THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY TEARLAB. By using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by TearLab.
3. Modification of these Terms.
4. Ownership; Proprietary Rights.
5. No Medical Advice.
BY USING THE SITE, YOU ACKNOWLEDGE THAT TEARLAB IS PROVIDING THE MATERIALS FOR INFORMATIONAL PURPOSES ONLY AND THAT THE MATERIALS ARE NOT PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE OR INSTRUCTION ON THE APPROPRIATE USE OF PRODUCTS PRODUCED OR SUPPLIED BY TEARLAB, ITS AFFILIATES OR ITS PARTNERS, LICENSORS OR SUPPLIERS. YOU SHOULD NOT RELY ON THE MATERIALS IN THE SITE IN DECIDING ON A TREATMENT PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION, AND TEARLAB, ITS AFFILIATES AND ITS PARTNERS, LICENSORS AND SUPPLIERS STRONGLY URGE THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU. THE DEVICES DESCRIBED ON THIS SITE ARE SUBJECT TO FEDERAL LAW GOVERNING THE USE AND SALE OF SUCH DEVICES, AND ARE NOT APPROVED FOR SALE OR CLINICAL USE IN THE UNITED STATES. NOTHING IN THIS SITE IS INTENDED TO CONSTITUTE A CLAIM OR INDICATION FOR CLINICAL USES OF THE DEVICES DESCRIBED. THE CLINICAL INDICATIONS AND RECOMMENDED USES OF THE DEVICES DESCRIBED ON THIS SITE ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE EXPRESSLY STATED IN THE INDICATIONS FOR USE FOR SUCH DEVICES AS APPROVED BY FEDERAL REGULATORY AUTHORITIES.
6. Prohibited Conduct.
BY USING THE SITE YOU AGREE NOT TO:
6.1 use the Site for any purposes other than to access information offered by TearLab;
6.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
6.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
6.4 delete the copyright or other proprietary rights on the Site;
6.5 use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
6.6 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
6.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
6.8 intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. Third-Party Sites, Products and Services; Links.
The Site may include links or references to other external web sites or services solely as a convenience to Users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom TearLab has no control. TearLab does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
8.1 TearLab. You agree that TearLab, in its sole discretion, for any or no reason, and without penalty, may terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that TearLab will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TearLab may have at law or in equity.
10. Disclaimers; No Warranties, No Medical Advice.
10.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEARLAB, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEARLAB OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10 THE TERM TEARLAB INCLUDES TEARLAB’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, AND SUBCONTRACTORS.
10.2 Forward Looking Statements. THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS. THESE STATEMENTS RELATE TO FUTURE EVENTS OR THE FUTURE PERFORMANCE OF TEARLAB. TEARLAB HAS ATTEMPTED TO IDENTIFY THESE STATEMENTS BY TERMINOLOGY INCLUDING “ANTICIPATE,” “BELIEVE,” “CAN,” “CONTINUE,” “COULD,” “ESTIMATE,” “EXPECT,” “INTEND,” “MAY,” “PLAN,” “POTENTIAL,” “PREDICT,” “SHOULD,” OR “WILL” OR THE NEGATIVE OF SUCH TERMINOLOGY OR OTHER COMPARABLE TERMINOLOGY. SPECIFICALLY, STATEMENTS CONCERNING CLINICAL TRIAL TIMELINES AND EXPECTATIONS REGARDING CLINICAL TRIAL DESIGN ARE FORWARD-LOOKING STATEMENTS. THESE STATEMENTS ARE ONLY PREDICTIONS AND INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS. THE INFORMATION IN SUCH DISCUSSIONS COVERS CERTAIN RISKS, UNCERTAINTIES, AND POSSIBLE INACCURATE ASSUMPTIONS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE EXPECTED AND HISTORICAL RESULTS. UNDUE RELIANCE SHOULD NOT BE PLACED ON FORWARD-LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE THEY ARE MADE. TEARLAB UNDERTAKES NO OBLIGATION TO UPDATE PUBLICLY ANY FORWARD-LOOKING STATEMENTS TO REFLECT NEW INFORMATION, EVENTS, OR CIRCUMSTANCES AFTER THE DATE THEY WERE MADE, OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED EVENTS.
11. Limitation of Liability and Damages.
TearLab Corporation (“TearLab”) values your privacy and the privacy of our other customers and visitors of our web site at [www.trukera.com] (or successor URLs) (collectively, the “Site”). Visitors to the Site are referred to individually as “User” and collectively as “Users”.
The Information TearLab Collects:
You may provide to TearLab what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number, fax number, resume or curriculum vitae) when using the Site. For example, if you use the Site to contact TearLab, we will ask for your email address so that we can respond to you.
When you visit the Site, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. TearLab may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that disabling cookies may prevent you from accessing some of the functionality and site offerings available via the Site.
“Automatically Collected” Information:
When you visit the Site, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include Internet Protocol address, web browser type, the web pages or sites that you visit just before or just after the Site, the pages you view on the Site, and the dates and times that you visit the Site.
The Way TearLab Uses Information:
TearLab uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and information found on the Site. We will use your email address, without further consent, for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues.
TearLab uses all of the information that we collect to understand and analyze the usage trends and preferences of our Users, to improve the way the Site works and looks, and to create new features and functionality.
TearLab may use “automatically collected” information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Site; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
TearLab will not use your email address or other personally identifiable information to send promotional messages unless you have opted in or otherwise requested that TearLab contact you about the TearLab products and services or other information.
When TearLab Discloses Information:
TearLab does not share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.
TearLab discloses automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Site.
TearLab works with some authorized service providers to provide website hosting and maintenance as well as other services for us. TearLab requires these services providers to safeguard personally identifiable information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to TearLab; these third parties may have access to or process your personally identifiable information. TearLab generally limits their use of your personally identifiable information to the purpose for which it was shared.
TearLab may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
TearLab also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect TearLab from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of TearLab, our Users, or others.
You may, of course, decline to share your personally-identifiable information with TearLab, in which case TearLab will not be able to provide to you some of the features and functionality found on the Site.
Our Commitment to Children’s Privacy:
Protecting the privacy of young children is especially important. For that reason, TearLab does not knowingly collect or maintain personally identifiable information on Site from persons under 13 years-of-age, and no part of Site is directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. If TearLab learns that personally-identifiable information of persons less than 13-years-of-age has been collected on TearLab, then TearLab will take the appropriate steps to delete this information.
Our Commitment to Data Security:
TearLab uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to TearLab, and you do so at your own risk. Once we receive your transmission of information, TearLab makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If TearLab learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. TearLab may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at [email protected].
Personally identifiable information collected on the Site may be stored and processed in the United States or any other country in which TearLab or its affiliates, subsidiaries or agents maintain facilities, and by using the Site you consent to any such transfer of information outside of your country.
In the Event of Merger or Sale:
In the event that TearLab is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.
Effective Date, Date Last Modified:
TearLab Contact Information:
We want everyone who visits the TearLab website to feel welcome and find the experience rewarding.
What are we doing?
To help us make the TearLab website a positive place for everyone, we’ve been using the Web Content Accessibility Guidelines (WCAG) 2.0. These guidelines explain how to make web content more accessible for people with disabilities, and user friendly for everyone.
The guidelines have three levels of accessibility (A, AA and AAA). We’ve chosen Level A as the target for the TearLab website.
How are we doing?
We’ve worked hard on the TearLab website and believe we’ve achieved our goal of Level A accessibility. We monitor the website regularly to maintain this, but if you do find any problems, please get in touch.
Let us know what you think
If you enjoyed using the TearLab website, or if you had trouble with any part of it, please get in touch. We’d like to hear from you in any of the following ways: