1. SCOPE OF AGREEMENT
Please take a few minutes to read this Agreement carefully.
Please note: Ocuray makes no representations or guarantees that information on the Sites is accurate. Ocuray asks users who submit content to affirm that any information in the content is accurate, but Evolution Optiks Limited does not verify the accuracy of the information submitted by users. All content on the Sites is provided solely to assist users in exercising their own best judgment and at their own risk.
2. INFORMATION AND PASSWORDS
You may register and create a personal account to access certain features and functions of the Sites. You are solely responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your account. Evolution Optiks Limited does not retain liability or responsibility for such use.
3. EVOLUTION OPTIKS LIMITED INTELLECTUAL PROPERTY
Evolution Optiks Limited retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Site, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“Evolution Optiks Limited Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Evolution Optiks Limited, including Evolution Optiks Limited’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”).
You have no rights in or to such Evolution Optiks Limited Content or Trademarks and you will not use any Evolution Optiks Limited Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the Evolution Optiks Limited Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display Evolution Optiks Limited’s Trademarks in any manner without Evolution Optiks Limited’s prior written consent. Unless we specifically consent in writing, Evolution Optiks Limited’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Evolution Optiks Limited.
Unless otherwise specifically set forth on the Sites or unless written consent is provided, you may only use and access, download and copy the Evolution Optiks Limited Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the Evolution Optiks Limited. You acknowledge and agree that the Evolution Optiks Limited is made available for informational and educational purposes only, and is provided to assist you in exercising your own judgment. Evolution Optiks Limited Content is not a substitute for legal advice or your best judgment. The accuracy of Evolution Optiks Limited Content is not guaranteed, and Evolution Optiks Limited makes no representation or warranty of any kind. Unless otherwise specifically specified on the Sites, such as a Evolution Optiks Limited rating or alert, Evolution Optiks Limited Content should not be construed as a representation of the opinions of Evolution Optiks Limited. Evolution Optiks Limited does not give legal advice. Your reliance upon Evolution Optiks Limited Content obtained through the Sites is solely at your own risk. All rights not expressly granted in this Agreement are reserved to us.
You expressly agree that the Sites may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Sites in any way that could result in criminal or civil liability. Use of the Sites from outside of Barbados shall be in compliance with the laws of the jurisdiction from which you access the Sites.
5. DISCLAIMER OF WARRANTY
Evolution Optiks Limited does not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of the sites and disclaims any liability for errors or omissions in the sites. The sites are provided “as-is” without any warranty, either express or implied. Evolution Optiks Limited disclaims all warranties, including, but not limited to, any implied warranties of non-infringement, title, merchantability or fitness for a particular purpose, or any warranty that the site is free of viruses or other harmful components. This does not affect those warranties that are not subject to exclusion, restriction or modification under the laws applicable to this agreement.
Any material downloaded or otherwise obtained through the sites is acquired at your own discretion and risk and you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.
You agree to indemnify and hold harmless Evolution Optiks Limited and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Evolution Optiks Limited Parties”) from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Evolution Optiks Limited Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Sites and any material you access using the Sites or by any other means; (ii) a third party’s use of such material that you access using the Sites and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Evolution Optiks Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant Evolution Optiks Limited Parties.
7. LIMITATION OF LIABILITY
Under no circumstances shall Evolution Optiks Limited be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Sites or the information contained in the Sites; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Sites, even if advised of the possibility of such damages.
Your use of the Sites does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and Evolution Optiks Limited. Use of the Sites does not provide you with the authority to enter into any agreements for or on behalf of Evolution Optiks Limited. Moreover, use of the Sites does not grant you the authority, either express or implied, to incur obligations or liability on behalf of Evolution Optiks Limited. By using the Sites, you agree that no attempts to subject Evolution Optiks Limited to any such obligations or liability will be made.
Failure by Evolution Optiks Limited to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
10. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Sites shall be governed by and construed in accordance with the laws of Barbados., without regard to its conflict of laws rules. You agree that you will notify Evolution Optiks Limited in writing of any claim or dispute concerning or relating to your use of the Site and give Evolution Optiks Limited a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Evolution Optiks Limited. You agree to submit to the personal jurisdiction of the state and federal courts located in the City and Country of Bridgetown, Barbados.
11. OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with Evolution Optiks Limited. If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.
12. ADDITIONAL TERMS
Certain sections or pages on the Sites may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Evolution Optiks Limited reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that Evolution Optiks Limited will not be liable to you or any third party for any modifications to the Agreement.
15. SECTION HEADINGS
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.