Gebruiksvoorwaarden

These Terms of Use (“Terms”) are a binding agreement between you and STAAR Surgical Company, its subsidiaries and affiliates (collectively, “STAAR”), and govern your access and use of the STAAR Web sites, STAAR mobile applications, EVO Advisor, product ordering portal, and other STAAR digital platforms and services (“Sites”), which includes any information, data, tools, graphics, clips, trademarks, products, services and other content (together, “Content”) available on or through the Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING ANY OF OUR SITES OR USING STAAR SERVICES. EACH TIME YOU ENTER A SITE OR REQUEST A SERVICE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT THE SITE OR DO NOT REQUEST ANY SERVICE.

As we may revise the Terms from time to time, you should review them periodically.

If you agree to these Terms, then STAAR grants you a limited right to use the Sites only for your own private, non-commercial informational purposes only, and to print pages from the Sites only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from any of the Sites. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) any of the Sites or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of any of the Sites. All rights not expressly granted herein are reserved by STAAR.

Medical Advice Disclaimer
THE CONTENT IN ANY OF THE SITES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTEDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE. STAAR CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING MEDICAL ADVICE.VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY TREATMENT DECISIONS, OR DETERMINING TO TAKE OR NOT TAKE ANY ACTIONS RELATED TO ANY HEALTH CONDITION OR PROCEDURE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.

Privacy Statement
STAAR’s Privacy Policy is a part of these Terms of Use. Use of any of the Sites indicates your consent to the collection and use of this information as set forth in the Privacy Policy.

Copyrights
The Sites and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by STAAR and/or third parties. You should assume that all Content of the Sites are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of STAAR. Except as expressly provide above, nothing contained herein shall be construed as conferring any license or right under any STAAR copyright.

Trademarks
All product names, logos, and service marks displayed on the Sites that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to STAAR, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of STAAR or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.

User Responsibility
Each person assumes full responsibility and all risks arising from use of the Sites.

Disclaimer of Warranties and Limitations of Liability
IN NO EVENT SHALL ANY OF STAAR, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF ANY OF THE SITES, REGARDLESS OF WHETHER STAAR OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. 

This includes damages to, or for viruses that may infect, your computer equipment.

IF YOU RELY ON THE SITES OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THE SITES.

Without limiting the foregoing, everything on the Sites is provided to you “AS IS” AND STAAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.

STAAR HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATING TO THE SITES AND THEIR CONTENT.

STAAR MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that STAAR may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of STAAR’s liability will be equal to the minimum permitted under such applicable law.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS STAAR, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF ANY OF THE SITES, TO THE FULLEST EXTENT ALLOW BY LAW. STAAR reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of STAAR may be made without STAAR’s prior written approval You further agree that any claim related to the Sites must be filed within one year after it arises.

IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN STAAR’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO STAAR DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.

Your affirmative act of using any of the Sites constitutes your consent to enter into agreements with STAAR electronically.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Data Privacy and Protection

Please make sure that you carefully read our Privacy Policy and Data Privacy Framework Addendum to learn about the information that STAAR collects through the Sites and how we process it.

Without limiting the terms of STAAR’s Privacy Statement, you understand that STAAR does not and cannot guarantee that your use of the Sites and/or the information provided by you through the Sites will be private or secure. Except as expressly required by law, STAAR is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Sites. STAAR reserves the right at all times to disclose any information as STAAR deems necessary to satisfy any applicable law, regulation, legal process or governmental request or protect the security of personal information and the Sites.

Links To Other Websites
You are free to establish a hypertext link to any of the Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by STAAR. Without the prior written permission of STAAR, you may not frame or scrape any of the content on the site nor incorporate into another website or other service any intellectual property of STAAR.

Links To STAAR’s Website

STAAR encourages other websites to link to the Sites, provided that these links comply with the guidelines set forth herein. Unless otherwise set forth in a written agreement between you and STAAR, you must adhere to the following rules if you link to any portion of the Sites or Content: (i) any link to the Sites or Content must be a text only link clearly marked "STAAR Content," (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with STAAR's Marks, (iii) the link must "point" to the root domain name of the STAAR Sites and not to other pages within the Sites, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or associated with STAAR, (v) when selected by a user, the link must display the Sites on full-screen and not within a "frame" on the linking website or service, and (vi) STAAR reserves the right to revoke its consent to the link at any time and in its sole discretion.

Links From STAAR’s Website

The Sites may include links to other sites. These links are provided solely for purposes of convenience. STAAR does not investigate, verify or monitor those third party sites. STAAR is not responsible for the content or accuracy of information contained on other sites or other sites’ privacy practices. STAAR is not liable for any damages or injury arising from content contained on other sites. You access those sites at your own risk and subject to their terms. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release STAAR and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

Jurisdiction
These Terms, as well as any claim that might arise under these Terms, will be governed exclusively by the laws of the state of California. Use of any of the Sites implies and is subject to the consent to all claims being resolved by binding arbitration in accordance with the commercial rules of arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”). EACH PARTY HEREBY AGREES TO WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. You agree to submit to the exclusive personal jurisdiction of an arbitrator in Los Angeles county, California for the purpose of arbitrating all such claims. You and STAAR agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. The Sites provide information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications and restrictions.

Forward-Looking Statements
The Sites contain information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, intellectual property (including patents), product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.

Reservation of Rights
STAAR reserves the right to alter or delete material from the Sites at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms at any time, and your use of the Site indicates your acceptance of any revisions to these terms.

STAAR’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms. If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

STAAR may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without STAAR’s written consent. Nothing in these Terms provides any third party with any remedy, claim, or cause of action.

DISPUTE RESOLUTION - ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on STAAR’s behalf, arising out of or relating to federal or state statutory claims, common law claims, these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit of Orange County, California, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in Section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Questions about These Terms
If you have any questions about these Terms, please contact us at staarwebsite@staar.com or STAAR Surgical Company c/o Legal Dept., 25651 Atlantic Ocean Drive, Lake Forest, CA 92630.