Terms of use

Agreement to these terms

These terms are a binding agreement between you and Visionaire Products, Inc. covering your use of visionaireproductsinc.com and any related pages or channels we operate (the “Site”).

By using the Site you confirm that you have read and accepted these terms. If you do not accept them, please stop using the Site.

We may change these terms. If we make a material change we will update the effective date at the top of this page and give notice on the Site before the change takes effect. Continuing to use the Site after that date means you accept the revised terms. We will not apply material changes retroactively to a dispute that has already arisen.

The Site is operated from the United States. We make no claim that it is appropriate or available elsewhere, and if you access it from another country you are responsible for complying with your own local law.

Who may use the Site

You may use the Site only if you are at least 18 years old and able to form a binding contract. If you are using it for an organization, you confirm you are authorized to accept these terms on its behalf.

You agree to give accurate information when you contact us, not to access the Site by automated means such as scrapers or bots, and not to use it for any unlawful purpose.

Important medical and regulatory notices

This section is important. Please read it before relying on anything on the Site.

The Site is not medical advice

Everything on the Site is provided for general information and, where indicated, for healthcare professionals. It is not medical advice, not a diagnosis, and not a recommendation for the treatment of any patient.

Nothing on the Site creates a doctor-patient relationship or a professional relationship of any kind. Clinical decisions remain entirely the responsibility of the treating clinician, who must exercise independent professional judgment and follow the applicable standard of care.

If you are a patient, speak to your own healthcare provider. Never disregard or delay professional medical advice because of something you read here. If you think you are experiencing a medical emergency, contact your local emergency service.

Investigational device status

OcuTap is an investigational device. It has not been cleared by the United States Food and Drug Administration (FDA), and it is limited by Federal law to investigational use.

Information about OcuTap on the Site is provided for general awareness and for scientific exchange. It is not an offer to sell, a solicitation to buy, or promotion of an investigational device, and it is not a representation that the device is available for commercial distribution in any jurisdiction.

Availability, indications, labeling and specifications may change during regulatory review. If the device is cleared, its cleared labeling and its instructions for use will govern how it may be used, and those documents take precedence over anything on the Site.

Forward-looking statements

Parts of the Site describe expectations rather than facts — for example anticipated regulatory clearance timing, anticipated pricing, anticipated availability, and expected performance. Statements of this kind can usually be recognized by words such as “anticipated”, “expected”, “pending”, “will” or “plans to”.

These statements reflect our current expectations and involve risks and uncertainties, including the outcome and timing of regulatory review, the results of ongoing testing and validation, manufacturing and supply factors, and market conditions. Actual outcomes may differ materially.

Performance figures described on the Site are drawn from bench testing, early clinical evaluation or user research, as indicated in the references accompanying them. They are not a guarantee of clinical results and may not be reproduced in every setting. We undertake no obligation to update forward-looking statements except where the law requires it.

Intellectual property

The Site and everything in it — text, images, video, graphics, design, code and databases (the “Content”) — together with our trademarks, service marks, logos and trade dress (the “Marks”), are owned by or licensed to us and protected by intellectual property law.

You may view the Site and print or download a copy of Content for your own reference or internal professional use. Any other use — copying, republishing, distributing, modifying, selling, licensing or creating derivative works — requires our prior written permission.

Press and media may use materials we designate as press assets in accordance with any terms provided with them. All rights not expressly granted are reserved.

Permitted use and restrictions

You agree not to:

• use the Site for any unlawful purpose, or in breach of any applicable medical device, advertising or healthcare law;
• misrepresent the regulatory status, indications or performance of any product described on the Site;
• copy, scrape, harvest or systematically extract Content, or use automated means to access the Site without our written permission;
• attempt to gain unauthorized access to the Site, its servers or any connected system, or probe or test its security;
• upload or transmit malware, or interfere with the Site’s operation or availability;
• reverse engineer or attempt to derive the source code of any part of the Site;
• use the Site to send unsolicited commercial communications; or
• remove or obscure any copyright, trademark or other proprietary notice.

We may investigate suspected breaches, restrict or withdraw access, and take legal action or report the matter to law enforcement where appropriate.

Submissions and feedback

If you send us questions, comments, suggestions or ideas about the Site or our products (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use it for any purpose, without obligation to you.

You confirm that the Feedback is yours to give and does not infringe anyone else’s rights. Please do not send us confidential information, patient information, or anything you consider a trade secret — we cannot treat unsolicited Feedback as confidential.

If you have a proposal that needs confidentiality, contact us first and we will put an appropriate agreement in place.

Third-party links and content

The Site links to services we do not control, including professional networks, video and podcast platforms and file-sharing services. Those links are provided for convenience.

We do not endorse, and are not responsible for, the content, accuracy, availability, products or privacy practices of any third-party service. Your use of them is governed by their terms and their privacy notices, not ours.

Site availability and changes

We may change, suspend or withdraw any part of the Site at any time. We aim to keep it available but do not guarantee uninterrupted access: maintenance, faults and factors outside our control can all cause interruptions.

We are not liable for any loss or inconvenience arising from the Site being unavailable, and nothing in these terms obliges us to maintain, update or support it.

Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ITS CONTENT IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY DECISION TAKEN IN RELIANCE ON THE SITE, INCLUDING ANY CLINICAL DECISION.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, WHATEVER THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

Some jurisdictions do not allow these limitations, so they may not apply to you in full.

Indemnification

You agree to defend, indemnify and hold harmless Visionaire Products, Inc. and its officers, directors, employees and agents from any claim, loss, liability, damage or expense, including reasonable legal fees, arising from your use of the Site, your breach of these terms, or your violation of any law or third-party right.

We may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate. We will notify you of any such claim once we become aware of it.

Governing law

These terms and any dispute arising from them or from your use of the Site are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

Dispute resolution

Please read this section carefully. It affects how disputes between us are resolved.

Informal resolution first

If you have a concern, contact legal@visionaireproductsinc.com first and describe the issue. Most matters can be resolved this way. Both of us agree to attempt informal resolution for 30 days before starting formal proceedings.

Binding arbitration

If we cannot resolve a dispute informally, it will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, whichever applies. YOU AND WE ARE EACH GIVING UP THE RIGHT TO SUE IN COURT AND TO A JURY TRIAL.

Arbitration will take place in Allegheny County, Pennsylvania, or by video or documents only if you prefer. The arbitrator must follow these terms and applicable law, and will issue a written decision.

Arbitration is individual. Neither of us may bring a claim as a class, collective or representative action, and the arbitrator may not consolidate claims without both parties’ consent.

Your right to opt out

You may reject this arbitration agreement. Send written notice to legal@visionaireproductsinc.com or to the postal address below within 30 days of first accepting these terms, including your name and the statement that you decline arbitration.

Opting out affects nothing else in these terms, and we will not treat it as a reason to refuse you service.

Exceptions

Either of us may bring an individual claim in small claims court, and either of us may seek injunctive relief in court to protect intellectual property or confidential information.

If any part of this dispute resolution section is held unenforceable, that part is severed and the rest continues to apply, except that if the class-action waiver is held unenforceable, this entire arbitration section does not apply. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania, and both of us consent to their jurisdiction.

Copyright complaints

If you believe material on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to legal@visionaireproductsinc.com, marked “DMCA notice”, including: identification of the work; identification of the material and its location; your contact details; a statement of good-faith belief that the use is unauthorized; a statement that the notice is accurate; and your physical or electronic signature.

We will respond to valid notices and may remove the material.

Export controls and sanctions

You confirm that you are not located in, and are not a national or resident of, any country subject to United States embargo, and that you are not on any United States government list of restricted or prohibited parties.

You agree not to use or export anything obtained from the Site in breach of United States export control law or sanctions.

Electronic communications

Visiting the Site, emailing us and completing forms are electronic communications. You consent to receive communications from us electronically, and you agree that electronic notices, disclosures and agreements satisfy any legal requirement that they be in writing.

You consent to the use of electronic signatures and records, to the extent permitted by applicable law.

General

These terms, together with our privacy policy, are the entire agreement between us regarding the Site and replace any prior understanding.

If any provision is found unenforceable, it is severed and the remainder continues in force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets.

Nothing in these terms creates a partnership, joint venture, employment or agency relationship. We are not liable for any failure to perform caused by events beyond our reasonable control.

The sections on intellectual property, submissions and feedback, disclaimers, limitation of liability, indemnification, governing law, dispute resolution and this general section survive termination.

Contact us

Questions about these terms, or notices under them:

legal@visionaireproductsinc.com

Visionaire Products, Inc.
100 South Jackson Avenue
Pittsburgh, PA 15202
United States