General/Acceptance of Terms

 

PLEASE READ CAREFULLY BEFORE USING THIS SITE.
AcuFocus, Inc. (“AcuFocus”) welcomes you to its website (“Site”) By using the Site, you agree that you have read, understand, and agree to be bound to the Terms of Use (“Terms”) set forth below. If you do not agree to be bound to the Terms, you must immediately exit the Site. Each time you access or use the Site, you are accepting the most recent version of the Terms. AcuFocus reserves the right to change the Terms at any time or to discontinue availability of the Site at any time without notice. You should therefore review the current Terms each time you visit the Site.

 

Subject to these Terms, you may use the Site only for your personal, noncommercial use. Upon your violation any of these Terms, your permission to access and use the Site is immediately revoked and AcuFocus reserves all rights it may have for redress in law or equity.

 

Last Updated: July 5, 2016.

 

General Information Only; No Medical Advice

The information provided in the Site is for general and informational purposes only. AcuFocus seeks to provide information that is accurate and up-to-date; however, AcuFocus provides no warranties concerning the information contained in the Site, nor should the information contained in the Site be construed as medical advice. No director, employee, agent, or representative of AcuFocus, or its subsidiaries or affiliates to the extent applicable, are engaged in rendering medical advice, diagnosis, treatment, or other medical services that in any way create a physician-patient relationship through this Site. Decisions about your health and vision care needs should be discussed directly with your doctor or other healthcare professional. AcuFocus shall not be liable for any damages or injury resulting from access to, reliance on, or inability to access the information contained in the Site.

 

Your Submissions to the Site

AcuFocus appreciates hearing from its Site visitors. Be advised, however, that any information you submit to the Site (“Submission”) will be considered nonconfidential and nonproprietary. You hereby agree that with respect to any Submission, AcuFocus shall have a nonexclusive, unrestricted, fully paid, irrevocable, transferable, sublicensable right to use such Submission for any purpose including developing, manufacturing, and marketing products. You further agree to indemnify AcuFocus for all claims arising from your claims to any rights in any Submission.

 

Privacy

AcuFocus is committed to respecting the privacy of visitors to this Site. Certain Submissions may contain personal information that is collected via the Site including, but not limited to, your first and last name, city, state, country, email address, telephone number, age range, and possibly other information by which you can be personally identified. AcuFocus may use your Submissions, including personal information, to provide you the materials or information you request. We may also use your Submissions to provide you names of physicians in your area, review your feedback on the Site, or improve the Site’s content and usability.

 

As part of normal business operations, AcuFocus may also transfer your Submissions, including your personal information, to third parties outside of AcuFocus, including physicians and distributors of AcuFocus products, and you may be contacted by any of those third parties to follow-up on your Submission. We may also disclose your personal information to third-party consultants and service providers to the extent that they require access to our databases, or the information contained in our databases, to service AcuFocus and the Site.

 

In addition, AcuFocus collects web analytics from Site visitors. Based on your search engine’s restrictions set forth in the privacy settings, this information may include, but not be limited to, your referring website, pages viewed, time and date of access, and length of visit.

 

AcuFocus may also release your personal information if we are legally compelled to do so or when we believe it is necessary to protect and/or enforce AcuFocus’s rights or to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Terms. In the event that all or substantially all of the assets of AcuFocus are transferred to another entity, the information you provide may be transferred to succeeding entity.

 

AcuFocus may also use and share with others aggregated and/or anonymous information that we have collected based on web usage data or statistical information that we have compiled about our users.

By using our Site, you consent to the collection, use, and disclosure of information in accordance with the Terms including this privacy policy.

 

Security

AcuFocus uses industry standard security measures for all online transactions and data storage. You are advised, however, that transmission of data over the Internet is not guaranteed to be completely secure; therefore, AcuFocus cannot guarantee the security of any Submission.

 

Trademarks

Unless otherwise specified, all corporate or product names and logos used in this Site, including without limitation, ACUFOCUS, KAMRA, IC-8, ACUTARGET, KAMRA VISION, REJUVENATING EVERYDAY VISION, the “disc and rays” design, PROVEN, PRECISE, PREDICTABLE, THE INTRA-CORNEAL COMPANY, THE SMALL APERTURE COMPANY, LIFE JUST LOOKS BETTER WITHOUT READING GLASSES, ACROSS THE PAGE. ACROSS THE ROOM. ACROSS THE YEARS., THE PRESBYOPIA SOLUTION YOU’VE BEEN WAITING FOR, and NATURAL VISION FOR EVERYDAY LIVING, are either registered trademarks or trademarks of AcuFocus whether or not appearing in italicized, bolded and/or in large print, with or without any trademark symbol. These trademarks represent important intellectual property assets of AcuFocus and are protected from confusing or misleading uses under United States and international laws. The Site may also reference the trademarks or trade names of other entities, which are the trademarks of those respective owners. Nothing contained in the Site should be construed as granting any license or right under any AcuFocus or third-party trademark.

 

Limitation of Liability; Disclaimer of Warranties

AcuFocus assumes no responsibility, and shall not be liable for any damage or injury to you, your computer, or other personal property, caused by viruses that infect your computer or other property on account of your access to the Site or from your downloading of any materials, data, text, images, video or audio, or other items from the Site. The Site may contain links or references to third-party websites. AcuFocus provides these links or references only for your convenience and makes no representations that the information contained in any third-party website is accurate. AcuFocus does not monitor and has no control over the content of any third-party website. AcuFocus expressly disclaims any liability for damages or injury arising from use of third-party websites.

 

THIS SITE, INCLUDING ALL CONTENT, SOFTWARE, AND INFORMATION IS PROVIDED “AS IS” AND IS SUBJECT TO CHANGE AT ANY TIME. ACUFOCUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OF THIS SITE, INFORMATION MADE AVAILABLE BY THIS SITE, INCLUDING THE COMPLETENESS OR CURRENCY OF SUCH INFORMATION, OR ANY PRODUCTS, SERVICES, OR LINKS TO THIRD-PARTY WEBSITES MADE AVAILABLE BY OR THROUGH THIS SITE. ACUFOCUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. THE SOLE EXCEPTIONS TO THESE DISCLAIMERS ARE THOSE WARRANTIES (IF ANY) THAT CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. IN NO EVENT WILL ACUFOCUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PARTY’S USE OF THIS SITE OR THE PRODUCTS OR SERVICES OFFERED ON THIS SITE EVEN IF ACUFOCUS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THIS SITE IS AT YOUR SOLE RISK AND YOUR SOLE REMEDY IN THE EVENT OF ANY COMPLAINT OR PROBLEM WITH THIS SITE OR ITS CONTENT IS TO CEASE USING THE SITE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, ACUFOCUS’S TOTAL LIABILITY SHALL NOT EXCEED THE LOWEST LIMITATION OF LIABILITY ALLOWED BY LAW OR, IF SUCH AMOUNT IS NOT PRESCRIBED BY LAW, $100.00 USD.

 

Governing Law

By visiting the Site, you agree that the laws of the state of California, without giving effect to conflict of laws principles, govern the Terms and any dispute that may arise between you and AcuFocus. You agree to submit to the exclusive jurisdiction and venue of the federal or state courts in Orange County, California in the event of any dispute between you and AcuFocus arising from your use of the Site.

 

Geographic Restriction

The Site is owned and operated by AcuFocus from its headquarters in Irvine, California. Although this Site may be read from anywhere in the world, AcuFocus does not necessarily conduct business in the location in which it is being read. The information provided in the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject AcuFocus to any registration requirement within such jurisdiction. AcuFocus makes no representation that the information contained in the Site is appropriate for use in other jurisdictions. Users of the Site assume all risks concerning compliance with applicable local laws.

 

Permitted Uses

You are required to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from AcuFocus. As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is unlawful, including posting any information that infringes the intellectual property or privacy rights of others. You also agree not to post or submit any information that contains software viruses, worms, or other programming routines that are intended to damage or detrimentally interfere with the Site or any other system, data, or information.

 

 

Miscellaneous Provisions

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. AcuFocus hereby expressly reserves the right, in its sole discretion and for any reason we deem sufficient, to discontinue, or to terminate or suspend access to the Site, at any time, and to change the content and/or these Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. AcuFocus may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. You agree to indemnify AcuFocus and its employees, officers, directors, agents, successors, and assigns against any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of your use of the Site or breach of these Terms or your violation of any law or the rights of a third party.

 

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. AcuFocus’s failure to require your performance of any provision hereof shall not affect the full right to require performance of that or any other provision at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of that or any other provision. If any provision of these Terms is found by a court to be invalid, you and AcuFocus nevertheless agree that a court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. AcuFocus may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without prior consent of AcuFocus. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

Copyright Notice

© 2016 AcuFocus, Inc. All rights reserved. All content included in the Site is the property of AcuFocus or its providers and is protected by United States and international copyright law. Reproduction of any of the materials contained in the Site without the express written permission of AcuFocus is prohibited.

 

Questions and Comments

Please contact us if you have any questions or comments regarding these Terms, the Site, or any other general or product-related matter: AcuFocus, Inc. – 32 Discovery, Suite 200 – Irvine, California 92618 USA – 949-585-9511