TERMS & CONDITIONS OF USE

Advanced Thermal Therapeutics, LLC (hereinafter “ATTLLC”) operates the website located at www.ocutherm.com. Your use of this website is subject to the following Terms of Use as well as all applicable laws.

ACCEPTANCE OF TERMS
By using this website, you agree to the Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MUST EXIT THIS WEBSITE IMMEDIATELY. The Terms of Use may be modified by us at any time without prior notice. In agreeing to the Terms of Use, you agree to periodically check for changes and/or updates to these Terms of Use. We will endeavor to notify you of any changes by posting such changes on this website. Your continued access of this website after such changes are made demonstrates your acceptance of such changes.

PRIVACY
Our Privacy Policy, which is posted on this website and governs how we use your information, is incorporated into these terms of use.

ELECTRONIC COMMUNICATIONS
You agree that all communications that we provide to you electronically (such as via email or on postings on this website) constitute written communication.

CONTENT
All content included on this website is the owned or licensed property of ATTLLC. It is protected by copyright, trademark, patent, or other proprietary rights as well as by U.S. and international copyright laws. Any unauthorized use of any content or materials is strictly prohibited. You may not remove or modify in any manner any trademark notices from any content or products obtained through this website.

NO RESPONSIBILITY FOR DIAGNOSIS OR TREATMENT
The content contained in this website is provided by ATTLLC as a service to enhance communication between doctors and patients, and is not intended for diagnosis and cannot provide a diagnosis for any particular individual and should not be used as a substitute for seeking professional medical advice, diagnosis, treatment, or care. All specific medical questions a patient has about a medical condition, treatment, care, or diagnosis should be presented to a professional healthcare practitioner. ATTLLC does not warrant that information contained in this website will satisfy viewer’s requirements or that it is without defect or error. ATTLLC assumes no responsibility for any diagnoses, or treatment recommendations, made by viewers, purchasers, or end-users of its website content and products.

LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use this website for personal use only and only to the extent such use does not violate the Terms of Use and the Privacy Policy. You may not use this website for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of ATTLLC or others.

This website is intended for use by individuals 13 years of age or older.

LINKS TO OR FROM OTHER WEBSITES
We cannot accept responsibility for any websites accessible from or linking to this website.

DISCLAIMER
All content contained upon or advertised on this website is provided on an “as is” basis. Except as noted elsewhere, we offer no warranties express or implied for any item you may come across on this website, including but not limited warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from computer virus. To the maximum extent permitted by law, ATTLLC disclaims all such representations and warranties. In addition, ATTLLC does not represent or warrant that the content accessible via this website is accurate, complete, or current, and you may not rely on the content accessible via this website.

LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall ATTLLC, its officers, directors, employees, or agents be liable to you for any damages resulting from any: of the following: (1) Errors, mistakes, or inaccuracies within the content contained on this website; (2) Any unauthorized access to or use of this website or ATTLLC’s servers and/or any and all personal and/or financial information stored on those servers; (3) any interruption of transmission to or from this website; (4) any computer bugs, viruses, Trojan horses or the like that may be transmitted to or through this website by any third party; or (5) any errors or omissions in content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this website, whether or not ATTLLC was advised of the possibility of such damages.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ATTLLC, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of this website, including without limitation, any content submitted or transmitted by you via this website; (2) use of any password chosen by or issued to you; or (3) any violation by you of: (a) these terms of use; (b) the privacy policy; (c) any other terms, guidelines or rules applicable to this website; (d) any rights of any other person or entity; or (e) any applicable laws, rules, or regulations.

TERMINATION
Notwithstanding any of these Terms of Use, we reserve the right to terminate your license to use this website and to block or prevent future access to and use of this website for any reason or no reason. Upon termination, the Terms of Use will still apply.

GOVERNING LAW
These Terms of Use and the relationship between you and ATTLLC shall be governed by the laws of the State of New York as if you signed these Terms of Use in New York. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Westchester County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of this website or your breach of these Terms of Use.

For those who choose to access this website from outside the United States, we make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website do so on their own initiative and are responsible for compliance with their own local laws.

SOFTWARE
To the extent applicable, software from this website is further subject to United States Export Controls. No software from this website may be downloaded or exported (1) into (or to a national or resident of) any other country to which the US has embargoed goods; or (2) anyone to the US Treasury Department’s list of Specially Designated Nations or the US Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this website, you represent that you are not located in, under the control of, or a national or resident of, any such country or any such list.

SEVERABILITY
If any of the Terms of Use shall be deemed invalid or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

ENTIRE AGREEMENT
The Terms of Use and the Privacy Policy, together, constitute the entire agreement between the user and ATTLLC with respect to this website. You agree that the Terms of Use and the Privacy Policy may be automatically assigned by ATTLLC to a third party in the event of a merger or acquisition.

Last updated July 30, 2019