These Terms of Use (“Agreement”) govern your use of the Oculiance website, and its related services, applications, data processing, data storage, and other features (together the “Website” or “Oculiance”). You must agree to these Terms of Use in order to use the Website. If you do not agree to these Terms of Use, you may not use the Website. These Terms of Use constitute a legal agreement between you and Tardigrade LLC, a Connecticut company that owns the Oculiance website. Use of the site constitutes your signature and acceptance to these Terms of Use.
These Terms of Use may be updated from time to time with or without notice to you. The most current Terms of Use are available by following hyperlinks from the www.oculiance.com index page. You are responsible for reviewing them prior to each use of the website. If you do not agree to the most current version of the Terms of Use, you may not use the website.
By agreeing to these Terms of Use, you warrant that you are of legal age as an adult, and competent to agree to these terms. If you are acting on behalf of an organization, you warrant that you are a member or other officer of that organization, duly authorized to bind that organization to agreement with these Terms of Use.
Individual applications, pages, sections, and other parts of the website may contain other terms, including rules, codes of conduct, instructions, Notice of Privacy Practices and similar restrictions on your use of the Website. These other terms are included into these Terms of Use by reference, and extend these Terms of Use. Where these other terms conflict with these Terms of Use, these Terms of Use govern and have priority.
Note that these Terms of Use contain an arbitration clause that limits your rights to settle disputes in court. All disputes regarding these Terms of Use and your use of the Website must be settled in arbitration or small claims court, and limit your rights to a trial by jury.
The Oculiance Notice of Privacy Practices is available by following the hyperlinks from the www.oculiance.com index page. You must agree to this agreement prior to using the Oculiance website.
Only members of Oculiance may use the Website. In order to use the Website, you must register using a registration page that collects certain information, including your name, email address, professional role, and other information relating to you personally. If you register a medical practice or other organization, you must register using a similar registration page and provide information about your organization. By registering yourself or your organization, you warrant that the information you provide is accurate and correct, including that the name you provide is your true name, and that you will not attempt to impersonate another person or organization, or attempt to hide your identity.
Registration as a member of Oculiance is limited to members of the eye care community, including:
ophthalmologists, optometrists, and opticians,
clinical and surgical eye technicians,
executives and administrators working in the eye care industry, including those working in surgery centers, eye care practices, or hospitals,
industry representatives serving the eye care industry, whether directly (such as in equipment sales or the pharmaceutical industry), or indirectly (such as accountants, lawyers, or even travel consultants providing services to eye care professionals),
others having a reasonable claim to working with the eye care industry.
Individuals or organizations not having a reasonable claim to working with the eye care industry may not use the Website.
The Website uses commercially reasonable measures to maintain security on its website and to prevent disclosure of private information to unauthorized parties. By using the Website, you agree:
that security of information on the website is a shared effort between Tardigrade LLC and users,
to always use strong passwords,
to never disclose your password to anyone,
to change your password frequently,
to keep your account information updated,
to report any unauthorized use of your account,
to log out of your account when you leave a device that is logged into your account,
to never permit another user to use your account, and that your are responsible for that user's actions on the account if you do,
to report any disclosure of your password or other security breach,
to never reveal HIPAA Protected Health Information (PHI) in an unauthorized area of the Website, and
to report PHI disclosures by yourself or others in unauthorized areas of the Website.
Tardigrade LLC does not guaranty or warranty that the site will be free of unwanted intrusion or hacking.
By using the Website, you agree to use it for only the legitimate purposes for which it was intended. You agree to refrain from:
The Oculiance website may contain links to third party websites or other online resources. If you choose to follow these links, you agree that:
you use the third party website or other online resource you access at your sole risk,
you agree to abide by the terms of use of that website or online resource,
Tardigrade LLC makes no representation or warranty, and is not responsible for the merchantability, reliability, security, or other qualities of that website or online resource.
The Oculiance website is solely owned by Tardigrade LLC. Tardigrade LLC reserves all right to the structure, code, design, database, settings, environment, content, agreements, content, copyright, trademarks, and other intellectual property created by it for the Website and any associated services and products.
Users may contribute suggestions, ideas, data, information, materials, documents, and other content to Oculiance and associated services. In doing so, you, the user, grant Tardigrade LLC an unrestricted, worldwide, non-exclusive, perpetual, royalty-free license to use, modify, publicly display, reproduce, sublicense, and distribute your content on, or in connection with the Oculiance website, or for other of its products. You agree that you own or have rights to the content you post, that you are responsible for that content, and that you will indemnify and hold Tardigrade LLC harmless from any and all losses arising out of your posting of that content.
Oculiance is a registered trademark of Tardigrade LLC.
The term for these Terms of Use lasts from your registration of a user account on the Oculiance website until you or we terminate your use of Oculiance. All representations, warranties, indemnifications, and limitations of liability shall survive the termination of this Agreement. Tardigrade LLC reserves the right to terminate, suspend, or restrict your use of Oculiance and any associated services for any reason, with or without notice.
Tardigrade LLC makes no warranties regarding the Website. It is provided on an “as is” and “as available” basis, and “with all faults.” It offers no warranty of any kind, either express or implied, except as required by law. The Website and its associated services may have interruptions in service, omissions, inaccuracies, errors, viruses, malware, or other problems that arise. Tardigrade LLC makes no representation that the Website or any associated services are merchantable, or meet any of your requirements.
In no event shall Tardigrade LLC, or its predecessors, successors, assigns, owners, directors, employees, parents, agents, contractors, or other affiliates be responsible for damages arising out of your use the Oculiance website or any associated services, including, but not limited to damages arising out of interruptions in service, consequential damages, business losses, lost data, or loss of business opportunities, regardless of any legal theory, regardless of whether such damages were foreseeable, and regardless of whether any party advised of the possibility of such damages.
In the event of a dispute between the parties, both parties shall work in good faith for a minimum of 60 days to resolve the dispute. In the event that the dispute remains unresolved after 60 days, either party may attempt to resolve the dispute in either small claims court in the City of Norwich, Connecticut, if the dispute falls within the jurisdiction and amount suitable for it, or through arbitration, as governed by the rules of the American Arbitration Association. A single arbitrator shall resolve the dispute, and shall enter his findings in a court of competent jurisdiction if necessary for the purposes of enforcing the award.
You hereby waive all right and claim for any dispute to be arbitrated or litigated on a class action, collective, joint, or consolidated basis.
You hereby waive any right to trial by jury, regardless of whether any dispute is resolved by arbitration or in court.
This Agreement shall be construed and governed by the laws of the State of Connecticut, without regard to its conflict of laws provisions.
You agree to defend, indemnify, and hold harmless Tardigrade LLC, or its predecessors, successors, assigns, owners, directors, employees, parents, agents, contractors, or other affiliates from any and all damages, claims, losses, expenses, and costs (including actual or reasonable attorney fees) resulting from actions arising out of your use of the Oculiance website or any associated services.
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
The covenants, undertakings and agreements set forth in this Agreement are solely for the benefit of, and are enforceable only by, the parties hereto and their respective successors and permitted assigns. No person or entity, except the parties shall be beneficiaries of any kind of the terms to this Agreement.
This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes all previous representations, understandings and agreements of the parties, whether oral or written, concerning the same.