1. INTELLECTUAL PROPERTY
The Site and all of the content relating to the Site, including without limitation all product descriptions and exemplary work, images, photographs, and text, (and any derivative works or enhancements of the same) (collectively, the “Site Content”) and all intellectual property rights such Site Content, including without limitation all copyrights associated with the Site Content, are owned by us or our licensors. All names, terms, logos, slogans, images and other indicia identifying the Site, including without limitation the “Wave Contact Lens System®, LLC” logo and trademark (collectively, “Marks”), are proprietary marks belonging to us. Any use of the Site Content or Marks without our express written permission is strictly prohibited. Third party names, marks, content and products not owned by us and mentioned on the Site may be the intellectual property of their respective owners.
(a) In order to access or use the content or features of the Site, you may choose to provide us with certain information, or we may now or in the future require you to provide certain information through our Product Inquiry or Support Request page, or require that you establish an account with us through our “Wavers” portal or submit information through the Clinical Support Request page accessed on through the “Wavers” portal.
3. LIMITATION, SUSPENSION OR TERMINATION
4. ACCEPTABLE USE
(b) In consideration of our provision of the Site to you, you agree to refrain from the following actions when accessing the Site:
(2) Modifying our copyright/trademark or other proprietary rights notices, or interfering with the security-related features of the Site;
(3) Harassing, offending, threatening, embarrassing, distressing or invading the privacy of any individual or entity;
(4) Using any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained in or on or accessed through the Site, or using software to determine architecture of or extract usage data from the Site; or
(5) Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site.
5. RELIANCE ON SITE CONTENT
Site Content may not be accurate, complete, reliable, error-free or current. We do not commit to updating Site Content or make any representations as to the accuracy of Site Content. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content.
6. LIMITS ON OUR LIABILITY
7. DISCLAIMER OF WARRANTIES
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT, AS TO THE SITE CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. ALL WARRANTIES ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ANY AND ALL SUCH WARRANTIES TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9. DISPUTE RESOLUTION AND MANDATORY ARBITRATION
(a) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We will contact you based on the contact information you have provided us. Notice to us must be sent to the contact address listed on https://www.wavecontactlenses.com/.
(b) If after 60 days the parties are unable to resolve any dispute raised under the previous provision, the dispute must be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
(c) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS in King County, Washington under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 1-800-352-5267.
(d) Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court in King County, Washington. Further, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
10. GOVERNING LAW
11. INTERNATIONAL USE
The Site and all content and materials that we provide in connection therewith are intended for use only within the United States. We do not represent that the Site and all content and materials relating thereto are appropriate or available for use outside the United States. Those who do access the Site Content, or materials from locations outside the United States act on their own initiative and we are not responsible for the Site’s compliance with local laws or other applicable laws.
12. COPYRIGHT INFRINGEMENT
(a) In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of the Site or hosted on our systems that may be infringing the copyright of others.
(b) Consistent with the Digital Millennium Copyright Act (“DMCA”), we will respond to a notice of alleged copyright infringement regarding any information available on the Site. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing us that copyrighted material may have been infringed will not receive a response through this process.
(c) Pursuant to the DMCA, your infringement notification must include the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on the Site, including a link or screenshot of the webpage containing the infringing material, if applicable;
(4) Your address, telephone number and e-mail address;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send your notice of copyright infringement to our designated Copyright Agent, as follows:
Attn: Copyright Agent
Wave Contact Lens System, LLC
17721 59th Ave. NE
Arlington, WA 98223
13. AMENDMENT; ADDITIONAL TERMS
14. OTHER TERMS