1. Eligibility. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY TEARLAB. By using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by TearLab.
5. No Medical Advice. BY USING THE SITE, YOU ACKNOWLEDGE THAT TEARLAB IS PROVIDING THE MATERIALS FOR INFORMATIONAL PURPOSES ONLY AND THAT THE MATERIALS ARE NOT PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE OR INSTRUCTION ON THE APPROPRIATE USE OF PRODUCTS PRODUCED OR SUPPLIED BY TEARLAB, ITS AFFILIATES OR ITS PARTNERS, LICENSORS OR SUPPLIERS. YOU SHOULD NOT RELY ON THE MATERIALS IN THE SITE IN DECIDING ON A TREATMENT PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION, AND TEARLAB, ITS AFFILIATES AND ITS PARTNERS, LICENSORS AND SUPPLIERS STRONGLY URGE THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU. THE DEVICES DESCRIBED ON THIS SITE ARE SUBJECT TO FEDERAL LAW GOVERNING THE USE AND SALE OF SUCH DEVICES, AND ARE NOT APPROVED FOR SALE OR CLINICAL USE IN THE UNITED STATES. NOTHING IN THIS SITE IS INTENDED TO CONSTITUTE A CLAIM OR INDICATION FOR CLINICAL USES OF THE DEVICES DESCRIBED. THE CLINICAL INDICATIONS AND RECOMMENDED USES OF THE DEVICES DESCRIBED ON THIS SITE ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE EXPRESSLY STATED IN THE INDICATIONS FOR USE FOR SUCH DEVICES AS APPROVED BY FEDERAL REGULATORY AUTHORITIES.
6. Prohibited Conduct.
BY USING THE SITE YOU AGREE NOT TO:
6.1 use the Site for any purposes other than to access information offered by TearLab;
6.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
6.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
6.4 delete the copyright or other proprietary rights on the Site;
6.5 use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
6.6 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
6.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
6.8 intentionally interfere with or damage operation of the Site or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. Third-Party Sites, Products and Services; Links. The Site may include links or references to other external web sites or services solely as a convenience to Users ("Reference Sites"). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom TearLab has no control. TearLab does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
8.1 TearLab. You agree that TearLab, in its sole discretion, for any or no reason, and without penalty, may terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that TearLab will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TearLab may have at law or in equity.
10. Disclaimers; No Warranties, No Medical Advice.
10.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEARLAB, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEARLAB OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10 THE TERM TEARLAB INCLUDES TEARLAB'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, AND SUBCONTRACTORS.
10.2 Forward Looking Statements. THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS. THESE STATEMENTS RELATE TO FUTURE EVENTS OR THE FUTURE PERFORMANCE OF TEARLAB. TEARLAB HAS ATTEMPTED TO IDENTIFY THESE STATEMENTS BY TERMINOLOGY INCLUDING "ANTICIPATE," "BELIEVE," "CAN," "CONTINUE," "COULD," "ESTIMATE," "EXPECT," "INTEND," "MAY," "PLAN," "POTENTIAL," "PREDICT," "SHOULD," OR "WILL" OR THE NEGATIVE OF SUCH TERMINOLOGY OR OTHER COMPARABLE TERMINOLOGY. SPECIFICALLY, STATEMENTS CONCERNING CLINICAL TRIAL TIMELINES AND EXPECTATIONS REGARDING CLINICAL TRIAL DESIGN ARE FORWARD-LOOKING STATEMENTS. THESE STATEMENTS ARE ONLY PREDICTIONS AND INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS. THE INFORMATION IN SUCH DISCUSSIONS COVERS CERTAIN RISKS, UNCERTAINTIES, AND POSSIBLE INACCURATE ASSUMPTIONS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE EXPECTED AND HISTORICAL RESULTS. UNDUE RELIANCE SHOULD NOT BE PLACED ON FORWARD-LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE THEY ARE MADE. TEARLAB UNDERTAKES NO OBLIGATION TO UPDATE PUBLICLY ANY FORWARD-LOOKING STATEMENTS TO REFLECT NEW INFORMATION, EVENTS, OR CIRCUMSTANCES AFTER THE DATE THEY WERE MADE, OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED EVENTS.
11. Limitation of Liability and Damages.
Effective Date: March 11, 2009.