Terms Of Use

These Terms of Use (the “Terms of Use”) describe the terms pursuant to which Eyetronix, Inc. (“Eyetronix” “we” or “us”) offers you access to the website located at http://eyetronix.com/ (the “Site”). These Terms of Use apply when you access, visit or use the Site.

1. Acceptance of the Terms of Use.

You accept these Terms of Use and agree to be bound by these Terms of Use when you access, visit or use the Site. Please read these Terms of Use carefully because they govern your access to and use of the Site and set forth legally binding terms applicable to your use of our Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT ACCESS OR USE the SITE. The Site is intended solely for users who are at least eighteen (18) years old and who are located in the United States. If you are not at least eighteen (18) years old and located in the United States, please do not access, visit or use the Site.

2. IMPORTANT INFORMATION.

THE SITE AND THE EYETRONIX CONTENT (AS DEFINED IN SECTION 5 BELOW) ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE IS NOT TO BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SITE AND THE EYETRONIX CONTENT AND ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF EYETRONIX DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, OPHTHALMIC, OPTOMETRIC OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, OPHTHALMOLOGIST, OPTOMETRIST, OR OTHER QUALIFIED HEALTH PROVIDER REGARDING ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL OR VISION CONDITION. NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. IF YOU HAVE, OR SUSPECT THAT YOU HAVE A MEDICAL OR VISION PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL.

3. Amendments.

We may amend these Terms of Use from time to time. We will post any material changes to these Terms of Use on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you do not agree to the new terms, you may discontinue your use of the Site. Otherwise, the new terms will take effect after thirty (30) days. These Terms of Use may not otherwise be amended except in a writing hand signed by you and an authorized representative of Eyetronix.

4. Eyetronix Privacy Policy.

In connection with your use of the Site, please review the Eyetronix Privacy Policy, located at http://eyetronix.com/privacy-policy/, in order to understand how we collect and use information about you when you access, visit or use the Site. The Eyetronix Privacy Policy is part of and is governed by these Terms of Use and by accepting these Terms of Use, you agree to be bound by the terms of the Eyetronix Privacy Policy, and agree that we may use information collected from you in accordance with the Eyetronix Privacy Policy.

5. Ownership of the Site and Feedback.

You agree that Eyetronix, its subsidiaries and affiliates, and its licensors or partners own all rights, title and interest in the Site and all materials provided by us in connection with the Site, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs, (collectively the “Eyetronix Content”), and all intellectual property rights related to the Eyetronix Content. The Eyetronix name, logo and symbols and related names are trademarks and service marks of Eyetronix (the “Eyetronix Marks”). You agree not to display, reproduce or otherwise use the Eyetronix Content or Eyetronix Marks without the prior written consent of Eyetronix. While we are pleased to receive feedback, information, comments and ideas (including, concepts, know-how and/or materials) from visitors to the Site (“Feedback”), we want you to understand that any Feedback that you submit through the Site will be considered non-personal, non-confidential, and non-proprietary. If you transmit any Feedback to us, through the Site or otherwise, you hereby grant Eyetronix a royalty-free, paid-up, perpetual, irrevocable license, with the right to sublicense, to use, reproduce, display, perform, modify, transmit, distribute and otherwise exploit the Feedback in any medium and agree that Eyetronix is free to use the Feedback for any purpose, including, without limitation, developing, manufacturing, and/or marketing goods or services.

6. Prohibited User Conduct.

While using the Site, you agree not to engage in any of the following prohibited activities:

  • use, display, mirror or frame the Site, any individual element within the Site, the Eyetronix Marks or Eyetronix Content, without Eyetronix’s prior written consent;
  • access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eyetronix to protect the Site;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or
  • violate any applicable law or regulation.

7. Links to Other Websites.

The Site may contain links to third party websites, resources or data. You acknowledge and agree that Eyetronix is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services or other materials on or available through these websites or resources. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources or data. These Terms of Use do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ Terms of Use, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.

8. Disclaimer of Warranties.

The Site IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Eyetronix, INC. AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “Eyetronix PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE Eyetronix PARTIES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, INFORMATION OR OTHER CONTENT OFFERED AS PART OF THE SITE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM the Site, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT through the Site. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO the Site OR ANY FEATURE OR PART THEREOF AT ANY TIME.

9. Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT THE Eyetronix Parties WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF an Eyetronix Party HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE or access, the Site.

10. Choice of Law and Forum.

The laws of the State of California apply to these Terms of Use and to your relationship with the Eyetronix Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce these Terms of Use in the federal or state courts located in Santa Clara County, California. You consent to the exclusive jurisdiction of the federal or state courts located in Santa Clara County, California.

11. Notices.

Legal notices shall be served on Eyetronix at Eyetronix, Inc., Attention: Legal Department, 14137 Sobey Road, Saratoga, California 95070. Notice to you shall be sent to the email address you provided in connection with your request to join the mailing list and shall be deemed to have been received twenty-four (24) hours after the email is sent.

12. Assignability.

You may not assign or delegate any right or obligation you have under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of Eyetronix. Eyetronix may assign or delegate any right or obligation under these Terms of Use, whether by operation of law or otherwise, without your consent.

13. Waiver and Severability.

Our failure to exercise or enforce any of these Terms of Use or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms of Use is held to be invalid, void or unenforceable under applicable law, then the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.

14. Headings.

Headings are for reference purposes only and do not limit the scope or extent of such section.

15. Entire Agreement.

These Terms of Use (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Use: Section 8 (Disclaimer of Warranties), Section 9 (Limitation of Liability) and Section 10 (Choice of Law and Forum).

16. Third Party Beneficiaries.

These Terms of Use are between you and Eyetronix, Inc. There are no third party beneficiaries.

17. Independent Contractor.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.

18. Contact Information.

If you have any questions about these Terms of Use, you may contact us by email at info@eyetronix.com.