AUTHORIZED AND UNAUTHORIZED USE
This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18. If you are 18 years old or younger, you are not authorized to submit any information to us without the explicit consent of your parent or legal guardian. By accessing or using the Website, you represent and warrant that you are 18 years of age or older; and your use of the Website does not violate any applicable law or regulation. The Website and all Content (defined below) contained herein are provided for personal non-commercial use, with options for permitted commercial purposes upon receipt of payment. You consent to all applicable laws and regulations when utilizing the Website for any business-related use, including but not limited to, integration into business plan and growth strategy, advertising, promotion, creating web pages, integration into product, software or other business-related tools or any other use for the purposes of generating profit, and strictly excludes any illegal, immoral or defamatory purpose (“Permitted Commercial Purposes”).
Some examples of unauthorized or illegal use of this Website include, but are not limited to:
OUR OWNERSHIP OF INTELLECTUAL PROPERTY
All content, including without limitation, software, course materials, other informational materials, text, images, photographs, videos, graphic material, and any other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (collectively, the “Content”) made available to you by the Website are the property of Optonome, its parent, subsidiaries, affiliates, assigns, partners, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Images of people or places displayed on the Optonome site are either the property of, or used with permission by Optonome. Use of these images by you or other third parties is prohibited.
You should assume everything on the Website is copyrighted unless otherwise noted and may not be used without the express written consent of Optonome. Optonome neither warrants or represents that your use of the material displayed on the Optonome site will not infringe rights of third parties. Any product, service, program, or technology described on the Optonome site or other document published by Optonome may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by Optonome. Any such right that is not expressly licensed herein is reserved by Optonome.
THIRD PARTY INFORMATION
The appearance on the Website of external hyperlinks to third party sites or other references in our materials to third parties or for any postings in any Optonome discussion boards or community forums, in any form, do not constitute endorsement by us or any of our subsidiaries and affiliates of such third parties, including but not limited to, the opinions or views expressed by any such third-party websites. We do not take responsibility for their business practices or the accuracy, currency, completeness or quality of the content contained at any such third-party websites or for any information posted by Optonome users or other third parties on any discussion boards or community forums. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services. As such, neither we nor our parent, subsidiaries, or affiliates will be responsible or liable to you in any way for any services, content, errors or omissions, or for the results obtained from the use of any third-party service and/or information contained in those third-party sites. By accessing any part of the Website, including any discussion forums, you agree to hold Optonome, its parent, subsidiaries, affiliates, licensees, owners, officers, moderators, administrators, webmasters and directors harmless from any loss, claim or damage arising from your use of the Website or of any information and ideas contained on the Website including following suggestions or advice posted on the discussion boards or community forums.
Any comments or material posted by Optonome users or third parties on any discussion boards or member forums.
PERSONAL ELECTRONIC DEVICES
You understand that when using the Website you should not expect any privacy except that which is governed by law. Optonome and an authorized employer has the right, at any time, to monitor and preserve any communications that use Optonome’s networks in any way, including data, voice mail, telephone logs, Internet use and network traffic, to determine proper use.
ACCESS INFORMATION AND COOKIES
We may collect information about the computers or mobile or other devices you use to access the Website, including IP address, location information, unique device identifiers, browser type, browser language or other information of this type.
OPTONOME ACCOUNT AND PASSWORDS
You may need an Optonome account to use some of our products and services. You may create an account or one may be assigned to you by Optonome, your employer or another organization. To protect your account, keep your password confidential. You are responsible for any activity that happens on or through your Optonome account. If you learn of any unauthorized use of your password or account, please contact us immediately. If you are using our products or services on behalf of a business, that business accepts these terms and conditions.
RELEASE AND LIMITATION OF LIABILITY/INDEMNITY
YOU HEREBY AGREE THAT YOUR USE OF THIS WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ALL COMMENTS OR CONTENT POSTED BY THIRD PARTIES ANYWHERE ON THE WEBSITE, INCLUDING ANY DISCUSSION BOARDS OR COMMUNITY FORUMS, AND ANY SUCH USE OF OR RELIANCE ON SUCH THIRD-PARTY CONTENT IS ALSO AT YOUR SOLE RISK. OPTONOME DOES NOT PROVIDE MEDICAL TRAINING, ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE THAT WE, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM YOUR MEMBERSHIP IN OPTONOME OR FROM USE OF THE WEBSITE.
You hereby agree that we are not responsible or liable for any infections, contamination, or other damages to your computer equipment or delays, inaccuracies, errors, or omissions arising out of your use of the Website. Optonome assumes no liability or responsibility for any errors or omissions in the Content on the Website. You further agree that, except for any express warranties stated on this site, if any, the Content on the Website is provided “as is” and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. Notwithstanding the foregoing, in no event shall our liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for membership fees.
Each provision of this Agreement shall be treated as a separate and independent clause and if any of them are determined by a court of competent jurisdiction to be invalid or unenforceable for any reason (including without limitation, because such provision is excessively broad as to scope, activity or subject), such provision or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them so as to be enforceable to the fullest extent compatible with the then applicable law.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through emailor SMS (See SMS terms) if you have provided us with your accurate email address.
Optonome maintains strict customer information privacy policies and uses state of the art technologies to safeguard customer information and communications from unauthorized intrusions. Companies, governments, or other organizations, like Optonome, often need to collect customer identifiable information in order to conduct business and offer services. As the term suggests, “customer identifiable” information is information which can be associated with a specific individual or entity, including, for example, a customer’s name, address, or telephone number, e-mail address, and information about online activities that are directly linked to them.
Optonome will not sell, trade, or disclose to non-affiliated third parties any customer identifiable information derived from the registration for or use of a Optonome online service — including but not limited to customer names and addresses — without the consent of the customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the customer or others). The company will not read or disclose to third parties private e-mail communications that are transmitted using Optonome services except as required to operate the service or as otherwise authorized by law.
Optonome will collect and use customer identifiable information to promote and facilitate connecting site users (individuals and companies), for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to create and inform you of products and services that better meet your needs. This means that Optonome may use your customer identifiable information, in conjunction with information available from other sources, to market new services to you that we think will be of interest to you, but we will not disclose your customer identifiable information to third parties who want to market products to you.
A customer may choose not to receive direct marketing communications from Optonome in connection with Optonome online services. Upon such choice, Optonome (a) will not contact that customer directly with marketing messages about Optonome, and (b) will not use customer identifiable information obtained from that customer’s registration for or use of an online service to contact that customer with marketing messages about any Optonome products or services. A customer may choose not to receive such messages by e-mail, by mail, or by telephone.
Customer-identifiable information which a visitor volunteers at one of the Optonome websites to order Optonome services other than online services will be protected just as if the information had been provided under more traditional ways of ordering that service.
Optonome servers automatically gather information about which sites customers visit on the Internet and which pages are visited within the Optonome Website. The company does not use that information except in the aggregate. By using the Website, you may submit, or Optonome may gather, certain limited information about you and your usage of the site
Optonome has implemented technology and security features and strict policy guidelines to safeguard the privacy of your customer identifiable information from unauthorized access or improper use, and we will continue to enhance our security procedures as new technology becomes available. Optonome may periodically add, change, or improve any of the information, products, services, programs, and technology described on the Optonome site without notice.
Apart from your customer identifiable information, any communication or material you send to the Optonome site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Optonome may also use customer identifiable information to investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates the customer agreement for that service.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We do not knowingly collect personal information from children under the age of thirteen (13) without parental consent. If you are a child under 13 years of age, you are not permitted to use the Website or Optonome and should not send any information about yourself to us through the Website.