Last updated: October 24, 2019
1. Overview
These Terms govern your use of any website (the “Websites”) operated by or on behalf of RxSight, Inc. based in Aliso Viejo, California, USA, on behalf of itself and its affiliates under common ownership and control (“RxSight”, “us”, “we”, or “our”) that links to these Terms. Please read these Terms carefully before using the Websites, including any mobile application, (the “Services”) operated by RxSight. Depending on where you reside, some provisions of these Terms may not apply to you. The provisions of these Terms shall apply to the maximum extent permitted by applicable local law.
2. Acceptance
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing the Services, you accept and agree to be bound by these Terms, which shall apply to all visitors, users, and others who access or use the Services. Do not use the Services if you do not accept these Terms.
3. Scope
The content, including all attachments, links, information, news, press releases, and materials provided in Services (“Content”) are for general informational purposes only. Any reproduction or copying of any Content of the Services without the prior written consent of RxSight is strictly prohibited. You agree that all Content included on the Services is owned by or licensed to RxSight and is protected by copyright, trademark, service mark, patent, or other proprietary rights and laws. Any rights not expressly granted herein are reserved. You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other system or networks connected to the Services, or to any RxSight server, or to any of the services offered on or through the Services. You may not access or use the Services to take any action that could harm RxSight or any third party or interfere with the operation of the Services and Content. You may not breach, scan, or test the vulnerability, security, or authentication measures of the Services or any network connected to the Services. You may not look up, trace, or seek any information on any other user of or visitor to the Services or exploit the Services or Content made available or offered by or through the Services in any way, nor may you use the Services in a manner that violates any applicable laws, rules, or regulations.
4. Termination of Access
RxSight reserves the right to terminate your access to all or part of the Services. You agree that RxSight shall not be liable to you or any third party for any termination of your access to the Services. Upon termination, the provisions of these Terms are intended to and shall survive termination and continue to have effect.
5. Third-party Website Links
Our Services may contain links to third-party web sites or services that are not owned or controlled by RxSight. RxSight assumes no responsibility for the content, privacy policies, or practices of any third-party websites. You further acknowledge and agree that RxSight shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such websites.
6. Medical Advice
The Content provided in connection with the Services are for informational purposes only. RxSight is not a healthcare provider, and nothing contained on the Services is intended to be a substitute for professional medical advice.
7. Accuracy of Information
Although we attempt to maintain the integrity and accuracy of the Services and its Content, the Services and its Content may contain errors, omissions, or inaccuracies. We make no guarantees as to its correctness, completeness, or accuracy, and we disclaim any duty or obligation to update the Services and its Content. Your reliance on the Services and its Content is at your own risk.
8. Product Information
RxSight offers the Light Adjustable Lens technology to treat medical conditions relating to eye health or vision. This is regulated by government agencies in each of the countries in which RxSight does business. The Services contain information about this technology which may or may not be available in any country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on the Services should be construed as a promotion or solicitation for RxSight’s technology in a way which is not authorized by any relevant law or regulation in your jurisdiction. The Services are located in the United States (“U.S.”) and is designed to comply with the laws, rules, and regulations of the U.S. Although accessible from other countries, the Services are intended for access and use by U.S. residents only, and we make no representation, warranty, or other guaranty that the Services are appropriate for use in any other jurisdiction. However, the Services may link to other sites which may be located outside the U.S. Those sites may have information that is not appropriate for users in the U.S. In no event shall the information in any of the Services be construed as a promotion or solicitation for the use of RxSight’s technology that is not authorized under the laws, rules, and regulations of the country where you are located. If you choose to access the Services from other locations, you do so at your own risk and are responsible for compliance with all applicable local laws, rules, and regulations.
9. Confidentiality and Security
Except as expressly set forth in our Privacy Policy, and without limiting any other provisions of these Terms, any communication or material you send to us through the Services, by email or otherwise, is and will be non-confidential. We shall be free to use all ideas, suggestions, inventions, know how, and techniques contained in such communication for any purpose, including invention, development, manufacturing, and marketing products, without any notification or compensation to you.
You may be required to provide personal information, account information, and a password to access portions of the Services. You agree to provide accurate and current information and maintain and update such information. We reserve the right to suspend or terminate any account you establish in connection with your use of the Services at our absolute and sole discretion. You agree to be fully responsible for all access, use, and activities that occur under your account.
Please consider the fact that submissions over the internet may not be secure. While we have measures in place to help prevent unauthorized access, maintain data security, and to make proper use of the information that we collect, you should be aware that no transmission of data over the internet is guaranteed to be completely secure, and we cannot guarantee the security of any information you provide to us.
10. Warranties
The Services and its Content are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. RxSight makes no warranties or representations, express or implied, that (i) the Services and its Content are accurate, complete, reliable or correct, (ii) the Services and its Content will be available at any time or location, (iii) any inaccuracies or errors will be corrected, or (iv) the Services and its Content is free of viruses or other harmful components. You agree that all access to and use of the Services, any linked site and the Contents thereof are at your own risk.
11. Limitation of Liability
Neither RxSight nor any party involved in creating, producing or delivering the Services, or any linked site, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the Services or any linked site, or any errors or omissions in the content thereof. RxSight reserves the right to alter the Content of the Services at any time for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, RxSight expressly disclaims any and all liability related to, arising from, or connected with linked sites of the Services. These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if RxSight has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, RxSight’s liability in such jurisdictions shall be limited to the maximum extent permitted by law and any exclusion or restriction on liability for death or personal injury arising from RxSight’s negligence or fraud will not apply if it is prohibited in your jurisdiction. RxSight will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with the Services, even if we have been advised of the possibility of such damages. If any of the limitations set out in these Terms are invalid or not enforceable, RxSight’s liability will be limited to the fullest extent permitted by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless RxSight and each of its respective directors, officers, employees, contractors, service providers, agents, and assigns, from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses and harms, including reasonable attorneys’ fees and expenses related to or associated with the Services, online conduct, violation of these Terms, or dealings or transactions with other persons resulting from use of the Services.
13. Intellectual Property/Copyright
All information, materials, text, images, audio, video, and other content appearing on the Services is the property of RxSight and/or applicable third parties. No title or ownership rights are transferred to you under these Terms or through your access to and use of the Services, and nothing herein shall be construed as a license to use any RxSight patent, trademark, copyright, trade secret, or other intellectual property right. The Services are protected under the copyright laws of the U.S. and other countries and are owned by RxSight or its third-party licensors to the fullest extent permitted under the U.S. Copyright Act and all applicable international copyright laws. All rights to our names, characters, logos, trademarks, service marks, product names, trade dress, slogans, product packaging, and designs displayed on the Services belong exclusively to RxSight, its affiliates, or respective licensors and are protected under U.S. and international laws, rules, or regulations. The Services may contain intellectual property owned by third parties and belong to the respective owner. Claims that Content on the Websites is infringing the copyright of a third party should be sent to RxSight, Inc., Legal, 100 Columbia, Aliso Viejo, CA 92656, USA.
14. Privacy Policy
RxSight’s Privacy Policy is a part of these Terms and is incorporated by reference.
15. User-Posted Content
Information and postings on forums, comment areas, blogs, or other interactive features may be provided by persons acting on our behalf, as well as unrelated third parties. Users of the Services are not otherwise connected with us and may use anonymous screen names. RxSight is not responsible for the Content of any communication submitted or posted by users to any features publicly viewable on the Services, such as blogs, message boards, or other interactive content, nor do we guarantee the truthfulness, veracity, accuracy, or validity of any posted communication. Any action you take or do not take based upon information posted to any of the Services interactive features is done at your own risk.
From time to time on certain areas of the Services, you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, threatening, harassing, infringing, violent, or otherwise objectionable or inappropriate as determined by RxSight in its sole and absolute discretion. You will not post any content that contains personal information about any individual, violates the privacy of any individual, or breaches any confidentiality or other contractual obligation to which you are bound. You will not impersonate any person or organization or misrepresent an affiliation with another person or organization. You will not post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Services. We may cancel your account, restrict access to Services, and delete User Content at any time if we deem that you have violated these Terms or any applicable law, rule, or regulation, or for any other reason in our sole and absolute discretion. RxSight does not assume any liability for any Content, including User Content, posted or removed from the Services.
By submitting communications or content to or through any part of the Services, you agree that such submission is non-confidential for all purposes and that any inclusion of personally identifiable information, such as your name or other information may allow others to identify you. If you are a healthcare professional, you agree that you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorization to disclose. We reserve the right, but assume no obligation, to monitor any submissions or postings and delete, move, or edit any User Content that we consider inappropriate or unacceptable for any reason. We may review comments and postings for relevance and appropriateness, and we may withhold, delay, or remove postings for any reason.
We reserve the right to republish any User Content contributed by any user of the Services. By posting, displaying, or publishing any content on the Services or submitting any correspondence to us, you expressly grant us a worldwide, nonexclusive, fully paid up, royalty free, sublicensable and transferable license to publish, reproduce, disclose, distribute, sell, or use User Content (including ideas, concepts, or techniques embodied in such materials) for any purpose whatsoever in any and all media known or hereinafter developed without the requirement to make any payment to you or to any third party or the need to seek your or any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, reproduction, or disclosure thereof. You represent and warrant that you own or have the right to all content submitted, displayed, published, or posted by you on the Services and have the right to grant the license set forth herein, and the displaying, publishing, or posting of User Content, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property or other rights of any person or entity.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of California, excluding any conflict of law rules. You and RxSight expressly agree to submit to the exclusive jurisdiction and venue of the courts in Orange County, California, in all disputes arising out of or relating to the use of the Services and waive any objection to such jurisdiction or venue.
17. Severability and Integration
Unless otherwise stated, these Terms constitute the entire agreement between you and RxSight and govern your use of the Services, superseding any prior or contemporaneous communications and proposals. If any portion of these Terms are held invalid or unenforceable, that portion shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms so that these Terms shall remain in full force and effect.
18. Supplemental Terms and Conditions
In connection with your access to Services, you may be asked to consent to additional policies or terms and conditions. Please read these supplemental policies or terms and conditions carefully before accessing or making any use of such portions of the Services. Any supplemental policies or terms and conditions will not vary or replace any of these Terms unless otherwise expressly stated.
19. Waiver
The failure of RxSight to enforce any provisions of these Terms or respond to a breach by you or other parties shall in no way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
20. Changes
We reserve the right to modify or replace these Terms and modify, suspend, or discontinue, temporarily or permanently the Services at any time in our sole and absolute discretion without advance notice to you. Such modifications shall be effective immediately upon being posted in relation to any Services. Continuing to access and use the Services after posting modifications to the Terms constitutes your acceptance of such modifications.
21. Contact Us
If you have any questions about these Terms, please contact us.
