Use of the website accessible at www.visx.live (the “Website”) is subject to these General Terms and Conditions of Use (the “General Terms and Conditions of Use”). In using the Website, you acknowledge having read, understood and unreservedly accepted these General Terms and Conditions of Use. Omnyway, Inc., creators of www.visx.live, may modify and update these General Terms and Conditions of Use at any time. The General Terms and Conditions of Use in force as of the moment at which the Website is used are those which are enforceable with regards to you. Please keep yourself updated with regards to the terms and conditions in force on a regular basis. You may consult the version of the General Terms and Conditions of Use in force at any time by clicking the “Terms And Conditions” link in the bottom menu of the Website.
Intellectual Property Rights
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2021 Omnyway, Inc., ALL RIGHTS RESERVED. The Website is protected by copyright, trademark law and, more generally, by legislation relating to intellectual property, with effect worldwide, both in relation to its presentation (options, plan, layout, etc.) and to each component part comprising its content (trademarks, text, images, videos, illustrations, logos, etc.). Omnyway, its affiliates and/or the holders of the Website’s intellectual property rights are the holders of all intellectual property rights relating to the Website and to its component parts. On this basis and in accordance with the provisions applicable U.S. laws, use of the Website and its component parts is authorized for private use only.Therefore, the reproduction, representation or modification, either total or partial, of any pages, data or component parts relating to the presentation and/or content of the Website, via any support whatsoever and using any procedure whatsoever, is prohibited other than with express prior consent from Omnyway, Inc. The trademarks belonging to Omnyway and/or its affiliates featured on the Website are trademarks registered internationally for various purposes by Omnyway and/or its affiliates.The total or partial reproduction or representation of these trademarks performed from the Website other than with express prior consent from Omnyway is prohibited, in accordance with applicable U.S. laws.Similarly, any use made of all or part of the Website’s content for illegal purposes renders the user liable under civil and criminal law, and such user may be the subject of legal proceedings. Omnyway, Inc. has the right to modify the content of the Website at any time and without notice.
Express prior authorization must be obtained in writing from Omnyway, Inc. for the creation of hypertext links to any one of the pages or component parts of the Website. Third party websites containing hypertext links to the Website are not under the control of Omnyway, Inc. and of Omnyway, Inc. therefore declines all liability (particularly as publisher) concerning access to, and the content of, such websites.The Website may also contain links to third party websites not published or controlled by Omnyway, Inc. Such links are provided as a convenience only. They may not and must not be interpreted as an explicit or implicit endorsement of such websites, their content, or of any product or services thereby offered. Please refer to the general terms and conditions of use of such websites for further details regarding the conditions applicable to you when using these websites.
Obligation Of The User
You hereby undertake not to use or allow the use of the Website in an improper manner, for unlawful, fraudulent or malicious purposes, and particularly (without limitation): (i) by pirating the Website or by introducing any malicious code, including viruses, or harmful data into the Website or any operating system; (ii) by the use of a “spider” or any other system, methods or programs (automated or otherwise) to extract data or information from Omnyway, Inc. Website or servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or computer programs; (iv) by interfering with or causing harm to the integrity or performance of the Website and the data contained therein; (v) by trying to obtain unauthorized access to the Website, its systems or associate networks; (vi) by trying to access the accounts or personal information of other users in an unauthorized manner.
Limitation Of Liability;Indemnification
Subject to the specific provisions applicable to on-line sales and to consumer law, Omnyway, Inc. will under no circumstances have any liability with regard to you or to any third party for any direct or indirect damage of any kind whatsoever, whatever the cause, origin, nature or consequence thereof, arising from the consultation or use of the Website. In particular, Omnyway, Inc. provides no guarantee as to the uninterrupted functioning of the Website and refuses all liability in the event of access to the Website being interrupted or unavailable, in relation to bugs or viruses, to any damages caused by fraudulent acts perpetrated by third parties (such as hacking) causing the modification of the information provided via the Website or preventing access thereto. The user therefore declares that he/she accepts the characteristics and limits of the Internet. This present limitation of liability applies to the full extent authorized by law. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. You agree to defend, indemnify and hold harmless Omnyway, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Website; (b) your violation of any term of these General Terms and Conditions of Use; (c) a breach of your representations and warranties set forth herein; or (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right). This indemnification obligation will survive the termination of these General Terms and Conditions of Use and your misuse of the Website.
Omnyway, Inc. will make its best efforts to maintain a reasonable level of Website functionality and availability. Omnyway, Inc. reserves the right to limit access to the Website and its use by the user at any time and without notice in order to carry out maintenance work and make changes to the Website. Omnyway, Inc. may not be held liable in the event of any interruption to access caused by such maintenance or updating operations.
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Omnyway, Inc.’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the Sites; • 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; • Your name, address, telephone number and email address (if available); and • 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 are authorized to act on the copyright owner’s behalf.
To notify Omnyway, Inc.’s DMCA designated copyright agent for notice of claims of copyright infringement on the site, use the contact information as follows: OMNYWAY, INC. 548 MARKET STREET #20416 SAN FRANCISCO, CA 94104-5401
Applicable Law – Disputes
These General Terms and Conditions shall be construed in accordance with, and governed in all respects by, the laws of the State of California, without regard to conflicts of law principles that would cause the application of laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Santa Clara County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
The provisions of these General Terms and Conditions of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Omnyway, Inc., or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the General Terms and Conditions of Use without affecting the validity, legality or enforceability of any of the remaining provisions.