1. Overview
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
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS OF USE”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND OPTIMEDICA (“WE” “US”) AND GOVERN YOUR ACCESS TO, AND USE OF THIS WEB SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. OPTIMEDICA MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND OPTIMEDICA CAN CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
3. OptiMedica’s Privacy Policy and Feedback
Information you provide through this Site is subject to OptiMedica’s Privacy Policy. For information about OptiMedica’s Privacy Policy, see the top of this page. If you give any feedback to OptiMedica, it shall be deemed that the content is not confidential. OptiMedica shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose and to reproduce and disclose the information to third parties without limitation, subject to the terms of our Privacy Policy.
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
As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair the Site or any user of the Site, or interfere with any other party’s use of the Site. You may not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of this Site or to intercept or expropriate any system, data or personal information from this Site. You also agree that you will not transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Site to access any third party Web sites or cause damage to them.
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:
OptiMedica Corporation
3100 Coronado Drive
Santa Clara, CA 95054
Email: PR@optimedica.com
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.
11. Indemnification
Upon request by OptiMedica, you agree to defend, indemnify and hold harmless OptiMedica and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit or transmit through this Site, your use of the Site, your violation of the Terms of Use or your violation of any rights of another.
12. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You and OptiMedica expressly agree to submit to the exclusive jurisdiction and venue of the courts in Santa Clara, California, in all disputes arising out of or relating to the use of this Site.
13. Severability and Integration
Unless otherwise specified herein, this Terms of Use statement constitutes the entire agreement between you and OptiMedica and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and OptiMedica. If any portion of this Terms of Use statement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
14. No Waiver
The failure of OptiMedica to enforce any provisions of this Terms of Use statement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this statement or to act with respect to similar breaches.
15. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship will exist between you and OptiMedica as a result of the Terms of Use statement or your use of this Site. Nothing contained in this Terms of Use statement is in derogation of OptiMedica’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by OptiMedica with respect to such use. A printed version of this Terms of Use statement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use statement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Termination
OptiMedica reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.
