Terms of Use - Femto-Laser Arcuate Incision Calculator Software

Terms of Use Policy

Last Updated February 11, 2013

This Terms of Use Policy (this “Policy”) controls your access to and use of laserarcs.com and all forms of information hosted thereunder, whether as part of the primary domain, any subdomain, or any other designation thereof, including text, pictures, animation, video and sound recording, software programs, and any other content that may now or shall hereinafter be present thereon (the “Website”), and binds you, your heirs, devisees, beneficiaries, executors, successors and assigns (“you”) and shall inure to the benefit of LaserArcs, LLC, an Illinois limited liability company (“LaserArcs”) and its successors and assigns. By accessing, browsing or utilizing this Website you are accepting without limitation or qualification, this Policy of LaserArcs as stated herein, and acknowledge that any other agreement between you and LaserArcs concerning the subject matter herein is superseded by this Policy and of no force or effect. If you visit the Website you accept these conditions. If you do not consent to this Policy, you should not utilize the Website in any manner whatsoever. If you have questions regarding this Policy, or feel that LaserArcs is not abiding by this Policy, please contact us at bjones@laserarcs.com.

Terms of Use

General

All material on the Website is information of a general nature and does not address the circumstances of any particular individual or entity, nor is it intended to provide medical, legal or diagnostic advice. Nothing on the Website constitutes medical and/or diagnostic advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance.

Access

You may access and use the Website solely to view information about the products and services offered by LaserArcs for your informational use or as expressly authorized by LaserArcs. You agree not to access or use the Website for any other purpose including, without limitation, any purpose that is prohibited by this Policy or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. LaserArcs may, in its sole discretion, terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.

Restricted Area

Certain portions of the Website may be accessible only to users that register to use those portions of the Website (“Registered Users”). Unauthorized use of the restricted portions of the Website (“Restricted Area”), including, but not limited to, unauthorized entry into the Restricted Area, misuse of usernames or passwords, access of the Restricted Area beyond the scope of your authorization (including, but not limited to, any authorization contained in the terms of any Femto-Laser Arcuate Incision Calculator Software License Agreement between you and LaserArcs), or misuse of any access information or information contained in the Restricted Area, is strictly prohibited. You may not attempt to gain unauthorized access to the Restricted Area or any LaserArcs computer system or network, through hacking, password mining or any other means. If you register to use the Restricted Area, you will choose or be issued, a username and password and, once you have a username and password, you will be considered a Registered User and issued an account to use the Website. However, we may terminate your status as a Registered User for any reason (or no reason) with or without notice to you, and you agree not to access the Restricted Area at any time after we give you notice of such termination.

Password

If you are issued a username and password, you may not authorize any third party to access and/or use your username, password, or account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree not to provide your username, password, or account information to any third party. You agree to notify us immediately of any suspicious or unauthorized use of your username, password, or account. If you fail to comply with the foregoing obligations, you will be held fully responsible for all activities conducted using your username, password, or account.

Privacy Policy

The treatment of personally identifiable information that LaserArcs collects when you are on the Website and when you use or purchase any goods or services provided by LaserArcs is subject to and governed by our Privacy Policy, Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices.

You recognize and agree that when submitting any personally identifiable information to the Website, while LaserArcs has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, LASERARCS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY YOU, EVEN IF LASERARCS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LASERARCS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY YOU SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR OWN PASSWORD.

Electronic Communications

When you visit the Website or send e-mails to LaserArcs, you are communicating with LaserArcs electronically. In so doing, you consent to receive communications from LaserArcs electronically, whether by e-mail or by posting notices on the Website. By accessing the Website and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Risk; Limitation of Liability

Your use of and browsing of the Website is at your own risk. Neither LaserArcs nor any other party involved in creating, producing or delivering this web site is liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to or use of, this web site even if LaserArcs has been advised of the possibility of such damages. Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE WEBSITE AND ALL THE CONTENTS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) LASERARCS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) LASERARCS MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE or any advice, statement, or other information displayed or distributed through thIS WEBSite, (D) LASERARCS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LASERARCS IS NOT RESPONSIBLE FOR THOSE COSTS.

LaserArcs also assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of or browsing of the Website. In no event shall LaserArcs’s total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to LaserArcs, whether or not any such amounts are actually paid, for accessing the Website or any of the content thereon.

Links to Other Sites

The Website may feature various links to HTML, scripts, graphics, images, video and audio, databases or other media assets, websites, content, or other files not hosted or operated by LaserArcs (each, a “Third Party Site”), and all such links are provided solely as a convenience to you. LaserArcs has not reviewed any Third Party Site and does not control and is not responsible for any Third Party Site or its content. Notwithstanding any content on the Website indicative of the contrary, LaserArcs makes no endorsement of or representation about any Third Party Site, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any Third Party Site linked to in the Website, you do so entirely at your own risk. LaserArcs assumes no responsibility for the privacy, terms of use or other policies of any Third Party Site. LaserArcs recommends that you review any Third Party Site’s privacy policies before submitting any information. LaserArcs assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any Third Party Site navigated to or accessed from links hosted on or contained in the Website.

LaserArcs does not guarantee that you will receive an alert when you leave the Website, and it is your responsibility to determine when you have left the Website.

Links to laserarcs.com

Anyone linking to the Website must comply with all applicable laws, the following guidelines and this Policy. A Third Party Site may link to the Website, but may not replicate any content contained therein. In addition, any Third Party Site that links to the Website may not:

create a border or browser environment around Website content,
imply that LaserArcs is endorsing it or its products,
misrepresent its relationship with LaserArcs,
present false information about LaserArcs, its products or services,
use the LaserArcs logo or name or phrase without prior written permission from LaserArcs, or
contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.

Trademarks / Copyright

The LaserArcs name and logos and are trademarks of LaserArcs. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Website without the express written permission of LaserArcs. Your misuse of the trademarked name or logo of LaserArcs, or any menus, labels, or other content of the Website, is strictly prohibited. You are also advised that LaserArcs will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. LaserArcs reserves all rights pertaining to the Website.

All images, designs, icons, logos, photographs and other materials that appear or are accessible on the Website (“Website Materials”) are copyrights, trademarks and trade dress and/or other intellectual properties owned, controlled and/or licensed by LaserArcs. The use of Website Materials by you or anyone else authorized by you is prohibited unless specifically permitted by this Policy. In addition to violating this Policy, any unauthorized use of such images may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You should assume that everything you see, read or access on the Website is copyrighted and owned by LaserArcs unless otherwise noted, and may not be used except as provided in this Policy without the express written permission of LaserArcs. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify LaserArcs by providing our copyright agent with the following in writing:

Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit LaserArcs to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.

To submit a notification of claimed infringement, please contact LaserArcs’s Designated Agent at the following address:

LaserArcs, LLC

Attn: Copyright Concerns

3990 N. Illinois

Swansea, IL 62226

Email: bjones@laserarcs.com

Sale of LaserArcs or its Assets

The information collected through and contained on the Website (the “Information”) is considered a trade secret of LaserArcs. As the owner of the Information, LaserArcs may disclose, transfer or sell any Information as an asset of the company in conjunction with due diligence for or completion of a merger, reorganization or sale to a third party of LaserArcs or in conjunction with a sale of any portion of LaserArcs’s assets. Although such an event is not currently anticipated, changes to this Policy may result from changes in LaserArcs’s status.

Language

In case of any inconsistency between this English language Policy and its translation into another language, this English language document controls.

Governing Law and Jurisdiction

LaserArcs operates the Website within the United States of America, and this Policy is governed by the laws of the United States of America and the State of Illinois, without giving effect to the conflict of law provisions thereof and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal action arising from or relating in any way to the Website will be brought exclusively in the Federal or State courts located in St. Clair County, Illinois, and you irrevocably agree to submit to the jurisdiction of such courts.

Changes in this Policy

LaserArcs reserves the right to change, amend, adjust, add to or delete from this Policy as stated here from time to time, as necessary and without notice. LaserArcs advises that you check the Website frequently to obtain updates, and you expressly agree to be bound by any such updates.

General

You agree that this Policy describes the entire agreement between us with respect to its subject matter. Further, you agree to indemnify, defend and hold harmless LaserArcs and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Website. If any provision of this Policy shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the remainder of the Policy and shall not affect the validity and enforceability of any remaining provisions.