OCULOGICA, INC. (“OCULOGICA”, “WE” OR “US”) Internet web site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND OCULOGICA AND GOVERN YOUR ACCESS TO, AND USE OF, THE OCULOGICA OWNED WEBSITE LOCATED AT WWW.OCULOGICA.COM (THE “SITE”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. OCULOGICA MAY MAKE CHANGES TO THE CONTENT ON THIS SITE AT ANY TIME. OCULOGICA CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND OCULOGICA MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES.  IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USING THIS SITE.  IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

YOU MUST BE AGE 18 AND OVER TO USE THIS SITE.  YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE.

General Use Restrictions.

OCULOGICA provides content through this Site.  Certain information and documents provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by OCULOGICA and are the copyrighted and/or trademarked work of OCULOGICA or OCULOGICA’s contributors.

OCULOGICA grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials of this Site solely for your personal use.  Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms or if we terminate your use of the Site for any reason.  Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials.  Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

Third Party Content.

Certain information and other content may be provided by third party licensors and suppliers to OCULOGICA (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  You agree to only display the Third Party Content on your personal computer solely for your personal use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.  OCULOGICA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not OCULOGICA sites. OCULOGICA is providing these links to you only as a convenience, and OCULOGICA is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities.

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.  You agree to indemnify and hold OCULOGICA and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) OCULOGICA or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

All trademarks on this site marked with a ® are registered trademarks of OCULOGICA, Inc.  All trademarks marked with a ™ are common law trademarks of OCULOGICA, Inc. in the United States. All third party trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole properties of OCULOGICA, INC., Copyright © 2013 OCULOGICA.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties.

Your use of this Site and/or the services is at your own risk.  Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by OCULOGICA, and they may include inaccuracies or typographical or other errors.  OCULOGICA does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site.  OCULOGICA has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by OCULOGICA or our licensors.  It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site.

OCULOGICA, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE SERVICES OFFERED ON THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

THE INFORMATION AVAILABLE THROUGH THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR A DIAGNOSIS, OR TREATMENT.  ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE!

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

OCULOGICA DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.

Limitation of Liability.

OCULOGICA AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, DOWNLOADING OR USING ANY MATERIALS, THIRD PARTY CONTENT TO OR FROM THIS SITE.  IN NO EVENT SHALL OCULOGICA BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF OCULOGICA KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

CERTAIN STATES DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Local Laws; Export Control.

OCULOGICA controls and operates this Site from its headquarters in the United States of America and the Materials, and/or Third Party Content may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are responsible for following applicable local laws.