About Macusight

MacuSight Terms of Use

Introduction; Your Agreement to these Terms of Use.

Welcome to the MacuSight, Inc. ("MacuSight" or "Company") web site - www.macusight.com - and any other web sites or online services operated by MacuSight (the "Company Sites"). The following Terms of Use for the Company Sites is a legal contract between any users of the Company Sites ("You," "Your" or "Users") and MacuSight.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING ACCESSING, BROWSING, OR USING THE COMPANY SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS THERETO (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE COMPANY SITES.

1. Privacy Notice.

Your privacy is important to MacuSight. MacuSight's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to MacuSight's collection, use, and disclosure of your information.

2. Individual Features and Services.

When using the Company Sites, you will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

3. Modification of these Terms.

MacuSight reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Company Sites after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after the changes are initially posted on the Company Sites.

4. Ownership; Proprietary Rights.

The Company Sites are owned and operated by MacuSight. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Company Sites provided by MacuSight (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Company Sites are the property of MacuSight or its affiliates and/or its third-party licensors. All trademarks, service marks, and trade names are proprietary to MacuSight or its affiliates and/or third-party licensors. Except as expressly authorized by MacuSight, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

5. Indemnification.

You agree to indemnify, save, and hold MacuSight, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use of the Company Sites. MacuSight reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MacuSight, and you agree to cooperate with MacuSight's defense of these claims. MacuSight will use reasonable efforts to notify you of any such claim or action upon becoming aware of it.

6. Third-Party Sites, Products and Services; Links.

The Company Sites may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). MacuSight does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions on, Reference Sites found on or through the Company Sites are solely between you and such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

7. Disclaimers; No Warranties.

THE COMPANY SITES AND ANY DATA, INFORMATION, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE COMPANY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MACUSIGHT DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MACUSIGHT DOES NOT WARRANT THAT THE DATA, INFORMATION, OR FUNCTIONS OFFERED ON THE COMPANY SITES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY SITES OR THE SERVER THAT MAKES IT AVAILABLE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Medical Advice and Regulatory Disclaimers.

8.1 THE COMPANY SITES DO NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE. THE INFORMATION PROVIDED ON THE COMPANY SITES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN OR REFERRED TO THROUGH THE COMPANY SITES.

8.2 Product Candidates.

All product "candidates" referred to on the Company Sites are experimental, have not been approved by the U.S. Food and Drug Administration or any international regulatory agency, and are not available for sale. Safety and efficacy have not been proven with regard to these product candidates and there is no guarantee that the products referred to on the Company Sites will demonstrate safety or efficacy, or be approved by any applicable regulatory agencies.

8.3 No Medical Advice.

MacuSight does not offer medical or similar health services or advice through the Company Sites, and the information provided on the Company Sites is not intended to replace medical advice offered by a doctor or other qualified health professional. MacuSight does not offer personalized medical diagnosis or patient-specific treatment advice. The content of the Company Sites should not be interpreted as treatment recommendations or relied on for medical diagnosis or treatment. Only a doctor or other qualified health professional who has had an opportunity to interact with a patient in person, with access to that patient's records and the opportunity to conduct appropriate follow-up, can diagnose a patient's condition and provide recommendations for treatment. Never disregard medical advice or delay in seeking it because of information you have read on or been referred to by the Company Sites.

8.4 No Endorsement.

You should not construe MacuSight's publication of or reference to any content as an endorsement by MacuSight of the views expressed in such content, or any warranty or guarantee of any strategy, recommendation, action, or medical treatment or advice made by the author of the content.

9. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MACUSIGHT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF THE COMPANY SITES OR ANY REFERENCE SITES, EVEN IF MACUSIGHT OR A MACUSIGHT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT WILL MACUSIGHT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY SITES OR ANY REFERENCE SITES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE COMPANY SITES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES - IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH CASES, MACUSIGHT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Miscellaneous.

10.1 Notice.

MacuSight may provide you with notices, including those regarding changes to MacuSight's terms and conditions, by email, regular mail, or postings on the Company Sites. Notice will be deemed given twenty-four hours after email is sent, unless MacuSight is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Company Sites. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Company Sites are deemed given thirty days following the initial posting.

10.2 Waiver.

The failure of MacuSight to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in a writing signed by MacuSight.

10.3 Governing Law.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

10.4 Jurisdiction.

You agree that any action at law or in equity arising out of or relating to these Terms or MacuSight will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

10.5 Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

10.6 Assignment.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MacuSight without restriction.

10.7 Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 4, and 5 through 10 herein.

10.8 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

10.9 Entire Agreement.

This is the entire agreement between you and MacuSight relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by MacuSight as set forth in Section 3 above.

10.10 Claims.

YOU AND MACUSIGHT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10.11 Disclosures.

The services hereunder are offered by MacuSight Inc., email: info@macusight.com.