the Services, please use the links available the at Contact Us.