1. Acceptance of the Terms of Use

Welcome to Cybersight  (”Cybersight”). Project Orbis International, Inc. (“Orbis”, “we”, “us” or “our”) provides the services available on Cybersight to you subject to the following terms and conditions (the “Terms and Conditions”).

These Terms of Use govern your access to and use of Cybersight, including any content, functionality and services offered on or through Cybersight. By accessing or using Cybersight, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound and abide by these Terms and Conditions and our Privacy Policy.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of Cybersight following the posting of revised Terms of Use means that you accept and agree to the changes. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of Cybersight.

3. Accessing Cybersight and Account Security

We reserve the right to withdraw or amend Cybersight in our sole discretion.

To access Cybersight or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Cybersight that all the information you provide on Cybersight is correct, current and complete. You agree that all information you provide to register with Cybersight or otherwise, including but not limited to through the use of any interactive features on Cybersight, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4. Medical Disclaimer

The information and advice contained in or made available through Cybersight (including, but not limited to, web pages, library content, videos, Consult Program, live webinars, real-time discussions) is not intended to replace the services of a trained health professional or to be a substitute for medical advice of physicians. The user should consult a physician in all matters relating to his or her health, and particularly in respect to any symptoms that may require diagnosis or medical attention. Orbis makes no representations or warranties with respect to any information offered or provided within or through Cybersight regarding treatment, action, or application of medication. Neither Orbis, nor any of its Affiliates will be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom.

5. Endorsements

Orbis does not endorse any specific commercial product mentioned on Cybersight or any commercial products linked to by Cybersight.

6. Intellectual Property Rights

Cybersight and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Content”), are owned by Orbis, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use Cybersight for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Cybersight, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages, videos or other content from Cybersight for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of Cybersight or any services or materials available through Cybersight.

If you wish to make use of material on Cybersight other than that set out in this section, please address your request to: Support@cybersight.org.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Cybersight in breach of the Terms of Use, your right to use Cybersight will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Cybersight or any content on Cybersight is transferred to you, and all rights not expressly granted are reserved by Orbis. Any use of Cybersight not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

7. Trademarks

Orbis’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Orbis or its affiliates or licensors. You must not use such marks without the prior written permission of Orbis. All other names, logos, product and service names, designs and slogans on Cybersight are the trademarks of their respective owners.

8. Prohibited Uses

You agree that you shall not use Cybersight or its contents:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Orbis, an Orbis employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use of Cybersight, or which, as determined by Orbis, may harm Orbis or users of Cybersight or expose them to liability.

Additionally, you agree not to:

  • Use Cybersight in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Cybersight, including their ability to engage in real time activities through Cybersight.
  • Use any robot, spider or other automatic device, process or means to access Cybersight for any purpose, including monitoring or copying any of the material on Cybersight.
  • Use any manual process to monitor or copy any of the material on Cybersight or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of Cybersight.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Cybersight, the server on which Cybersight is stored, or any server, computer or database connected to Cybersight.
  • Attack Cybersight via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of Cybersight.

9. User Contributions

Cybersight may contain user forms and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through Cybersight.

All User Contributions must comply with the Content Standards set out below in these Terms of Use.

Any User Contribution you post to Cybersight will be considered non-confidential and non-proprietary. By providing any User Contribution on Cybersight, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent or warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Orbis, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of Cybersight.

10. Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Reliance on Information Posted

The information presented on or through Cybersight is made available solely for general information purposes and is designed for use by health care professionals. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Cybersight, or by anyone who may be informed of any of its contents.

Cybersight may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Orbis, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Orbis. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to Cybersight

We may update the content on Cybersight from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Cybersight may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visits to Cybersight

All information we collect on Cybersight is subject to our Privacy Policy. By using Cybersight, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Linking to Cybersight and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Cybersight may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on Cybersight.
  • Send e-mails or other communications with certain content, or links to certain content, on Cybersight.
  • Cause limited portions of content on Cybersight to be displayed or appear to be displayed on your own or certain third-party websites.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

15. Link from Cybersight

If Cybersight contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Cybersight, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Consult Program

If you are a registered member of our Cybersight Consult Program that has been provided with a user name and password, you may access and use the Patient Consultation section of Cybersight (the “Member Area”). The Member Area is intended for use by health care professionals to exchange information in connection with the diagnosis of and provision of health care to patients with a vision-related medical condition and may not be used for any other purpose. You may not knowingly enter false information about any patient in the Member Area.

Any information provided on Cybersight, whether through the Cybersight Consult Program or otherwise, constitutes informal education and consultation only, and is not intended to create a treatment relationship between Orbis or any participating member on the one hand, and any patient on the other.

If you use the Member Area, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all information that is entered under your user name or password. We reserve the right to terminate accounts, or remove or edit content inputted by any member, for any reason, in our sole discretion without prior notice.

If you use the Member Area, you are further responsible for maintaining the confidentiality of any personal and confidential information regarding any patient, including the patient’s name, birth date, image, identification numbers and medical history (collectively, “Personal Information”). By using Cybersight you agree to take all steps necessary to protect, and otherwise prevent the unauthorized disclosure of, any Personal Information to which you have access as part of your use of the Member Area.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Cybersight will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CYBERSIGHT OR ANY SERVICES OR ITEMS OBTAINED THROUGH CYBERSIGHT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF CYBERSIGHT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH CYBERSIGHT IS AT YOUR OWN RISK. CYBERSIGHT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH CYBERSIGHT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ORBIS NOR ANY PERSON ASSOCIATED WITH ORBIS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF CYBERSIGHT. WITHOUT LIMITING THE FOREGOING, NEITHER ORBIS NOR ANYONE ASSOCIATED WITH ORBIS REPRESENTS OR WARRANTS THAT CYBERSIGHT, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH CYBERSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CYBERSIGHT OR ANY SERVICES OR ITEMS OBTAINED THROUGH CYBERSIGHT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ORBIS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

IN NO EVENT WILL ORBIS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CYBERSIGHT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON CYBERSIGHT OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH CYBERSIGHT OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify and hold Orbis, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Cybersight, including, but not limited to, your User Contributions, any use of Cybersight’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Cybersight.  You agree to defend, indemnify and hold Orbis harmless for any loss, damages or costs, including reasonable attorneys’ fees and disbursements, resulting from any third-party claim, action, or demand resulting from your use of Cybersight or its Content, including any claims resulting from the diagnosis of and provision of health care to patients through the Member Area of Cybersight. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

20. Governing Law and Jurisdiction; Arbitration

All matters relating to Cybersight and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Cybersight shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Any dispute relating in any way to your visit to Cybersight shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

21. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22. Waiver and Severability

No waiver by Orbis of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Orbis to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23. Void Where Prohibited

Although Cybersight is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Cybersight are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Orbis reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

24. Entire Agreement

You acknowledge and agree the Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Orbis with respect to your use of Cybersight and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Cybersight.

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. You agree that Cybersight is not a business associate, as defined by the United States Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any related regulations. You acknowledge and agree that Cybersight is not in compliance with HIPAA or any similar laws or regulations of any country and that Orbis shall have no responsibility or liability with respect to any such compliance.

If you have any questions regarding these Terms of Use, please contact us at Support@cybersight.org. All notices of copyright infringement claims, as well as all other feedback, comments, requests for technical support and other communications relating to Cybersight should be directed to: Support@cybersight.org.