THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU ARE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THIS SITE.

1. User Eligibility

   The services provided by Wal-Mart Stores, Inc. (“Wal-Mart”) are not available to minors. If you do not qualify, please do not use the Wal-Mart services.

2. Description Of Service

   Wal-Mart provides users with access to a collection of on-line resources including White Cloud product information, general parenting tips, and childhood development information (the “Service”). All facts, data, and useful tips provided by the Service are for informational purposes only and should not be used as a replacement for medical advice. You understand and agree that the service is provided “AS-IS” and that Wal-Mart assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.

3. Restrictions On Use

   All pages within this website (the “Site”) are the property of Wal-Mart and/or its affiliates. The Site is protected by federal and international copyright and trademark laws, and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Wal-Mart.

   The Site is for your own personal use or the internal use of your business. You are strictly prohibited from disclosing or sharing any information related to the Wal-Mart Services and information on the Site. You shall keep in tact all proprietary notices, including copyright notices, contained on any downloadable materials.

   Any rights not expressly granted by these Terms of Use are reserved by Wal-Mart.

4. Intellectual Property Ownership

   Any and all intellectual property rights associated with Wal-Mart and the Site – including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) – are the sole property of Wal-Mart or third parties, and except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute in any way without Wal-Mart or the appropriate third party’s prior written permission. Except as provided herein, Wal-Mart does not grant to you any express or implied rights to Wal-Mart’s or any third party’s Intellectual Property.

5. Warranty Disclaimer

   THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED, “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WAL-MART EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KINDS, WITH RESPECT TO THE SITE OR ITS USE, THE INFORMATION CONTAINED THEREIN AND ANY SITE-RELATED SERVCIE PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY AND NONINFRINGEMENT OR ANY WARRANTY THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE RELATED SERVICES, AND HYPERLINKED WEBSITES.

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

   NO ADVICE OR INFORMATION OBTAINED BY YOU FROM WAL-MART OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE AGREEMENT.

   Although Wal-Mart attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness and accuracy of the Site. It is possible that the Site could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the White Cloud webmaster by email: Consumer@TycoHealthcare.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.

6. Limitation Of Liability

   WAL-MART, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, ITS APPLICATION OR USE, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THE FOREGOING REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

7. Exclusions And Limitations

   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 5 AND 6 MAY NOT APPLY TO YOU.

8. Indemnity

   You agree to indemnify, defend and hold Wal-Mart, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of this Site.

9. Confidential And Proprietary Information

   Wal-Mart does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Wal-Mart through the Site will be deemed NOT to be confidential unless Wal-Mart expressly states otherwise. By sending Wal-Mart any information or material, you grant Wal-Mart an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Wal-Mart is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

10. Privacy Policy

    Information you provide in completing the consumer questionnaire is subject to our Privacy Policy. For more information, please read our Privacy Policy.

11. Modifications To Service

    Wal-Mart reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Wal-Mart may modify or update the Service at any time, without notice.

12. Modifications

    Wal-Mart may, at any time, and without notice, modify, update, or otherwise change the Terms of Use, and you agree that you are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage you to visit the Site’s Home Page from time to time to review the current version of the Agreement.

13. Links

    The Service may provide links to other World Wide Web sites or resources. Because Wal-Mart has no control over such sites and resources, you acknowledge and agree that Wal-Mart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Wal-Mart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

14. Jurisdiction

    You expressly agree that the exclusive jurisdiction of any dispute with Wal-Mart, or in any way relating to your use of the Site, resides in the State of Arkansas and your further agree and expressly consent to the exercise of personal jurisdiction and venue of the federal, district and state courts of Benton County, Arkansas in connection with any such dispute, including any claim involving Wal-Mart or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

    These Terms of Use are governed by the internal substantive laws of the state of Arkansas, without respect to conflict of law principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15. Complete Agreement

    Except as expressly provided in a particular “legal notice” on the Wal-Mart Site, these Terms of Use constitute the entire agreement between you and Wal-Mart with respect to use of the Wal-Mart Services. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. Your use of the Wal-Mart Service is also subject to the Wal-Mart Privacy Policy.

    Copyright © Wal-Mart Stores, Inc. 2005 – All rights reserved.

    Last revised October 2, 2000