Welcome to the Cybersight website (the “Website”). Project Orbis International, Inc. (“Orbis”, “we”, “us” or “our”) provides the services available on the Website to you subject to the following terms and conditions (the “Terms and Conditions”).
By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1. Accuracy of Information
The information contained on this Website is general in nature and is designed for use by health care professionals only. It is not meant to replace the advice of health care professionals. If you have specific health care needs, please see a doctor or other health care provider.
We attempt to be as accurate as possible when providing you with information on the Website; however, to the extent permitted by applicable law, we do not warrant that the content available on the Website is accurate, complete, reliable, current or error-free. We reserve the right to add, modify, correct or delete any information to or from the Website at any time without any notice. We make no commitment, however, to update or correct such information.
2. Intellectual Property
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Orbis, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Orbis, our affiliates, our partners or our licensors, in the United States and other countries.
Except as set forth in Sections 3 and 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
3. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this Section 3 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view Content); (ii) make any use of the Website or its Content other than non-commercial use; (iii) create any derivative work based upon either the Website or its Content; (iv) remove copyright notices or other proprietary rights notices contained in the Website or its Content; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for non-commercial use only. A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this Section 3 without prejudice to any other remedy provided by applicable law.
4. 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 our Website (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 the Website, 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 the Website 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.
- Third Party LinksWe are not responsible for the content of any websites linked to or from the Website. Links appearing on our Website to other websites are for convenience only and are not an endorsement, sponsorship or recommendation by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any other website is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of other websites that you visit.6. Representations and Warranties; Limitation of LiabilityTHE WEBSITE IS PRESENTED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us 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 the Website or its Content, including any claims resulting from the diagnosis of and provision of health care to patients through the Member Area of our Website. 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.
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States and the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Website 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.
You acknowledge and agree that these Terms and Conditions, and the Partner Agreement or Mentor Agreement between you and Orbis, if applicable, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us at Support@cybersight.org