Disclaimer For RetinaClear
Throughout the Site, we may provide links and pointers to Internet
sites maintained by third parties. Our linking to such third-party
sites does not imply an endorsement or sponsorship of such sites, or
the information, products or services offered on or through the sites.
In addition, neither we nor affiliates operate or control in any
respect any information, products or services that third parties may
provide on or through the Site or on websites linked to by us on the
Site.
If applicable, any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third
parties, including information providers, are those of the respective
authors or distributors, and not COMPANY. Neither COMPANY nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content. Furthermore, COMPANY
neither endorses nor is responsible for the accuracy and reliability
of any opinion, advice, or statement made on any of the Sites by
anyone other than an authorized COMPANY representative while acting in
his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE
AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT
MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY
its affiliates, their successors, transferees, assignees and licensees
and their respective parent and subsidiary companies, agents,
associates, officers, directors, shareholders and employees of each
from and against any and all claims, causes of action, damages,
liabilities, costs and expenses, including legal fees and expenses,
arising out of or related to your breach of any obligation, warranty,
representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different
types of products and services online that are provided by third
parties. We are not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you
make a purchase from a merchant on the Site or on a site linked to by
the Site, the information obtained during your visit to that
merchant's online store or site, and the information that you give as
part of the transaction, such as your credit card number and contact
information, may be collected by both the merchant and us. A merchant
may have privacy and data collection practices that are different from
ours. We have no responsibility or liability for these independent
policies. In addition, when you purchase products or services on or
through the Site, you may be subject to additional terms and
conditions that specifically apply to your purchase or use of such
products or services. For more information regarding a merchant, its
online store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant's website and click on
its information links or contact the merchant directly. You release us
and our affiliates from any damages that you incur, and agree not to
assert any claims against us or them, arising from your purchase or
use of any products or services made available by third parties
through the Site.
Your participation, correspondence or business dealings with any third
party found on or through our Site, regarding payment and delivery of
specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are
solely between you and such third party. You agree that COMPANY shall
not be responsible or liable for any loss, damage, or other matters of
any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you
or someone acting on your behalf through the Site. You agree to use
the Site and to purchase services or products through the Site for
legitimate, non-commercial purposes only. You also agree not to make
any purchases for speculative, false or fraudulent purposes or for the
purpose of anticipating demand for a particular product or service.
You agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so. When
making a purchase for a third party that requires you to submit the
third party's personal information to us or a merchant, you represent
that you have obtained the express consent of such third party to
provide such third party's personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards,
web logs, chat rooms, and email services, which allow feedback to us
and real-time interaction between users, and other features which
allow users to communicate with others. Responsibility for what is
posted on bulletin boards, web logs, chat rooms, and other public
posting areas on the Site, or sent via any email services on the Site,
lies with each user - you alone are responsible for the material you
post or send. We do not control the messages, information or files
that you or others may provide through the Site. It is a condition of
your use of the Site that you do not:
COMPANY may host message boards, chats and other private/public forums
on its Sites and on other platforms. Any user failing to comply with
the terms and conditions of this Agreement may be expelled from and
refused continued access to, the message boards, groups, chats or
other such forums in the future. COMPANY or its designated agents may
remove or alter any user-created content at any time for any reason.
Message boards, chats and other public forums are intended to serve as
discussion centers for users and subscribers. Information and content
posted within these public forums may be provided by COMPANY staff,
COMPANY's outside contributors, or by users not connected with
COMPANY, some of whom may employ anonymous user names. COMPANY
expressly disclaims all responsibility and endorsement and makes no
representation as to the validity of any opinion, advice, information
or statement made or displayed in these forums by third parties, nor
are we responsible for any errors or omissions in such postings, or
for hyperlinks embedded in any messages. Under no circumstances will
we, our affiliates, suppliers or agents be liable for any loss or
damage caused by your reliance on information obtained through these
forums. The opinions expressed in these forums are solely the opinions
of the participants, and do not reflect the opinions of COMPANY or any
of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or
postings on the message boards, chat rooms or other public forums on
the Sites. However, you acknowledge and agree that we have the
absolute right to monitor the same at our sole discretion. In
addition, we reserve the right to alter, edit, refuse to post or
remove any postings or content, in whole or in part, for any reason
and to disclose such materials and the circumstances surrounding their
transmission to any third party in order to satisfy any applicable
law, regulation, legal process or governmental request and to protect
ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide
certain demographic information including your gender, year of birth,
zip code and country. In addition, if you elect to sign-up for a
particular feature of the Site, such as chat rooms, web logs, or
bulletin boards, you may also be asked to register with us on the form
provided and such registration may require you to provide personally
identifiable information such as your name and email address. You
agree to provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form. If we have
reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the Site
(or any portion thereof). Our use of any personally identifiable
information you provide to us as part of the registration process is
governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and
password, which you will receive through the Site's registration
process. You are responsible for maintaining the confidentiality of
the password and account, and are responsible for all activities
(whether by you or by others) that occur under your password or
account. You agree to notify us immediately of any unauthorized use of
your password or account or any other breach of security, and to
ensure that you exit from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising from your
failure to protect your password or account information.
Mobile Message Service
The RetinaClear mobile message service (the "Service") is operated by
RetinaClear (“RetinaClear ”, “we”, or “us”). Your use of the Service
constitutes your agreement to these terms and conditions (“Mobile
Terms”). We may modify or cancel the Service or any of its features
without notice. We may also modify these Mobile Terms at any time and
your continued use of the Service following the effective date of any
such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all
charges and fees associated with text messaging imposed by your
wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system
or other technology. Your consent to receive autodialed marketing text
messages is not required as a condition of purchasing any goods or
services. If you have opted in, the Service provides updates, alerts,
information, promotions, specials, and other marketing offers from
RetinaClear via text messages through your wireless provider to the
mobile number you provided. Message frequency is recurring. Text the
single keyword command STOP, CANCEL or UNSUBSCRIBE to cancel at any
time. You'll receive a one-time opt-out confirmation text message. If
you have subscribed to other RetinaClear mobile message programs and
wish to cancel, you will need to opt out separately from those
programs by following the instructions provided in their respective
mobile terms. We may change any short code or telephone number we use
to operate the Service at any time. You acknowledge that any messages,
including any HELP, STOP, CANCEL or UNSUBSCRIBE requests, you send to
a short code or telephone number we have changed may not be received,
and we will not be responsible for honoring requests made in such
messages.
The wireless carriers supported by the Service are not liable for
delayed or undelivered messages. You agree to provide us with a valid
mobile number. If you change your mobile phone number, you agree to
opt out of the Service prior to changing your mobile number. You agree
to indemnify, defend, and hold us harmless from any third-party
claims, liability, damages or costs arising from your use of the
Service or from you providing us with a phone number that is not your
own.
You agree that we will not be liable for failed, delayed, or
misdirected delivery of any information sent through the Service, any
errors in such information, and/or any action you may or may not take
in reliance on the information or Service.
Anti-Spam Policy
Anti-Spam Policy In the context of electronic messaging, spam refers
to unsolicited, bulk, or indiscriminate messages typically sent for a
commercial purpose. We provide a facility that enables users to send
email messages / private messages to others. Users must not use this
facility to send unsolicited, bulk, or indiscriminate messages,
whether or not for commercial purposes. Receipt of unwanted messages
from our company: In the unlikely event that you receive any message
from us or sent using our systems that may be considered to be spam,
please contact us by using the details below and the matter will be
investigated.