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Terms & Conditions

Zyrtec.com Terms of Use

Please read these Terms of Service (the “Agreement”) carefully. By clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement, or by using the Services (as defined below), you agree to this Agreement. We recommend that you print a copy of this Agreement for future reference. We retain the right to make changes, as outlined below.

This Agreement is between you and Johnson & Johnson Consumer Inc., McNeil Consumer Healthcare Division (“Company” or “we” or “us” or “our”) concerning your use of the Zyrtec website located at www.zyrtec.com (the “Site”) (collectively, the “Services”).

If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Services or post or submit any materials on it or order any items from it. Please review our Privacy Policy located at https://www.zyrtec.com/privacy or details about what information we collect and how we use it.

These Services are intended for and directed to residents of the United States. you affirm that you are of legal age to enter into this Agreement THESE SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER 18 YEARS OLD, YOU MAY NOT USE THESE SERVICESOR PROVIDE THE COMPANY WITH ANY PERSONALLY IDENTIFIABLE INFORMATIONIN ORDER TO UTILIZE THE PURCHASING FUNCTION, YOU ALSO MUST BE THE AGE OF MAJORITY IN YOUR STATE.

If you are using the Services on behalf of, or for the benefit of, any organization with which you are associated, then you agree to the terms of this Agreement on behalf of yourself and such organization, and you confirm that you have the legal authority to bind such organization to this Agreement. References to “you” and “your” in this Agreement will refer to both you and any such organization.

  1. Our Right to Make Changes. We may change this Agreement 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 Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement 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 Agreement or your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement 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 Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Site); charge, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on your use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us to use the Services.

  2. Information Disclaimer

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

    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 SERVICES. 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.

  3. Information Submitted Through the Services.Your submission of information through the Services is governed by our Privacy Policy, located at https://www.zyrtec.com/privacy.
  4. Jurisdictional Issues. 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).
  5. Acceptable Use and Rules of Conduct.

    You must not:

    • Post, transmit or otherwise make available through or in connection with the Services 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.
    • Post, transmit or otherwise make available through or in connection with the Services 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 Services for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
    • Use the Services for any purpose that is fraudulent or otherwise unlawful.
    • Collect information about users of the Services in any way, including through reverse engineering.
    • Interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Services.
    • 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 Services except as expressly authorized under this Agreement, without our express prior written consent.
    • Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark or other proprietary rights notice from the Services.
    • Incorporate any portion of the Services into any product or service, without our express prior written consent.
    • Systematically download and store Services content.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Services, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.

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

  6. Products.

    The Services 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 Services 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. If a Product is not as described when you receive it or the packaging depicted on the Services does not match the Product you receive, your sole remedy is to return the Product to us in unused and undamaged condition in accordance with our Returns Policy, as listed under the FAQ link on the footer of the Site.

  7. Transactions. You may be able to purchase Products through the Services (a “Transaction”). If you wish to make a Transaction, you must supply certain information, such as your credit card number and address. You confirm that you have the right to use any method of payment that you submit. Verification of information, or additional information, may be required prior to the acknowledgment or completion of any Transaction. It is your responsibility to comply with all applicable laws regarding the purchase and use of any Product.

    Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make commercially reasonable efforts to insure the accuracy of the information on the Site and when errors are discovered, we will correct them. We reserve the right, including without prior notice, to limit the available quantity of or discontinue the availability of any Product; to impose conditions on the honoring of any coupon, discount or other promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. The Services do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Services. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including applicable charges for shipping, handling and taxes. Your placement of an order does not necessarily assure that we will accept your order. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

    We reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card or other method of payment has been charged. If we discover an error after your credit card or other method of payment has been charged and your order is canceled as a result of the error, you will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled.

    Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action.

    Products may be shipped to an address designated by you, so long as such address is complete and complies with any shipping restrictions contained on the Services. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon our delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

    You may return Products in accordance with our Returns Policy as listed under the FAQ link on the footer of the Site.

  8. 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.
  9. Registration. You may need to register to use the Services. We may reject, or require that you change, any user name, password or other information that you provide. Your user name and password are for your personal use only. You are solely responsible for maintaining the confidentiality of your credentials and for restricting access to your mobile device, computer, and/or other means of accessing the Services. We are not responsible for any use of your credentials caused by your failure to keep them confidential. You are solely responsible for all activities that occur under your account, either with or without your knowledge. You must promptly notify us of any unauthorized use of your credentials or account of which you become aware. We recommend that, to the extent you access the Services via a mobile device, you password protect said device.

    You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.

    We reserve the right to terminate any account at any time in our sole discretion, including without limitation for any failure to comply with these Terms of Use, any fraud or abuse, or any misrepresentation that you or anyone using your account may make to us.

  10. Profiles and Forums. You may be permitted to make available certain information or materials (each, a “Submission”) in connection with the Services, including on profile pages or interactive features. 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.

    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.

  11. Our Right to Use Submissions. Nothing in this Agreement transfers any ownership rights in your Submissions. For each Submission, you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit such Submission, and to contact you about your 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 that 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 Services 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, (b) your Submissions are complete and accurate, 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 Services. 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.

  12. Monitoring Use of the Service. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, 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.
  13. Your Right to Use the Services. You acknowledge that all intellectual property rights in the Services, including the Site and the App, belong to us or our licensors. You have no right in or to the Services other than the right to access them in accordance with this Agreement. Subject to your compliance with, and solely for the duration of, this Agreement: (a) you may view one copy of the Site on any single device, solely for your personal, non-commercial use; (b) we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely for your personal, non-commercial use. The App is licensed (not sold) to you. If you fail to comply with this Agreement, you must immediately cease using the Services, and delete the App from your device. You are responsible for keeping your device secure and protecting it appropriately.
  14. Company’s 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.
  15. Third Party Materials; Links. Third Party Materials; Links. 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.
  16. Additional Terms. Additional terms may govern certain features or content of the Services, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity as part of the Services 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 these Terms of Use.
  17. Disclaimer of Warranties. To the fullest extent permitted under applicable law, the Services are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties or conditions of any kind, whether express, implied or statutory.

    We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

    To the fullest extent permissible under applicable law, and subject to any applicable terms and conditions or policies applicable to the use of third party materials as set out in Section 13, third party materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express or implied. We disclaim all warranties with respect to third party materials.

    Without limiting the generality of the foregoing, to the fullest extent permissible under applicable law, we make no representation or warranty that the Services will be secure, that any user name, password or other security measure that you may use or allow others to use in connection with the Services will prevent unauthorized access to your Services account or related information, or that your Services Account or related information will not be accessed or misused by any third party.

    All disclaimers of any kind in this agreement (including in this section and elsewhere in this Agreement) are made for the benefit of both 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 (collectively, the “Company Parties”).

    While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, please use the link at Contact Us and provide a description of such alteration and its location on the Services.

  18. Limitation of Liability.

    Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any mandatory statutory consumer rights under applicable law.

    With respect to any conditions, warranties or guarantees that cannot be excluded under applicable statutes, to the extent permitted by applicable law, our liability is limited (at our option) to the resupply or refund of the cost of the relevant portion of the Services.

    To the fullest extent permitted under applicable law: (a) we will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, or losses that were not reasonably foreseeable to you or us at the time you agreed to this Agreement, in each case arising out of or in connection with the Services or this Agreement, and under any contract, tort (including negligence), strict liability or other theory (collectively, “Indirect Losses”). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.

    without limiting the foregoing, we will not be liable for Indirect Losses of any kind resulting from your use of or inability to use the Services or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith.

    the Company Parties do not exclude or limit in any way our liability to you where it would be unlawful to do so.

    Our maximum aggregate liability for all damages, losses and causes of action arising out of or in connection with the Services or this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (a) the total amount, if any, paid by you to us to use the Services; and (b) ten United States dollars ($10).

    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 the Company Parties.

    With respect to any conditions, warranties or guarantees that cannot be excluded under statute, to the extent permitted under applicable law, our liability is limited (at our option) to the resupply or refund of the cost of relevant services.

  19. 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 attorneys’ fees) incurred by the Company Parties.
  20. Modification, Suspension or Termination. We will make reasonable efforts to make the Services available, but we may from time to time need to interrupt, restrict, modify, discontinue, temporarily or permanently the Services or parts thereof without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions. You may stop using the Services, and thereby terminate this Agreement, at any time. We may terminate or suspend your use of the Services if you do not comply with this Agreement, engage in any fraud or abuse, or if you or anyone using your account makes any misrepresentation to us. Where reasonable under the circumstances, we may provide you with prior notice of termination or suspension, provided that if we reasonably believe that you have materially breached this Agreement, 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 Agreement shall survive any expiration or termination of this Agreement.
  21. Governing Law; Jurisdiction. Unless otherwise prescribed by applicable law, this Agreement is governed by and shall be construed in accordance with the laws of the State of New Jersey, 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 Services or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, will be subject to the exclusive jurisdiction of the federal and state courts located in the State of New Jersey, U.S.A., and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
  22. Filtering. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to or inappropriate for minors. Information identifying current providers of such protections (which we do not endorse) is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
  23. Information or Complaints.If you have a question or complaint regarding the Services, please use the link at Contact Us California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  24. Copyright Infringement Claims. 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. In addition to contacting us by clicking Contact Us, the Company’s Agent for complaints related to the Digital Millennium Copyright Act (DMCA) can be reached in writing at the following address:

    Trademark Law Department

    Johnson & Johnson

    One Johnson & Johnson Plaza

    New Brunswick, NJ 08933

    This address may also be used to contact us about copyright infringement claims in jurisdictions outside of the United States, or you may contact us through clicking Contact Us

  25. Export Controls. You confirm that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanction (currently Cuba, Iran, Sudan, Syria, and the Crimea region of Ukraine) (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
  26. Forward-Looking Statements. Statements appearing on the Services 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. These factors and risks are described in our current annual report filed with the SEC and in other filings we make with the SEC. You can access our most recent SEC filings via the SEC EDGAR system located at www.sec.gov, or you may obtain these filings directly from us at no charge. We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Services.
  27. 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. This Agreement is between you and us. Except as set forth in Sections 17, 18 and 27, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that 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 Services or by e-mail (including in each case via links), or by regular mail. 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 fulfill any obligation due to any cause beyond its control.

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ZYRTEC® Rewards Program
Terms of Service

A. Overview of the ZYRTEC® Rewards Program

1. The ZYRTEC® Rewards Program (the "Program") is a loyalty program sponsored by Johnson & Johnson Consumer Inc., McNeil Consumer Healthcare Division ("Sponsor") through which individuals can access "Rewards" at www.ZYRTEC.com/rewards (the "Website"). The Program has two levels of participation: (1) Rewards without purchase of ZYRTEC® and (2) Rewards with purchase of ZYRTEC®. For either level of participation, individuals can enter a unique, valid email address to either register for an Account (as defined below) or sign in to an existing Account. Rewards are made up of 3 elements, including a ZYRTEC® coupon, the dollar value of which is based on the level of participation, an offer from a partner of Sponsor ("Reward Partner") and allergy care-related content. The participating ZYRTEC® products and the Rewards for the Program may be updated, changed and/or modified at Sponsor’s discretion, at any time. Additional methods of participation may be added over time.

2. For Rewards without purchase, register for an Account or sign into an existing Account and receive a $2.00 coupon, an offer from a Reward Partner and allergy care-related content. An Enrollee (as defined below) may receive one $2.00 coupon every thirty (30) days.

3. For Rewards with purchase, register for an Account or sign-in to an existing Account, enter the corresponding National Drug Code ("NDC code") from the package or bottle of any of the following ZYRTEC® products purchased: ZYRTEC® 10mg Tablets 3, 5, 14, 30, 45, 70, 75, or 100 count sizes; ZYRTEC® 10mg Tablets Bonus Pack 40, 60, 120 count sizes. ZYRTEC® 10mg Liquid Gels 12, 25, 40 or 65 count sizes; any ZYRTEC-D® 12 or 24 count sizes or Children's ZYRTEC® Chewable Tablets 10mg 12 or 24 count sizes, and receive a $3, $4.50 or $7 coupon (depending on the count size of the product purchased), an offer from a Reward Partner and allergy care-related content. ZYRTEC® coupon values vary based on count size purchased. The purchase and entering of a 3, 5, 12, or 14 count size qualifies for a $3 ZYRTEC® coupon; 24, 25, 30 count size qualifies for a $4.50 coupon; and 40 count size or higher qualifies for a $7 coupon. See Section E.1 below regarding how frequently an Enrollee may enter NDC codes.

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B. Eligibility

Membership in the Program is open to legal residents of the 50 United States (or the District of Columbia) who are 18 years or older at the time of enrollment. The Program is not intended for business purposes. The Program is void where prohibited by law.

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C. Duration of Program

The current phase of the Program begins at 12:00 a.m. Eastern Time ("ET") on April 22, 2011 and is scheduled to end at 11:59 p.m. ET on December 31, 2013 (the "Program Period"). Sponsor reserves the right to suspend, modify, or terminate the Program and/or modify any of the Terms and Conditions as set forth more fully in Section G below. Enrollees can redeem Rewards by the methods set forth in Section E below. As set forth in Section F.5 below, Rewards from previous phases of the Program shall expire ninety (90) days from the date of initial selection of those Rewards.

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D. Enrolling in the Program

1. Individuals age 18 and older who meet the eligibility requirements may enroll in the Program at the Website. To enroll, click on "Rewards & Savings" on the left navigation bar and then click "Getting Started" in the drop down menu. As described in Section A above, there are two levels of registration: (1) Enter a unique, valid email address to either register for an Account or sign in to an existing Account and receive Rewards without purchase or (2) Enter a unique, valid email address to either register for an account or sign in to an existing account and enter an NDC code and receive Rewards with purchase (each, an "Account"). An individual must have a unique valid e-mail address to create an Account. Limit one (1) Account per person/email address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering must provide date of birth information when registering for an Account and will be deemed the Enrollee. Once an individual registers his/her existing email address in the promotional section of the Website or registers for a new Account, that individual will be enrolled in the Program (an "Enrollee"). After enrolling in the Program, the Enrollee should follow the onscreen instructions to select an area of interest and select one of four possible Rewards. The Rewards collected by an Enrollee will be recorded and tracked in the Enrollee's ZYRTEC® Rewards Dashboard, which an Enrollee can view at any time by logging into his or her Account.

2. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Each Enrollee is responsible for ensuring the mailing address associated with his/her Account is accurate and up to date. Changes to Accounts or Account information may only be made by the Enrollee to whom the Account belongs.

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E. Redeeming NDC Codes

1. Each Enrollee may only enter one (1) NDC code every thirty (30) days during the Program. Limit: Each Enrollee will be limited to entering valid NDC codes from participating products not to exceed the equivalent of two hundred eighty (280) doses in one year.

2. Enrollees may not purchase or otherwise acquire NDC codes from third parties or unauthorized or illegitimate channels, such as auctions sites. Enrollees may not transfer or sell NDC codes under any circumstance or repost codes on third party websites. Any such behavior and/or any attempt to transfer Rewards will result in disqualification from the Program and all associated Rewards may be void. Sponsor reserves the right to take any lawful action it deems appropriate in its sole discretion in the event that Sponsor believes that an Enrollee has violated any of the Terms and Conditions of the Program.

3. Once an Enrollee inputs an NDC code, the validation of the NDC code and the potential Reward earned will be subject to verification. NDC codes shall be considered invalid if obtained through illegitimate means, unauthorized channels or otherwise not obtained in accordance with these Terms and Conditions.

4. If an Enrollee believes that Rewards were not properly accrued to his/her Account, the Enrollee must notify Sponsor by using the Customer Service Form, https://www.zyrtec.com/contactus located on the Website.

5. Enrollees must save the product packaging that contains the NDC code and the receipt for the purchase of the product for at least ninety (90) days from the date Enrollee enters the NDC code on the Website, as it may be necessary to submit it later for verification. Sponsor reserves the right to request proof including, but not limited to, product packaging, that the NDC code was obtained by Enrollee in compliance with these Terms and Conditions. In its sole discretion, Sponsor reserves the right to reverse Rewards previously credited to an Enrollee's Account if, upon Sponsor request, NDC codes cannot be properly verified. Sponsor's decisions regarding the awarding of Rewards are final and binding.

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F. Redeeming Rewards

1. An Enrollee may select one Reward per NDC code entered. Enrollees must comply with individual Reward limitations where indicated on the Website (or Reward Partner's website). Sponsor will periodically modify the offers and other items available for redemption throughout the Program Period and reserves the right to modify the values of the Rewards, at any time for any reason. All redemptions are subject to these Terms and Conditions and all limitations or requirements stated on the Website.

2. An Enrollee may be directed to select a Reward Partner website to access or redeem his/her Reward. If so, Enrollee's enrollment profile information may be shared with that Reward Partner and Enrollee's use of the Reward Partner website will be governed by that site's privacy policy. Redemptions that take place on a Reward Partner's website may require the Enrollee to make an initial purchase or to pay fees, such as tax and shipping. A valid credit card may be required to complete the redemption process in these cases.

3. All selections for Rewards are final. Issues regarding the redeemed Rewards are governed by the Terms and Conditions herein.

4. Rewards will be provided on a first-come, first-serve basis. Once a Reward has been depleted, no more of the item will be given. Additional terms and conditions may apply and will be set forth on the Website. Coupons are subject to terms and conditions specified thereon. Rewards will be provided "as is" with no warranty or guarantee, either express or implied by Sponsor. All Reward details are at Sponsor's sole discretion. Enrollee cannot transfer, substitute or redeem Rewards for cash. Sponsor reserves the right to substitute a Reward of comparable or greater value, at its sole discretion. Enrollees are responsible for all federal, state and local taxes as well as any other costs or expenses associated with acceptance or use of a Reward not specified herein or on the Website as being provided.

5. Any unredeemed Rewards in an Enrollee's Account shall expire ninety (90) days from the date of initial selection. Any unredeemed Rewards remaining in an Enrollee's Account at the end of the Program Period shall be forfeited (unless the Program is extended). The Rewards have no cash value and are only redeemable in connection with this Program.

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G. Modifications and Termination of the Program

1. Sponsor reserves the right to suspend, modify or terminate the Program and/or modify any of the Terms and Conditions set forth herein, including, but not limited to, the duration of the Program Period, the methods by which Enrollees can collect Rewards, and the Rewards offered, even though these changes may affect an Enrollee's ability to accrue or use his/her Rewards. Notice of any change to the Program, including, but not limited to, termination of the Program and changes to these Terms and Conditions, will be posted on the Website and emailed to all Enrollees.

2. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to the Program and/or any of these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions.

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H. General Terms and Conditions

1. To learn how the personal information collected in connection with the Program may be used, participants should read Sponsor's Privacy Policy for the Website which is available at Privacy Policy. The terms of Sponsor's Privacy Policy for the Website are incorporated herein by reference.

2. Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity, uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state or local, laws, statutes or ordinances, tampers with or abuses any aspect of this Program or otherwise is not in compliance with these Terms and Conditions, as it determines in its sole discretion. Discontinued participation privileges shall result in the loss of all Rewards. In addition to discontinuance of participation privileges, Sponsor, in its sole discretion, shall have the right to seek appropriate administrative and/or legal remedies, including but not limited to criminal prosecution.

3. Sponsor reserves the right to rescind Rewards credited to an Account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.

4. Enrollees must be individuals. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Rewards for combined use.

5. Rewards do not constitute property of an Enrollee and may be revoked at any time by Sponsor as set forth herein.

6. Releasees (as defined below) are not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.

7. All questions or disputes regarding eligibility for the Program, collecting or redemption of Rewards, or an Enrollee's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.

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I. Limitation of Liability

1. Releasees are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Rewards, Reward redemptions or NDC codes or for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network. human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of Rewards, the processing of NDC codes, the announcement of the Rewards or in any Program-related materials. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Website. In the event of a printing error or irregular packaging, neither Sponsor nor its respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (collectively, "Releasees") shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR REWARDS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF REWARDS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers (collectively, "Sponsor Entities"), are not responsible for any products or services offered by the Rewards Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR ENTITIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. Enrollees agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.

2. As a condition of participating in this Program, Enrollee agrees that (1) any controversy or claim arising out of or relating to this Agreement shall be resolved without resort to any form of class action and exclusively by arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then pertaining (available at www.adr.org), except where those rules conflict with this provision, in which case this provision controls. Arbitration will take place in New Brunswick, New Jersey and the arbitrator shall apply the substantive law of New Jersey, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. Prior to appointment of the arbitrator or thereafter if the arbitrator is unavailable, emergency relief is available from any court to avoid irreparable harm; (2) any and all claims, judgments and Rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, and in no event will Enrollee be permitted to obtain attorneys' fees or other legal costs; and (3) under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.

3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey.

4. These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

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