Terms And Conditions


Thank you using our products and services. This Agreement outlines the terms of our privacy policy and the terms of your membership with Cyndescope, Inc. d/b/a Optonome (“Optonome”, we”, “us”, “our”), including your use of the Optonome website and any Optonome products or services. By using, visiting or accessing www.Optonome.com and all subdomains of Optonome.com or any of our products, services, software, data, or community forums (collectively, the “Website”) you are agreeing to abide by these terms of use (the “Terms of Use”) as a user of the Website or as a member under Optonome.com (collectively referred to as a “Member”). If you do not agree with these Terms of Use, you are not authorized by Optonome to access or use any portion of the Website or to become a Member of Optonome. Your status as a Member and your use of the Website shall serve your acknowledgment and acceptance of this Agreement. TERMS OF USE OF OPTONOME These Terms of Use shall remain in full force and effect while you use or access the Website or any of our services as a Member. Although we may attempt to notify you when material changes are made to these Terms of Use, it is your responsibility to periodically review the most up-to-date version located here. We may, in our sole discretion, change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use. 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”). You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute any content made available on the Website. You may not take any action to interfere with the regular functioning of the Website or any other user’s use of the Website. Except as otherwise permitted herein, you may not download, use, copy, license, or otherwise exploit any content in any manner or for any purpose without our prior written consent. You may not use profanity or store documents or images that include nudity or inappropriate content. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes and you agree that you will comply with all laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright laws or regulations. Some examples of unauthorized or illegal use of this Website include, but are not limited to: Collecting site or Member information without our prior, written authorization; Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; Using the Website in a manner inconsistent with any and all applicable laws and regulations; or Using any of our trademarks, names, logos or other intellectual property properties without advance written authorization from us. 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 agree that your use of the Content is limited to personal non-commercial use or Permitted Commercial Purposes with payment, but is non-assignable subject and to these Terms of Use. Optonome, may at any time and at its sole discretion, revoke any license to access, view, or use the Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate Content to any third party (including, without limitation, the display and distribution of the Content via a third-party website) without our express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Any unauthorized or prohibited use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes and may subject you to civil liability and criminal prosecution under applicable federal and state laws. 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. Optonome and authorized employers reserve the right to review or retain personal and company-related data when using the Website on personal devices or to release the data to government agencies or third parties during an investigation or litigation. Optonome and authorized employers may review the activity and analyze use patterns within the Website and may choose to publicize these data to ensure that resources in these areas are being used according to this policy and the authorized employers own personal electronics device policy. Except that which is required by law and governed by the Terms of Use herein, Optonome expressly disclaims any liability associated with the review and retention of data on personal devices. Accordingly, Optonome encourages all employers to implement and maintain their own personal electronics device policy. Furthermore, no user may knowingly disable any network software or system identified as a monitoring tool. 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. Cookies are small files that are stored on your computer, unless you block them. We use cookies to understand and save your preferences for future visits and compile aggregate data about our Website traffic and site interaction so that we can offer better experiences and tools to our users. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are permitted to use the information collected on our behalf to help us conduct and improve our business. Cookies may be set by an organization other than Optonome for which Optonome has implemented “plug-ins.” Since the cookie policies of these sites change over time, you should determine their policies by visiting the privacy policy pages of these sites directly. You may disable cookies through your individual browser options. If you would like to learn more about cookies please refer to the following website: http://www.allaboutcookies.org/ 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. You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from, or related to, i) any breach by you of these Terms of Use, ii) the content of any information submitted by you iii) your use of our services in an unauthorized manner, or iv) a violation by you of any and all applicable laws, rules, or regulations. GOVERNING LAW This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania (without regard to its conflicts of law rules). You hereby expressly consent to exclusive jurisdiction and venue in the state courts located in Philadelphia, Pennsylvania, Philadelphia County for all matters arising in connection with these terms of use and/or your access or use of the Website. This Agreement shall be interpreted without regard to any rule of construction based upon which party drafted this Agreement. WAIVER; REMEDIES The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. SEVERABILITY; REFORMATION 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. MISCELLANEOUS These Terms of Use and your Membership with Optonome are personal to you and may not be transferred or assigned. Use of your Membership is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Paragraph. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and if any provision shall be held to be excessively broad as to scope, activity, duration, or subject, it shall be construed by limiting it to be enforceable to the maximum extent compatible with applicable law. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. CONTACT US Please contact us at www.Optonome.com or at hello@Optonome.com with any questions regarding these Terms of Use. NOTICE 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. PRIVACY POLICY OF OPTONOME 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. The following Online Privacy Policy governs Optonome and its affiliates, and applies to all customer identifiable information that Optonome obtains when a customer registers for or uses the Optonome service, including using, visiting, or accessing the Website or other websites maintained or owned by Optonome. 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. Optonome honors requests from customers for account information, for example, name, address, or billing information, and will correct any such information which may be inaccurate. Customers may verify that appropriate corrections have been made. If you are a consumer with concerns about the Optonome online privacy policy or its implementation you may contact us at hello@Optonome.com. 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. Thank you for helping us better protect your privacy. Terms of Use and Privacy Policy are effective as of and were last updated on February 1, 2022.