A. INTRODUCTION TO OUR SERVICES
To access the Website and related services, you need compatible hardware, software (latest version recommended and sometimes required) and in some instances Internet access (fees may apply). The Website’s performance may be affected by these factors. You are solely responsible for any hardware, software and Internet or data access required to access or use the Website. By accessing and using the Website on your mobile phone or through the Internet, you acknowledge and agree that (i) you may receive certain communications from Insight and (ii) you are solely responsible for all fees you may incur from the provider or carrier of the mobile or Internet services that you use, including data charges. Insight makes no representation or warranty and does not accept any responsibility whatsoever for unavailability of the Website or any difficulty or inability to download or access content or any other communication system failure which may result in the Website being unavailable.
B. USING THE WEBSITE
Your use of the Website must follow the rules set forth in this section (“Usage Rules”). Any other use of the Website is a material breach of this Agreement. Insight may monitor your use of the Website to ensure that you are following these Usage Rules.
You agree that you are only authorized to visit and view pages of this Website for your own personal, non-commercial use. You shall not duplicate, publish, modify or otherwise distribute the material on the Website for any purpose other than as expressly set forth herein. You may only use the Website as permitted by law, including applicable export and re-export laws and regulations. The software on this Website and any content posted by or on behalf of Insight on the Website is the property of Insight and/or its affiliates, licensors or service providers, as applicable, and is protected by U.S. and international copyright and other intellectual property laws. You agree that you will not remove, obscure or alter any legal notices displayed on the Website. You may not store, modify, reproduce, transmit, reverse engineer or distribute the content or software on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Insight is strictly prohibited. Gathering email addresses through harvesting or automated means by you is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited.
E-MAIL AND OTHER NOTIFICATIONS
You agree to us sending to you communications via email (“Email Notifications”). You acknowledge and agree that receipt of Email Notifications is dependent on the operation and service of your device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving Email Notifications or by the insufficient operation of your mobile device, mobile network and mobile phone company.
You may opt out of receiving Email Notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.
C. PURCHASE TRANSACTIONS
Unless otherwise stated in an express written agreement signed by Insight, the terms and conditions contained in Insight’s standard Terms and Conditions of Sale, as amended from time to time, shall apply to all purchase transactions initiated through the Website.
D. INTELLECTUAL PROPERTY
You agree that the Website, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Website, contain proprietary information and material that is owned by Insight and/or its affiliates or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website for personal, noncommercial uses in compliance with this Agreement. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Website in any manner, and you shall not exploit the Website in any manner not expressly authorized. The Insight name, the Insight logo, and other trademarks, service marks, graphics, and logos of Insight used in connection with the Website are trademarks or registered trademarks of Insight or its licensors in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks. For the avoidance of doubt, Insight is not transferring, conveying, licensing or assigning any copyrights or other intellectual property rights hereunder. To the extent you provide us with any suggestions, feedback, enhancement requirements or recommendations (“Suggestions”), you assign to Insight all rights in and to such Suggestions and agree that Insight may use any Suggestions, and permit any other persons or entities to use any Suggestions, for any purpose.
E. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
If you believe something on this Website has infringed your intellectual property rights, please notify our agent and provide the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) Identification of the copyrighted work claimed to have been infringed, (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you, (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Website’s Copyright Agent can be reached at Insight Vision + Brain Diagnostics LLC, 19100 127th Street, Bristol, Wisconsin 53104, Attention: General Counsel.
F. THIRD PARTY LINKS AND SERVICES
G. TERMINATION AND SUSPENSION OF SERVICES
If you fail, or Insight suspects that you have failed, to comply with any of the provisions of this Agreement, Insight may, without notice to you: (i) terminate your use of the Website, (ii) bar you from future use of the Website, and/or (iii) take appropriate legal action against you.
Insight further reserves the right to modify, suspend, or discontinue the Website (or any part, service or content thereof) at any time with or without notice to you, and Insight will not be liable to you or to any third party should it exercise such rights.
H. DISCLAIMER OF WARRANTIES
INSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INSIGHT MAY REMOVE THE WEBSITE OR SUPPORT FOR THE WEBSITE FOR INDEFINITE PERIODS OF TIME, CANCEL THE WEBSITE OR SUPPORT FOR THE WEBSITE AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK AND EXPENSE. THE WEBSITE AND ALL SERVICES AND CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Any information or recommendation made available through the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as business, legal, accounting or any other professional advice. A possibility exists that the Website could include inaccuracies or errors, or information or materials that violate the Usage Rules. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Website.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, IN NO CASE SHALL INSIGHT, ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR SERVICES OR CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, INSIGHT'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY INSIGHT.
INSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE INSIGHT FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. INSIGHT IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.
J. WAIVER AND INDEMNITY
BY USING THE WEBSITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INSIGHT, ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN BY INSIGHT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM INSIGHT, ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INSIGHT'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
If you are a California resident, you hereby waive each and all the provisions of the California Civil Code, Section 1542 (to the extent it would be applicable), which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
K. GOVERNING LAW
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Insight, and all transactions through the Website shall be governed by the laws of the State of Illinois, excluding its conflicts of law provisions. You and Insight agree to submit to the personal and exclusive jurisdiction of the courts located within McHenry County, Illinois, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
L. OTHER PROVISIONS
This Agreement constitutes the entire agreement between you and Insight with respect to the subject matter hereof and governs your use of the Website, superseding any prior agreements with respect to the same subject matter between you and Insight. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, third party software, or additional services.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Insight's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Insight will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Insight may notify you with respect to the Website by a posting on the Website, by e-mail or through mobile push notifications as set forth herein. Unless otherwise stated, notices shall become effective immediately.
You agree that Insight has the right (but not the obligation) to take steps Insight believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
You acknowledge and agree that Insight’s affiliated companies are deemed third party beneficiaries of this Agreement, and upon your acceptance of the terms of this Agreement, such affiliates will have the right (and are deemed to have accepted the right) to enforce the terms of this Agreement against you to the same extent as Insight.
The Website is not intended for use by minors.
Any provision of this Agreement that by its nature extends beyond the termination of this Agreement, including but not limited to Sections D (Intellectual Property), H (Disclaimer of Warranties), I (Limitation of Liability), J (Waiver and Indemnity), and K (Governing Law), shall survive any termination of this Agreement. The termination of this Agreement shall not affect liability for any breach of this Agreement prior to such termination.
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