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.
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.
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.
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.
13. Waiver and Severability.
Headings are for reference purposes only and do not limit the scope or extent of such section.
15. Entire Agreement.
16. Third Party Beneficiaries.
17. Independent Contractor.
18. Contact Information.