General/Acceptance of Terms
PLEASE READ CAREFULLY BEFORE USING THIS 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: August 2, 2010.
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. 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.
Links to Third-Party Websites
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 websites 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.
ACUFOCUS, KAMRA, "REJUVENATING EVERYDAY VISION," the "disc and rays" design, "THE INTRA-CORNEAL COMPANY," and "NATURAL VISION FOR EVERYDAY LIVING" are either registered trademarks or trademarks of AcuFocus whether or not appearing with any trademark symbol. These trademarks represent important intellectual property assets of AcuFocus. 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.
© 2010 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.
Disclaimer of Warranties; Limitation of Liability
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 CURRENTNESS OF SUCH INFORMATION, OR ANY PRODUCTS, SERVICES, OR LINKS TO THIRD-PARTY WEBISTES 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 EXCEPTION 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, US $100.00.
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 courts in Orange County, California in the event of any dispute between you and AcuFocus arising from your use of the Site.
CAUTION: The KAMRA™ inlay is an investigational device, limited by federal (U.S.) law to investigational use and not available for sale in the United States.
The Site is owned and operated by AcuFocus from its headquarters in Irvine, California. 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.
AcuFocus is not a covered entity under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). While AcuFocus is concerned about your privacy, it is not required to comply with HIPAA’s Privacy and Security Rules. Please carefully consider the privacy implications of any information you provide to AcuFocus on this Site or otherwise.
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 that 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.
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.
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.
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 the 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.
Questions and Comments
32 Discovery, Suite 200
Irvine, California 92618 USA
CAUTION The KAMRA™ Inlay is an investigational device, limited by federal (U.S.) law to investigational use and not available for sale in the United States.