REVISIONOPTICS.COM
WEBSITE TERMS OF SERVICE
Last updated: July 12, 2017
These Terms of Service (the “Terms”) govern the relationship between ReVision Optics, Inc. (which may be referred to herein as, “RVO” “us,” or “we”) and you regarding your use of the ReVision Optics website (the “Website”), mobile app (the “App”) and any other of RVO’s products or services used to facilitate your use of such services (collectively the “Service”).
Use of the Service is also governed by RVO’s Privacy Policy, the current version of which can be found at RevisionOptics.com/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE.
As used in these Terms (and the Privacy Policy and any other policies that RVO may recommend), “User” means a user of the Service and “All Users” means you and all other Users.
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Description of the Service.
- Clinical Information. The Service is designed to facilitate the sharing of information regarding RVO’s Raindrop® Near Vision Inlay product. Any clinical information residing on the Services is intended solely for your educational and informational purposes. Such information is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health or vision problem without consulting your physician. In no event shall RVO be liable for any decision made or action taken in reliance on the information contained on the Services, and you shall not directly or indirectly make any claim against RVO, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “RVO Related Parties”) with respect thereto.
- Protected Health Information. The Service is designed to avoid violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH). Except as stated otherwise, the Service is not designed to collect Protected Health Information (as defined under HIPAA) without your consent. Your personal information is collected and used in accordance with the Privacy Policy.
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Right, License and Restrictions.
- License Grant For Service. Subject to your agreement to, and continuing compliance with, these Terms and any other relevant RVO policies, RVO grants you a non-exclusive, non-transferable, revocable limited right and license to access and use the Service.
- License, Limitations and Prohibitions.
- Use of the Service. You may use the Service for personal, non-commercial use only.
- General Effects of Violations. Any use of the Service in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by this Section 2, and may subject you to liability for violations of law. RVO is permitted to limit or restrict use of the Service for anyone who RVO reasonably believes has or will violate any applicable law when using the Service.
- Activity Prohibitions. You agree that you will not, under any circumstances:
- Engage in any act that RVO deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms;
- Use the Service to advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages to anyone;
- Do anything with any content you access through the Service that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions;
- Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation any illegal conduct;
- Modify or cause to be modified any files or content that are used to offer the Service, without the express prior written consent of RVO;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service (each a “Server”) or (2) the use or enjoyment of the Service by any other person;
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
- Gain, or attempt to gain, unauthorized access to the Service, Servers or networks connected to the Service by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service);
- Transmit unauthorized communications through the Service, including spam and any materials that promote malware, spyware and downloadable items;
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the Service or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data from, through, or relating to the Service;
- Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by RVO;
- Copy, modify or distribute rights or content from any RVO site, including but not limited to content that contains or is protected by RVO’s copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms; or
- Upload or transmit (or attempt to upload or to transmit), without RVO’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
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Suspension and Termination of the Service:
- FAILURE TO COMPLY. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE OR MODIFY YOUR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS, OR IF YOU USE THE SERVICE FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR OTHER IMPROPER USE OF THE SERVICE. RVO SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION OR MODIFICATION OF YOUR ACCESS TO THE SERVICE.
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IP INFRINGEMENT.
- WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
- REPEAT INFRINGERS. IN APPROPRIATE CIRCUMSTANCES IT IS OUR POLICY TO SUSPEND OR TERMINATE THE USE OF USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
- Right to Cease Service. RVO reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point the license granted hereunder to you to use the Service or a part thereof will automatically terminate. RVO shall not be required to provide refunds, benefits or other compensation to users in connection with such cessation of the Service or any part thereof.
- Intellectual Property Ownership in the Service. The Service, and all of its components and contents, (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, audio-visual effects and text contained within) is owned by RVO or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.
- Posted Content: “Posted Content” means any communications and all the material, data, and information that you upload, post, publish or transmit through the Service. We may provide you with templates, pre-populated communications, or other content through the Service (“Template Content”) that you may distribute, use or modify as part of using our Service. You acknowledge that your use of any Template Content does not relieve you of any responsibilities or obligations under this Agreement. By transmitting or submitting any Posted Content while using the Service, you affirm, represent and warrant that such transmission or submission: (a) is accurate and not confidential; (b) is not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) will not, when RVO exercises rights in Posted Content granted under these Terms, result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code. You further represent and warrant that you have all rights necessary to transmit Posted Content to RVO and to grant the rights in Posted Content granted to RVO under these Terms.
- Licenses to Posted Content: You hereby grant RVO a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, distribute, sublicense, transmit, or provide access to electronically, broadcast, display, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof. RVO will only exercise the rights granted in this Section 3.2 to offer or to facilitate the offering of Services. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content.
- Content Screening.
- Consent to Monitoring. By entering into these Terms, you hereby provide your irrevocable consent to our monitoring and recording of your use of the Service. You acknowledge and agree that you have no expectation of privacy vis a vis us or any of our service providers who provide services to us or you as part of the Service concerning the transmission of any information, including without limitation chat, text or voice communications.
- Options Regarding Posted Content. RVO may reject, refuse to post or delete any or all Posted Content for any or no reason, including, but not limited to the reason that, in the sole judgment of RVO, the contents or posting or other use of such Posted Content in connection with the Service violates these Terms.
- Third Party Advertising.
- Third Party Advertisements. You understand that the Service may feature advertisements from RVO or third parties. The Privacy Policy addresses our disclosure of information for third party advertising.
- Links to Third Party Sites and Dealings with Advertisers. RVO may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. RVO may receive compensation or other benefit from these third parties via relationships such as advertising, sponsorships, content placements, and affiliate marketing, without explicitly disclosing such relationships to Users. Any charges or obligations you incur in your dealings with these third parties are your responsibility. RVO makes no representation or warranty regarding any content, goods, or services provided by any third party, including physicians, even if linked from our Service, and we will not be liable for any claim relating to any third party content, goods, or services. The linked sites are not under the control of RVO and may collect data or solicit personal information from you. RVO is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by RVO of these linked sites.
- Updates to the Service. You understand that the Service undergoes frequent changes. RVO may require that you accept or only use updates to the Service in order to continue using the Service. You acknowledge and agree that RVO may update the Service without notifying you.
- Disclaimer; Limitations; Waivers on Liability; Indemnification.
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Disclaimer of Warranties.
- SERVICE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
- NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, NEITHER RVO NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “RVO PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
- NO WARRANTY REGARDING ACCESS AND CONTENT. RVO DOES NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY A USER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. RVO DOES NOT WARRANT THAT THE SERVICE, OR ANY INFORMATION POSTED BY A USER, WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY RVO OR THROUGH THE SERVICE.
- Limitations; Waivers of Liability.
- DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE RVO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
- NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE RVO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE RVO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, OPERATORS OF EXTERNAL SITES, AND PHYSICIANS, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ALL STATEMENTS AND OPINIONS EXPRESSED BY OTHER USERS ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING SUCH STATEMENTS AND DO NOT NECESSARILY REFLECT THE OPINION OF RVO. RVO IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY MATERIALS OR STATEMENTS PROVIDED BY ANY THIRD PARTY.
- MONETARY LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE RVO PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID RVO IN CONNECTION WITH THE SERVICE IN THE NINETY (90) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
- FAILURE TO PAY. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID RVO ANY AMOUNTS IN THE NINETY (90) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RVO IS TO STOP USING THE SERVICE.
- DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Indemnification. You agree to defend, indemnify, save, and hold the RVO Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties and covenants made by you herein, including but not limited to your entering Protected Health Information into the Service. RVO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RVO and you agree to cooperate with RVO’s defense of these claims. RVO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this Section will survive any termination of the Terms or of the Service.
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Disclaimer of Warranties.
- General Provisions.
- Updates to the Terms and Privacy Policy.
- Right to Update. RVO reserves the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Service. You may also be given additional notice, such as an email message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted. RVO may also revise other policies, codes or rules at any time and the new versions will be available on RevisionOptics.com or in the Service. No amendment to the Terms or Privacy Policy shall apply to any dispute of which RVO had actual notice before the date of the amendment.
- Seeking Consent. If RVO revises these Terms or its Privacy Policy and seeks your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before using the Service again, then notwithstanding anything to the contrary, RVO reserves the right to terminate your use of the Service.
- Disagreement With Terms. If at any time you do not agree to any provision of the then-current version of our Terms, the Privacy Policy or any other RVO policy, rule or code of conduct relating to your use of the Service, your right to use the Service will immediately terminate, and you must immediately stop using the Service.
- Conflict. To the extent these Terms or the Privacy Policy conflict with any other RVO terms, policy, rule, or code of conduct, the provisions of these Terms and the Privacy Policy will prevail.
- Severability. If any provision of these Terms or the Privacy Policy is found invalid, illegal, or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
- Assignment. RVO may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without the prior written consent of RVO; any purported assignment or delegation in violation of this Section 7.3 is void.
- Supplemental Policies. RVO may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your use, if any, of such services is subject to such specific policies and these Terms.
- Entire Agreement. These Terms, together with any supplemental policies, the Privacy Policy, and any other documents expressly incorporated by reference herein, contain the entire agreement between RVO and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
- No Waiver. The failure of RVO to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of RVO’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by RVO of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by RVO shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of RVO.
- Notices. We may notify you via postings on www.RevisionOptics.com and via email or any other communications means through contact information you provide to us. All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the email address in this Section 7.7. Any notices that you provide without compliance with this Section 7.7 shall have no legal effect.
- Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to RVO are of a unique and irreplaceable nature, the loss of which shall irreparably harm RVO and which cannot be replaced by monetary damages alone, so that RVO shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2.
- Force Majeure. RVO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RVO, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond RVO’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, internet or network communication systems, labor or materials.
- Governing Law. The Terms and Privacy Policy shall be governed by the laws of the State of California notwithstanding its conflict of laws provisions.
- Updates to the Terms and Privacy Policy.