NovaVision, Inc. ("NovaVision") created and maintains this Website to provide information to and communicate better with physicians, patients, investors, and others who may be interested in learning more about NovaVision and the products and services it offers. You may use this Website, provided you comply with these terms and conditions. NovaVision reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Please take a few minutes to carefully review these terms and conditions. By accessing and using this Website you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this Web site.
The information provided on this Website is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Website is intended to be for medical diagnosis or treatment. Nothing contained on this Website is intended to guarantee any results or outcomes regarding the specific medical condition of any person viewing content on this Web site as results may vary.
Everything you see and hear on this Website (the "Content"), including, for example, all of the text, articles, studies, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by NovaVision, Inc. or by one of its affiliates, or by third parties who have licensed their materials to NovaVision. The entire Content of this Website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. NovaVision owns the copyright in the selection, coordination, arrangement and enhancement of the Content.
You may download, store, print, and copy selected portions of the Content of this Website, provided you: 1) Only use the Content you download for your personal, noncommercial use or to further your business dealings with NovaVision; 2) Do not publish or post any part of the Content on any other Internet Web site without obtaining the prior written consent of NovaVision; 3) Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of NovaVision; 4) Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality. No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. NovaVision reserves all intellectual property rights in any Content you download from this Website.
You are prohibited from posting on or transmitting through the Website any unlawful, indecent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or materials liable to incite racial hatred or in breach of confidence, in breach of privacy or for which you have not obtained all necessary licenses and / or approvals, or any material that could constitute or encourage conduct that would or may be considered a criminal offence, give rise to civil liability, or otherwise violate any law or regulation of, or infringe the rights of any third party under your respective laws.
Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this Website without first obtaining written permission from NovaVision.
All of the trademarks, service marks and logos displayed on this Website (the "Trademark(s)") are registered and unregistered trademarks of NovaVision, one of its affiliates, or third parties who have licensed their Trademarks to NovaVision or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining NovaVision's written permission.
NovaVision welcomes your comments and feedback regarding this Website. Other than "personal data" (which is governed by our Privacy Policy), you should assume that any communication and information you transmit will not be private. All information and materials, including comments, ideas, questions, designs, and the like, submitted to NovaVision through this Website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to NovaVision through this Website, you assign to NovaVision, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. NovaVision will be entitled to use any information or materials you submit through this Web site for any purpose whatsoever, without restriction and without compensating you in any way.
This Web site may contain hyperlinks to Websites that are not operated by NovaVision. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party Websites or any association with their operators. NovaVision makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink linking to this Website. NovaVision does not control these Web sites and is not responsible for their content. You are granted a limited, non-exclusive right to create a hyperlink to the NovaVision Website provided such link does not portray NovaVision or any of its affiliates, products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any NovaVision trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without NovaVision's express written consent.
Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This Website contains references or cross references to NovaVision products, programs and services that may not be available or announced in your country. These references do not imply that NovaVision intends to announce such products, programs or services in your country. Consult your local NovaVision sales representative or contact NovaVision if you have questions about which products, programs and services may be available to you.
NovaVision believes in protecting user privacy. Please refer to our Privacy Statement for information on how NovaVision uses and collects information and how we protect your privacy.
Access to and use of password protected and / or secure information areas of the Web site is restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Web site may be subject to prosecution. If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold NovaVision harmless against any liability for that harm.
THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NOVAVISION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NOVAVISION DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. NOVAVISION DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS WEB SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NOVAVISION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS INCLUDED OR REFERRED TO IN THIS WEB SITE OR THE RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL NOVAVISION, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF NOVAVISION OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NOVAVISION AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
This Website is controlled and operated by NovaVision from its offices within the United States. The laws of the State of Florida govern any claim relating to, and the use of, this Web site without resort to its conflict of law provisions. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida.
In the event any of the provisions would be held to be unenforceable, the remaining provisions shall remain in full force and effect and the unenforceable provision shall be replaced by such enforceable provision as comes closest to the intention underlying the unenforceable provision.
NovaVision's failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision herein. NovaVision may assign its rights and duties under these Terms of Use to any party at any time without notice to you. This Agreement constitutes the entire agreement between you and NovaVision with respect to your access to and/or use of this Website.