Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO AND CONDITIONED UPON THE FOLLOWING TERMS AND DISCLAIMERS, AND YOUR COMPLIANCE WITH OTHER APPLICABLE LAWS. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION, THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT USE THIS SITE.


USE OF INFORMATION AND MATERIALS:

This site (“Site”) is owned and operated by Optogenics, Inc. (“Optogenics”) for your personal information, education and communication. Please feel free to browse this Site. However, your access and use of this Site, and the material contained herein, are subject to the following terms and conditions, as well as all applicable laws. 

This Site may be used for legal purposes only. You may not use this Site or any of Optogenics’ services to disseminate any defamatory, obscene or other unlawful material. You may not use this Site to collect personal information about other users of this Site, including their Internet addresses. In addition, other actions that Optogenics does not allow on this Site are the exploitation of minors, the distribution of hate materials, or the unauthorized distribution of copyrighted materials.

Optogenics reserves the right, in its sole discretion and at any time, to modify or discontinue its services, to limit, terminate or suspend your use of its services, and/or make changes to these terms of use, and you agree to be bound by any such changes. Since you are bound by any changes to these terms of use, you should periodically visit this page to review the then-current terms of use to which you are bound.

Your use of this Site constitutes your agreement to these terms of use. You further agree that by using Optogenics’ services you will be subject to any applicable charges for such services as set forth in the terms and conditions of any services you choose.

TRADEMARKS AND COPYRIGHT:

The trademarks, trade names, logos and service marks displayed on this Site, including the name Optogenics, are the property of Optogenics Inc., unless otherwise indicated. You are prohibited from using any such marks without Optogenics’ written permission or the third party that owns any such mark. 

COPYRIGHT © Optogenics INC. 1998-2009, ALL RIGHTS RESERVED

The information contained in the pages of this Site, and in any of the screens or frames of this Site, as well as the layout and design of this Site is owned by Optogenics unless otherwise indicated. 

No licenses are being given through the use of this Site. Nothing on this Site shall be construed as conferring any license under Optogenics’ or any other third-party’s intellectual property rights, whether by implication, legal estoppel or otherwise.

PRIVACY POLICY

Please review our Privacy Policy which is hereby incorporated by reference.

You acknowledge that you are responsible for any information or materials which you post on this Site and/or provide to Optogenics, and that you, not Optogenics, have the full responsibility for the legality, originality, appropriateness, reliability and copyright of the same. Unless otherwise explicitly stated, herein, or in our Privacy Policy, any materials provided by you in connection with this Site shall be deemed to be provided on a non-proprietary and non-confidential basis.

Optogenics seeks to avoid any potential misunderstandings or disputes over unsolicited ideas, suggestions or artwork, in the event that Optogenics’ products or marketing might seem similar to any submission. Therefore, Optogenics discourages the submission of unsolicited ideas through this Site, including ideas or suggestions regarding: existing products or services, improvements for existing products or services, promotions, advertising, design, names or logos. Please do not send any ideas, suggestions or artwork through this site or by e-mail. If, despite this request, you do send ideas, suggestions or artwork through this site or by e-mail, the following terms shall apply to your submission.

AS A CONDITION OF YOUR USE, YOU AGREE THAT ALL INFORMATION, IDEAS, SUGGESTIONS OR ARTWORK SUBMITTED (“SUBMITTED INFORMATION”) TO Optogenics VIA THIS SITE OR BY E-MAIL SHALL BE DEEMED AND SHALL REMAIN THE PROPERTY OF Optogenics AND Optogenics SHALL BE FREE TO USE, FOR ANY PURPOSE, ANY IDEAS, CONCEPTS, KNOW HOW OR TECHNIQUES CONTAINED IN THE SUBMITTED INFORMATION YOU PROVIDE TO Optogenics THROUGH THIS SITE OR E-MAIL. IN NO EVENT WILL Optogenics BE SUBJECT TO ANY OBLIGATIONS OF CONFIDENTIALITY REGARDING SUBMITTED INFORMATION. Optogenics MAY USE THE SUBMITTED INFORMATION FOR ANY PURPOSE AND IN ANY WAY, AND MAY EVEN GIVE OR SELL THE SUBMITTED INFORMATION TO OTHERS.

RELATIONSHIP WITH OTHER PARTIES

Unless otherwise specifically indicated, Optogenics is NOT an agent or representative of any third-party and has not authorized any third party to act on its behalf. Optogenics is not responsible for information provided by a third-party.

LINKS TO THIRD-PARTY SITES AND MATERIALS

Optogenics may provide links from this Site to additional Internet sites and/or materials maintained by others. The other sites are not under the control of Optogenics. Optogenics has included these links as a convenience to you. However, Optogenics has not reviewed all of the third-party sites or materials that are linked to this Site and is not responsible for the contents of or any related products or services offered in any such third-party sites.

IF YOU CHOSE TO USE ANY OF THIS SITES HYPERLINKS TO INTERNET SITES OR RESOURCES OFFERED BY A THIRD-PARTY, YOU DO SO AT YOUR OWN RISK. OPTOGENICS HAS NOT REVIEWED INVESTIGATED, VERIFIED, OR MONITORED ALL OF THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE SITES AND RESOURCES. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT ENDORSED BY OPTOGENICS.

OPTOGENICS MAKES NO WARRANTY

EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

OPTOGENICS DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELY UPDATING OF THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE. OPTOGENICS EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS. THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. OPTOGENICS DOES NOT WARRANT THAT ANY OF THE ELECTRONIC INFORMATION, SOFTWARE OR HARDWARE CONTAINED ON OR RELATED TO THIS SITE, ITS SUPPORT OR ANY COMPONENTS THEREOF, ARE FREE FROM ERRORS OR THAT ALL ERRORS SHALL BE CORRECTED.

OPTOGENICS DOES NOT WARRANT THAT IT HAS OR WILL REVIEW, INVESTIGATE, VERIFY, OR MONITOR THE CONTENT, ACCURACY, OPINIONS EXPRESSED, OR ACTIVITIES ON THIS SITE. NOR DOES OPTOGENICS WARRANT THE ENFORCEMENT OF THESE TERMS OF USE. ENFORCEMENT OF THESE TERMS OF USE SHALL BE AT OPTOGENICS’ OPTION AND FOR THE BENEFIT OF OPTOGENICS ALONE. ALTHOUGH OPTOGENICS PROHIBITS THE USE OF THIS SITE AND ITS SERVICES TO DISSEMINATE DEFAMATORY, OBSCENE OR OTHER UNLAWFUL MATERIAL, COLLECT PERSONAL INFORMATION ABOUT OTHER USERS OF THIS SITE, EXPLOIT MINORS, OR DISTRIBUTE HATE MATERIALS OR UNAUTHORIZED COPYRIGHTED MATERIALS, OPTOGENICS DISCLAIMS ALL LIABILITY ARISING IN CONNECTION WITH THESE ACTS OR ACTIVITIES OR THE USE THEREOF OR IN CONNECTION WITH OPTOGENICS’ ACTION OR FAILURE TO ACT IN CONNECTION WITH ITS ENFORCEMENT OF THESE TERMS OF USE. 

LIMITATION OF LIABILITY

You use this Site is at your risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Site.

OPTOGENICS DISCLAIMS ANY LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, WHETHER DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE IN NATURE. IN NO EVENT WILL OPTOGENICS BE LIABLE FOR ANY DAMAGES OR ANY OTHER LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR THE USE THEREOF BY YOU OR A THIRD-PARTY OR DUE TO ANY INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE TO ENFORCE THESE TERMS OF USE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS OR FAILURE OF ANY COMMUNICATION LINE OR COMPUTER SYSTEM, EVEN IF OPTOGENICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SITE. OPTOGENICS SHALL NOT BE LIABLE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THIS SITE OR ANY MATERIALS CONNECTED HEREWITH.

AS A CONDITION OF YOUR USE, YOU AGREE TO HOLD OPTOGENICS HARMLESS FROM AND YOU COVENANT NOT TO SUE OPTOGENICS FOR ANY CLAIMS AND AGREE TO INDEMNIFY OPTOGENICS FOR ALL CLAIMS RELATING TO YOUR DOWNLOADING, USE, REPRODUCTION, RECEIPT AND/OR DISTRIBUTION OF CONTENT THROUGH THIS SITE. 

MISCELLANEOUS

If any provision of these terms of use shall be for any reason unenforceable, then that provision will be deemed severed from these terms of use and will not affect the enforceability of the remaining provisions.

Any action related to these Terms of Use shall be governed by New York law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

These Terms of Use represent the entire understanding relating to the use of this Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Optogenics can revise these Terms of Use at any time without notice by updating this posting.

Headings are for organizational purposes only.

Thank You for choosing Optogenics On-Line.