Terms of Service
Last Updated: 09.21.2022
Welcome, and thank you for your interest in neurolens, a product of Neurolens®, Inc. (“Neurolens®,” “we,” or “us”) and our website at www.neurolens.ca, including subdomains of that website (the “Site”). These Terms of Service are a legally binding contract between you and Neurolens® regarding your use of the Site.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND NEUROLENS’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY NEUROLENS® AND BY YOU TO BE BOUND BY THESE TERMS.
Not applicable to Quebec consumers and to other consumers in jurisdictions where prohibited: ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 11.3, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NEUROLENS® ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 11.)
1. Neurolens® Site Overview. The Site provides users with general information about our products and services. The Find-a-Doctor tool provides a list of available independent providers based on geographic location and who have experience with Neurolens® products. This list of providers does not represent all available providers in the geographic area where you live and is provided for informational purposes only. By providing the list of providers, Neurolens® does not endorse or recommend any particular provider.
2. Admissibility. You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) either you are at least 18 years of age or have been authorized to use the Site by your parent or legal guardian who is at least 18 years of age and who will supervise your use of the Site; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If you are an eye care professional, your use of the Site may be subject to additional terms and conditions.
3.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Neurolens® grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.
3.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
3.3. Information You Submit. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Neurolens® an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
4. Ownership; Proprietary Rights. The Site is owned and operated by Neurolens. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Neurolens® are protected by intellectual property and other laws. All Materials included in the Site are the property of Neurolens® or its third-party licensors. Except as expressly authorized by Neurolens, you may not make use of the Materials. Neurolens® reserves all rights to the Materials not granted expressly in these Terms.
5. Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:
5.1. use the Site for any illegal purpose or in violation of any local, state, national, or international law;
5.2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
5.3. interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
5.4. interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
5.5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Site account without permission;
5.6. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
5.7. attempt to do any of the acts described in this Section 5 or assist or permit any person in engaging in any of the acts described in this Section 5.
6. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Site. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 6, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
7. Term, Termination and Modification of the Site
7.1. Term. These Terms are effective beginning when you accept the Terms, first contact us, or use the Site, and ending when terminated as described in Section 7.2.
7.2. Termination. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminates. In addition, Neurolens® may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.
7.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site; and (b) Sections 3.2, 3.3, 4, 7.3, 8, 9, 10, 11 and 12 will survive.
7.4. Modification of the Site. Neurolens® reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Neurolens® will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
8. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Neurolens® and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Neurolens Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
9. Disclaimers; No Warranties
9.1. THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEUROLENS® DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NEUROLENS® DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NEUROLENS® DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
9.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR NEUROLENS® ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NEUROLENS® ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
9.3. WE DO NOT PROVIDE MEDICAL ADVICE. THE INFORMATION MADE AVAILABLE THROUGH THE SITE IS NOT A SUBSTITUTE FOR ANY PROFESSIONAL MEDICAL ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR EYE CONDITION. ALL INFORMATION OR CONTENT PROVIDED ON OUR SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY, INCLUDING INFORMATION ABOUT OUR COMPANY, SUBSIDIARIES, PRODUCTS, TECHNOLOGY, AND SOLUTIONS. ANY INFORMATION OR CONTENT LABELED OR OTHERWISE DIRECTED TO HEALTHCARE PROFESSIONALS IS INTENDED FOR USE SOLELY BY HEALTHCARE PROFESSIONALS FOR INFORMATIONAL PURPOSES ONLY. HEALTHCARE PROFESSIONALS SHOULD EXERCISE THEIR OWN PROFESSIONAL JUDGMENT WHEN USING OUR SITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH OUR SITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. USE OF OUR SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP. NO INFORMATION CONTAINED ON THE SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE INFORMATION PROVIDED THROUGH THE SITE HAS THE ABILITY TO DIAGNOSE, PRESCRIBE, OR PERFORM ANY TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE.
IF YOU ARE A PATIENT OR A HEALTHCARE CONSUMER, YOU SHOULD NOT USE ANY INFORMATION FOUND ON OUR SITE TO REPLACE YOUR RELATIONSHIP WITH YOUR HEALTHCARE PROFESSIONAL, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION AS PROFESSIONAL MEDICAL ADVICE. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SITE. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
WHILE WE ATTEMPT TO KEEP ALL THE INFORMATION ON THE SITE UP-TO-DATE, INFORMATION CAN CHANGE QUICKLY, AND THE INFORMATION AND CONTENT THAT YOU FIND ON OUR SITES SHOULD NOT BE CONSIDERED ERROR-FREE OR AS A COMPREHENSIVE SOURCE OF ALL INFORMATION ON A PARTICULAR TOPIC. FEATURES AND SPECIFICATIONS OF ANY OF OUR PRODUCTS DESCRIBED OR DEPICTED ON OUR SITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU MAY TAKE BASED UPON THE INFORMATION AND MATERIALS ON OUR SITE. YOUR USE OF ANY OF THE PRODUCTS DESCRIBED ON OUR SITE IS SUBJECT TO ADDITIONAL DISCLAIMERS AND TERMS AND CONDITIONS THAT ACCOMPANY EACH PRODUCT.
THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES. LINKED WEBSITES ARE NOT UNDER NEUROLENS’ CONTROL, AND NEUROLENS® IS NOT RESPONSIBLE FOR THEIR CONTENT.
9.4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NEUROLENS® DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT NEUROLENS® IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
10. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NEUROLENS® ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NEUROLENS® ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NEUROLENS® ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE ENTITIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE ENTITIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Not applicable to Quebec consumers and to other consumers in jurisdictions where prohibited:
11.1. Generally. Any dispute between you and Neurolens® with respect to these Terms that cannot be resolved by amicable discussion (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through binding arbitration in Coppell, TX, conducted in the English language in front of a single arbitrator in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Neurolens®.
11.2. No Class Actions. YOU AND NEUROLENS® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Neurolens® agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11.3. Enforceability. If Section 11.2 is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, you and Neurolens® agree that the exclusive jurisdiction and venue described in Section 12.2 will govern any action arising out of or related to these Terms.
12.2. Governing Law. Not applicable to Quebec consumers and to other consumers in jurisdictions where prohibited: These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and Neurolens® submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Dallas County, TX. for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in Texas,
12.4. Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
12.6. Contact Information. The Site is offered by Neurolens, Inc. located at 1234 Lakeshore Drive, Suite 200 Coppell, TX 75019. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
12.7. No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
12.8. International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.