Terms of Web Site Use

Legal Disclaimers

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE (“SITE”). BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

  1. Information on this website is published as a service to the public. The information contained on the pages that make up the http://optogainusa.com site is not and should not be considered to be legal, medical, or any other advice. The content available on http://optogainusa.com is merely intended to be informational and to be used as a resource. When confronted with personal issues it is always the best practice to find someone who has the particular expertise necessary to provide meaningful advice. This is best accomplished by speaking with someone who specializes in the area of expertise most directly called into question by your particular situation.

  2. http://optogainusa.com may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

  3. By using this Site, you agree to indemnify, hold harmless and defend the owner(s) and operator(s) of http://optogainusa.com from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that alleges injury, damage or harm in whole or in part arising from the provision by you of information from, or claimed to be from, this Site, or that in any way arises from your use of this Site or information provided by this Site in violation of these terms.

  4. In the event that any Products or Services are incorrectly or erroneously marked or in the event that the shopping cart or payment processing system incorrectly or erroneously charges the wrong amount, Optogain USA, Inc. maintains the right to charge the difference between the correct price and that which was incorrectly or erroneously charged. In the event that the customer does not wish to pay the correct price Optogain USA, Inc., may at its discretion, void the transation and return the paid funds to the customer.

    COPYRIGHT AND TRADEMARK INFORMATION

  5. This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of Optogain USA, Inc. and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the owner(s) or operator(s) of http://optogainusa.com or such third party that may own the trademark or copyright of material displayed on this Site. To seek permission to republish any content please contact us.

  6. Subject to your full compliance with these terms visitors to this site are authorized to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified. If additional rights are sought it is necessary to first contact Optogain USA, Inc. by filling out this online form.

    DISCLAIMER OF WARRANTIES

  7. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OWNER(S) AND OPERATOR(S) OF HTTP://OPTOGAINUSA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, HTTP://OPTOGAINUSA.COM DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR- FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    RESPONSES TO ONLINE REQUESTS

  8. From time to time, http://optogainusa.com may offer to provide information or materials via email or otherwise to interested persons. http://optogainusa.com reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

    LIMITATIONS OF LIABILITY

  9. UNDER NO CIRCUMSTANCES SHALL THE OWNER(S) AND OPERATOR(S) OF HTTP://OPTOGAINUSA.COM BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF THE OWNER(S) AND OPERATOR(S) OF HTTP://OPTOGAINUSA.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE EXCEED $1.

    JURISDICTIONAL ISSUES

  10. Optogain USA, Inc. makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    LINKS TO OTHER SITES

  11. This Site may contain links to third-party sites. These links are provided to you only as a convenience. Such linked sites are not under the control of http://optogainusa.com and http://optogainusa.com is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by http://optogainusa.com of the site, and the owner(s) and operator(s) of http://optogainusa.com shall have no responsibility for information which is referenced by or linked to this Site.

    SUBMISSIONS TO HTTP://OPTOGAINUSA.COM AND AFFILIATED SERVERS

  12. Information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to http://optogainusa.com through this Site does not create a confidential relationship between you and http://optogainusa.com. Any electronic communication between you and http://optogainusa.com will not be privileged or confidential; may be disclosed to other persons; and may not be secure. Therefore, you should not send any email or submit any form to http://optogainusa.com that contains confidential or sensitive information. Further, all information submitted is the exclusive property of http://optogainusa.com. http://optogainusa.com is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to http://optogainusa.com and accepts responsibility for its accuracy, appropriateness, and legality.

    ENFORCEMENT OF TERMS AND CONDITIONS

  13. These Terms are governed and interpreted pursuant to the laws of the State of Louisiana, United States of America, notwithstanding any principles of conflicts of law.

  14. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Garfield County, Louisiana, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Louisiana. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, http://optogainusa.com shall be entitled to seek injunctive relief, other equitable remedies and/or damages from the United States Federal District Court for Louisiana or any other court of competent jurisdiction for the infringement of any intellectual property assets.

  15. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. http://optogainusa.com may, at their sole discretion and without notice, revise these terms at any time by updating this posting.

    ENTIRE AGREEMENT

  16. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by http://optogainusa.com, as described above.

Privacy Policy

This Privacy Policy applies to all of the products, services and websites offered by Optogain USA, Inc. or its subsidiaries or affiliated companies except Postini (Postini Privacy Policy). Sometimes, we may post product specific privacy notices or Help Center materials to explain our products in more detail.

If you have any questions about this Privacy Policy, please feel free to contact us through our website.

  1. In the event that any Products or Services are incorrectly or erroneously marked or in the event that the shopping cart or payment processing system incorrectly or erroneously charges the wrong amount, Optogain USA, Inc. maintains the right to charge the difference between the correct price and that which was incorrectly or erroneously charged. In the event that the customer does not wish to pay the correct price Optogain USA, Inc., may at its discretion, void the transation and return the paid funds to the customer.

    INFORMATION WE COLLECT AND HOW WE USE IT

  2. We may collect the following types of information:

  3. Information you provide - When you sign up for a user Account, we ask you for personal information. We may combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our services.

  4. Log information - When you access our Web site via a browser our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.

  5. User communications - When you send email or other communications to Optogain USA, Inc., we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.

  6. Affiliated Services on other sites We offer some of our services on or through other web sites. Personal information that you provide to those sites may be sent to Optogain USA, Inc. in order to deliver the service. We process such information under this Privacy Policy.

  7. Other sites - This Privacy Policy applies to http://optogainusa.com only. We do not exercise control over the sites displayed as affiliates, wholesalers, retailers, or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

    In addition to the above, we may use the information we collect to:

  8. Provide, maintain, protect, and improve our services (including advertising services) and develop new services; and

  9. Protect the rights or property of Optogain USA, Inc. or our users. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. Optogain USA, Inc. processes personal information on our servers in the United States of America.

  10. Cookies - Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Optogain USA, Inc. features and services may not function properly if your cookies are disabled.

  11. Changes to this Privacy Policy - Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).