Last Updated: 4/8/09
Eligibility & Registration
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to access certain features of the Site and Services you must register and become a “Registered User”. During the registration process, you will be required to provide certain information and you will establish a username and a password.
You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Acucela of any unauthorized use of your password.
The Site, Services and Acucela Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Acucela and its licensors exclusively own all right, title and interest in and to the Site, Services and Acucela Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Acucela Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback through the “Contact Us” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Acucela and you hereby irrevocably assign to Acucela and agree to irrevocably assign to Acucela all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Acucela’s request and expense, you will execute documents and take such further acts as Acucela may reasonably request to assist Acucela to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following while using the Site, Services or Acucela Content:
- Post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Acucela’s name, any Acucela trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Acucela’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Acucela’s computer systems, or the technical delivery systems of Acucela’s providers;
- Attempt to probe, scan, or test the vulnerability of any Acucela system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Acucela or any of Acucela’s providers or any other third party (including another user) to protect the Site, Services or Acucela Content;
- Attempt to access or search the Site, Services or Acucela Content or download Acucela Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Acucela or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Acucela trademark, logo URL or product name without Acucela’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Site, Services or Acucela Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Acucela Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Acucela is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Acucela of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THE SITE, SERVICES AND ACUCELA CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Acucela EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Acucela MAKES NO WARRANTY THAT THE SITE, SERVICES OR Acucela CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Acucela MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR Acucela CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY Acucela CONTENT OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Acucela OR THROUGH THE SITE, SERVICES OR Acucela CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Acucela used herein are trademarks or registered trademarks of Acucela. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction