Web Services Terms & Conditions
These Web Services Terms and Conditions (these “Terms and Conditions”) were last updated on May 13, 2020.
Visus Therapeutics is operated by Visus Therapeutics, Inc., a Delaware corporation (“Visus”) with its principal place of business in the state of Washington. These Terms and Conditions apply to the information and services offered by Visus which are published at [www.visustx.com] (the “Visus Website”) and other digital services, mobile or other applications provided by Visus or on which a link to these Terms and Conditions appears (collectively, the “Visus Online Services”). All Visus Online Services are provided by Visus, at any time and from time to time, in its sole discretion. Visus does not control, and is not responsible for, any third-party site to which the Visus Online Services link or that links to any Visus Online Services.
ALL VISUS ONLINE SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By accessing, browsing or otherwise using the Visus Online Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, please do not use any Visus Online Services. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Visus Online Services by you will constitute your continued acceptance of any changes or revisions to these Terms and Conditions. Portions of the Visus Online Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any other terms and conditions, on the other hand, the applicable provision of these Terms and Conditions shall prevail with respect to your use of the Visus Online Services.
The materials and tools incorporated in the Visus Online Services are provided by Visus as a service to you on an “as is, as available” basis and may be used by you for informational purposes only. You acknowledge that you are using the Visus Online Services at your own risk and that:
The content provided through Visus Online Services should be used for informational purposes only and is not intended to be a substitute for professional, medical or legal advice. Always seek the advice of a relevant professional with any questions about any health, medical or other decision you are seeking to make.
Visus does not warrant or make any representations regarding the use or the results of the use of the materials on the Visus Online Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Visus or any of its parents, subsidiaries, affiliates, licensors, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Visus Online Services. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Visus Online Services or any goods or services offered for sale through the Visus Online Services shall be to request that Visus correct the matter or, if Visus fails to do so, to discontinue use of the Visus Online Services. In no event shall Visus’s liability exceed an amount equal to all fees paid by you to Visus in connection with your use of the Visus Online Services.
Visus periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Visus shall have no liability for the resulting unavailability of the Visus Online Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Visus Online Services.
All materials published on the Visus Website or in the Visus Online Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Visus or, in the case of content licensed by Visus from third parties, the entity that is credited as the copyright holder of such licensed content.
In the event you believe that any content posted on the Visus Online Services infringes your copyright or other intellectual-property rights, you may notify Visus by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Visus’s Copyright Agent:
Attn: Ben Bergo
500 Yale Ave N
Seattle, WA 98109
User Generated Content and Privacy
Visus may from time to time solicit non-medical information from its users and/or through its forms, forums or otherwise, may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Visus Online Services (collectively, “User Content”). Visus may, at its sole discretion, provide for the hosting, sharing and/or publishing of such User Content. Visus does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Visus all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Visus Online Services such as computer viruses, bots, worms, bombs, or Trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; (i) violates the law or otherwise violates these Terms of Service; or (j) provides a link to any of the above.
You agree that your acceptance of these Terms & Conditions constitutes a valid agreement with Visus. Any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Visus Online Services, shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts to be wholly performed therein. Any action based on or alleging a breach of these Terms & Conditions must be brought in a state or federal court located in King County, Washington. In addition, you agree to submit to the personal jurisdiction of such courts.