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Introduction
NovaVision AG. ("NovaVision") created and
maintains this Web site to provide information to and
communicate better with physicians, patients, investors,
and others who may be interested in learning more about
NovaVision and the products and services it offers.
You may use this Web site, provided you comply with
these terms and conditions. NovaVision reserves the
right to update or modify these terms and conditions
at any time without prior notice. Your use of this Web
site following any such change constitutes your agreement
to follow and be bound by the terms and conditions as
changed. Please take a few minutes to carefully review
these terms and conditions. By accessing and using
this Web site you agree to follow and be bound by these
terms and conditions. If you do not agree to follow
and be bound by these terms and conditions, you may
not access, use or download materials from this Web
site.
Not a Substitute for Medical Advice
The information provided on this Web site is not intended
nor recommended as a substitute for professional medical
advice. Always seek the advice of your physician or
other qualified health provider regarding any medical
condition or treatment. Nothing contained on this Web
site is intended to be for medical diagnosis or treatment.
Nothing contained on this Web site is intended to guarantee
any results or outcomes regarding the specific medical
condition of any person viewing content on this Web
site as results may vary.
Copyright Notice and Limited License
Everything you see and hear on this Web site (the "Content"),
including, for example, all of the text, articles, studies,
directories, photographs, illustrations, graphics, audio
clips, video clips, and audio-video clips, is copyrighted
under United States law and applicable international
copyright laws and treaty provisions. The copyrights
in the Content are owned by NovaVision, AG or by its
holding company, or by third parties who have licensed
their materials to NovaVision (pictures on the home
page: photograph: Chad Baker und Photodisc Collection
/ Getty Images). The entire Content of this Web site
is copyrighted as a collective work under Germany law.
NovaVision owns the copyright in the selection, coordination,
arrangement and enhancement of the Content.
You may download, store, print, and copy selected portions
of the Content of this Web site, provided you: 1) Only
use the Content you download for your personal, noncommercial
use or to further your business dealings with NovaVision;
2) Do not publish or post any part of the Content on
any other Internet Web site without obtaining the prior
written consent of NovaVision; 3) Do not publish or
broadcast any part of the Content in or on any other
media without obtaining the prior written consent of
NovaVision; 4) Do not modify or alter the Content in
any way or delete or modify any copyright or trademark
notices or notices of confidentiality. No right, title
or interest in the downloaded Content is transferred
to you when you download Content from this Web site.
NovaVision reserves all intellectual property rights
in any Content you download from this Web site.
You are prohibited from posting on or transmitting
through the Web site any unlawful, indecent, threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane materials, or materials liable
to incite racial hatred or in breach of confidence,
in breach of privacy or for which you have not obtained
all necessary licenses and / or approvals, or any material
that could constitute or encourage conduct that would
or may be considered a criminal offence, give rise to
civil liability, or otherwise violate any law or regulation
of, or infringe the rights of any third party under
your respective laws.
Except as expressly stated above, you may not copy,
download, print, publish, display, perform, distribute,
transmit, transfer, translate, modify, add to, update,
compile, abridge or in any other way transform or adapt
all or any part of the Content of this Web site without
first obtaining written permission from NovaVision.
Trademark Notice
All of the trademarks, service marks and logos displayed
on this Web site (the "Trademark(s)") are
registered and unregistered trademarks of NovaVision,
one of its affiliates, or third parties who have licensed
their Trademarks to NovaVision or one of its affiliates.
Except as expressly stated in these terms and conditions,
you may not reproduce, display or otherwise use any
Trademark without first obtaining NovaVision's written
permission.
Unsolicited Ideas
NovaVision welcomes your comments and feedback regarding
this Web site. Other than "personal data"
(which is governed by our Privacy Policy), you should
assume that any communication and information you transmit
will not be private. All information and materials,
including comments, ideas, questions, designs, and the
like, submitted to NovaVision through this Web site
will be considered NON-CONFIDENTIAL and NON-PROPRIETARY.
For this reason, we ask that you not send us any information
or materials that you do not wish to assign to us, including
any confidential information or any original creative
materials such as product ideas, computer code, or original
artwork. By submitting information or materials to NovaVision
through this Web site, you assign to NovaVision, free
of charge, all worldwide rights, title and interest
in all copyrights and other intellectual property rights
in the information or materials you submit. NovaVision
will be entitled to use any information or materials
you submit through this Web site for any purpose whatsoever,
without restriction and without compensating you in
any way.
Links to Other Web Sites
This Web site may contain hyperlinks to Web sites that
are not operated by NovaVision. These hyperlinks are
provided for your reference and convenience only, and
do not imply any endorsement of the material on these
third-party Web sites or any association with their
operators. NovaVision makes no claim or representation
regarding, and accepts no responsibility for, the quality,
content, nature or reliability of Web sites accessible
by hyperlink linking to this Web site. NovaVision does
not control these Web sites and is not responsible for
their content. You are granted a limited, non-exclusive
right to create a hyperlink to the NovaVision Web site
provided such link does not portray NovaVision or any
of its affiliates, products or services in a false,
misleading, derogatory or otherwise defamatory manner.
This limited right may be revoked at any time. You may
not use, frame or utilize framing techniques to enclose
any NovaVision trademark, logo or other proprietary
information, including the images found at this Web
site, the content of any text or the layout/design of
any page or form contained on a page without NovaVision's
express written consent.
Global Availability
Because different countries around the world have different
laws and regulatory requirements, some medical devices
and treatments are available in some countries and not
in others. This Web site contains references or cross
references to NovaVision products, programs and services
that may not be available or announced in your country.
These references do not imply that NovaVision intends
to announce such products, programs or services in your
country. Consult your local NovaVision sales representative
or contact NovaVision if you have questions about which
products, programs and services may be available to
you.
Website Privacy Policy
NovaVision believes in protecting user privacy. Please
refer to our Privacy Statement for information on how
NovaVision uses and collects information and how we
protect your privacy.
Access to and use of password protected and / or secure
information areas of the Web site is restricted to authorized
users only. Unauthorized individuals attempting to access
this information or these areas of the Web site may
be subject to prosecution. If you violate these Terms
of Use or the Privacy Statement in a way that causes
harm to others, you agree to hold NovaVision harmless
against any liability for that harm.
DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE
LAW, NOVAVISION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, NOVAVISION DOES NOT REPRESENT
OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL
BE UNINTERRUPTED OR ERROR FREE. NOVAVISION DOES NOT
REPRESENT OR WARRANT THAT THE CONTENT OF THIS WEB SITE
IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE
FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND
RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON
THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY
CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NOVAVISION
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE, VALIDITY, ACCURACY, ADEQUACY, COMPLETENESS,
CURRENCY, FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS
INCLUDED OR REFERRED TO IN THIS WEB SITE OR THE RELIABILITY
OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING
THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB
SITE.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER
NO CIRCUMSTANCES, SHALL NOVAVISION, ITS AFFILIATES OR
ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES
OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR
USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE
ON ANY INFORMATION PROVIDED ON THIS WEB SITE WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER,
WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION
OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY
OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE
OF NOVAVISION OR ITS AFFILIATES HAS BEEN ADVISED OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY
SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF
LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR
ANY REASON, THEN THE AGGREGATE LIABILITY OF NOVAVISION
AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
ONE HUNDRED ($100.00) DOLLARS.
Governing Law and Jurisdiction
This Web site is controlled and operated by NovaVision
from its offices within Germany. The German laws govern
any claim relating to, and the use of, this Web site
without resort to its conflict of law provisions. Any
legal action or proceeding related to this Web site
shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in Germany.
Miscellaneous
In the event any of the provisions would be held to
be unenforceable, the remaining provisions shall remain
in full force and effect and the unenforceable provision
shall be replaced by such enforceable provision as comes
closest to the intention underlying the unenforceable
provision.
NovaVision's failure to insist upon or enforce strict
performance of any provision herein shall not be construed
as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall
act to modify any provision herein. NovaVision may assign
its rights and duties under these Terms of Use to any
party at any time without notice to you. This Agreement
constitutes the entire agreement between you and NovaVision
with respect to your access to and/or use of this Web
site.
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