LIPPINCOTT WILLIAMS & WILKINS VISIONCARE GROUP

WORLD WIDE WEB SITES

Lippincott Williams & Wilkins VisionCare Group (LWW), provides the LWW Websites (collectively, the "Site") subject to your compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

Use of LWW’s Websites and the Internet

You understand that you may access both LWW's websites and the Internet in general through the Site. You understand further that, except for information, products or services clearly identified as being supplied by LWW, neither LWW nor any of its affiliates operates or controls any information, products or services on the Internet in any way and that except for such LWW - identified information, products or services, all merchandise, information and services offered or made available or accessible through LWW’s Websites or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with LWW or its affiliates.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF LWW’S WEBSITES AND THE INTERNET. NEITHER LWW NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH LWW’S WEBSITES OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH LWW’S WEBSITES OR ON THE INTERNET GENERALLY.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. LWW HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

No Service Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY LWW, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER LWW NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL LWW, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

If you are dissatisfied with the Site, or with any terms, conditions, rules, policies, guidelines, or practices of LWW in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Making Purchases On The Site

If you wish to make purchases on the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Site.

User Conduct On The Site

While using the Site, you may not:

• restrict or inhibit any other user from using and enjoying the Internet;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the US export control laws and regulations;
• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
• upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under US copyright laws.

LWW has no obligation to monitor the Site. However, you agree that LWW has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its subscribers. LWW will not intentionally monitor or disclose any private electronic-mail message unless required by law. LWW reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Consumer Information

You understand and agree that unless you notify LWW to the contrary, LWW may publish your name and other consumer information in one or more directories which may be accessed by other Internet users; in addition, unless you notify LWW to the contrary, LWW may make such information available to third parties from time to time. You understand further that merchants on the Site may have access to such information and may make it available to third parties in accordance with their normal practices unless you notify those merchants directly that you do not wish such information made available.

Failure to Comply with Terms and Conditions

LWW may deny you access to all or part of the Site without notice if you engage in any conduct or activities that LWW in its sole discretion believes violates any of the terms and conditions in this Agreement. If LWW denies you access to the Site because of such a violation, you shall have no right (1) to access through LWW any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through LWW, and LWW shall have no responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold LWW and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

LWW’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

LWW may modify this Agreement from time to time by placing a notice of such modification in the "What’s New" area (or an area with any title with similar meaning and content), and your continued use of the Site following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the "What’s New" area regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Site.

This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Site must be commenced with one one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

This Agreement constitutes the entire agreement between you and LWW with respect to the Site.