This Site is designed to provide general information about OptiMedica Corporation, “OptiMedica” and its products and services. Nothing contained on this Site is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your physician or other healthcare professional. You should never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
In addition, nothing presented here is intended to provide instructions on the use of the products supplied by OptiMedica. For specific information and instruction relative to OptiMedica’s products and services, please refer to the Directions for Use supplied with all OptiMedica products that you have purchased.
2. Acceptance of Terms
4. Government Regulations
OptiMedica offers products and services to diagnose, prevent and treat diseases of the eye. Its medical products used by healthcare professionals are regulated by government agencies in each of the countries in which it does business, such as the Food and Drug Administration of the United States, or the Committee on Safety of Medicine in the United Kingdom. These agencies issue regulations that restrict the prescribing information that can be disclosed to the public. This Site contains information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Nothing contained on this Site should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any relevant law or regulation. Specific questions about the availability and use of products described on this Site should be directed to your local OptiMedica representative.
5. Links to Third-party Sites
This Site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of OptiMedica and OptiMedica is not responsible for the contents of any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. OptiMedica is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by OptiMedica in favor of any company offering Internet services, products or services on the Linked Site.
6. No Unlawful or Prohibited Use
7. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this Site, and the selection, coordination, and arrangement of such content, are owned by OptiMedica or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of this Site for any purposes. Nothing stated or implied on this Site confers on you any license or right under any copyright of OptiMedica or any third party.
OptiMedica’s Site and the information contained in reference herein are for informational purposes only. Any reproduction or copying of any materials or design elements of this Site is strictly prohibited, without the prior written consent of OptiMedica. Requests for permission to reproduce any information contained on this Site should be addressed to:
3100 Coronado Drive
Santa Clara, CA 95054
Notwithstanding the above, OptiMedica authorizes you to make one (1) electronic or paper copy of the information posted on any page on this Site, provided that the copy is used solely for your personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission of OptiMedica is prohibited.
8. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all OptiMedica or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to OptiMedica or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of OptiMedica or any third party.
9. Disclaimer of Warranties
All materials, information, products and services included in or available through this Site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
OptiMedica has made and will continue to make efforts to include accurate and up-to-date information on this Site. However, OptiMedica makes no warranties or representations, express or implied, that the information contained or referenced in this Site is accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. All users agree that all access and use of this Site and on any Web site linked to this Site and/or the contents thereof are at their own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
10. Limitation of Liability
NEITHER OPTIMEDICA NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, OR ANY WEB SITE LINKED TO THIS SITE, SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ANY WEB SITE LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. OPTIMEDICA RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. IN ADDITION, OPTIMEDICA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH A LINKED THIRD PARTY WEB SITE.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OPTIMEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPTIMEDICA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Choice of Law and Forum
13. Severability and Integration
14. No Waiver
OptiMedica reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.