User Terms and Legal and Other Information

Open Innovators’ web-site, any newsletters or other forms of communications (collectively referred to as the “Sites”) are accessible worldwide to anyone with Internet access. Any access to the Sites is subject to the User Terms and conditions set forth herein (“User Terms”). In addition, use of the Sites is also subject to all applicable copyright and trademark laws, and all other applicable laws, regulations, directives and codes. BY YOUR ACCESS TO, AND USE OF, THE SITES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE SITES, INCLUDING, WITHOUT LIMITATION, THESE USER TERMS AND THE TERMS OF OPEN INNOVATORS’ PRIVACY POLICY, WITHOUT ANY EXCEPTIONS AND WITHOUT ANY QUALIFICATIONS TO ALL SUCH TERMS AND CONDITIONS. Open Innovators reserves the right to amend these terms and conditions at any time, and from time to time, by posting such amended terms in lieu of the current User Terms. By accessing Open Innovators’ Sites subsequent to the date of adoption of any such amended User Terms, you are automatically deemed to have accepted any such amendments to the User Terms.

 

OPEN INNOVATORS’ SITE IS PROVIDED ON AN ‘AS-IS’ BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OPEN INNOVATORS SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES REGARDING YOUR ACCESS TO OR USE OF THE SITES AND THE INFORMATION AVAILABLE ON SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICES AND THE SITES. NOTHING CONTAINED ON THE SITES SHALL BE CONSTRUED AS PROVIDING MEDICAL OR HEALTH CARE ADVICE, NOR IS THE INFORMATION INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OR AS A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTH CARE PROVIDER. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES.

 

Visual tests offered at the Sites have not been approved by the Food and Drug Administration (“FDA”).

 

Visual tests offered at the Sites are under clinical testing and technical development, and therefore can be anticipated to change and improve over time. We will make every effort to maintain your historical test results, but significant changes to the design of our tests may result in a requirement for you to take a new baseline test. If you are participating in a clinical study, in order to protect your personal identity, we recommend that you not use your own name or any other personal identifier, but instead only use the log-in information provided to you by the sponsor of the clinical study. If you are in a clinical study and also wish to open your own separate personal account, you may do so.

 

Use by you of any data from any links contained within the Sites is at your sole discretion, and Open Innovators assumes no responsibility for the content on such third-party sites.

 

Open Innovators may make changes to the Sites, information contained therein, software, documents, publications, prices, specifications, service offerings and any other information and materials within the Sites at any time and without prior notice. Any such changes shall become effective, immediately upon posting to the Sites.

 

You shall not use the Sites for any purpose that is unlawful or prohibited by these User Terms. You shall not take any action that shall disable, overburden or impair or otherwise damage any Open Innovators’ server or network or host server, or otherwise interfere with any party’s use and enjoyment of the Sites. ???You shall not attempt to “hack”, password mine, or otherwise gain unlawful access to services, materials, accounts, computer systems or networks connected to any server or to the Sites.

 

KeepSight is a trademark of Open Innovators. These User Terms and any disputes arising out of or related to Open Innovators’ Sites shall be governed by and construed in accordance with the laws of the State of Connecticut.

 

©2009 Open Innovators???