Terms & conditions
Helios Ophthalmic products are not intended to treat, diagnose, cure, or prevent any disease and have not been evaluated by the FDA. Always seek the advice of your health care provider with questions or before undertaking any health program.
The contents of this site, such as text, graphics, images, and information, are for informational purposes only. The content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare practitioners with any questions you may have regarding a medical condition. Helios does not recommend self-management of one’s health care. Reliance on any information provided by or via the website is solely at your own risk. By purchasing and using this product, you acknowledge that individual physical reactions vary. You assume all risks associated with the use or misuse of the product.
Helios Ophthalmic and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of Heliosophthalmic.com. Should you have any healthcare-related questions, please call or see your physician or other healthcare practitioner promptly. You should never disregard medical advice or delay in seeking it because of something you have read. If you think you may have a medical emergency, call your healthcare practitioner or 911 immediately.
USE OF CONTENT
Helios authorizes you to view or download a single copy of the material made available on this website solely for your personal, noncommercial use if you include copyright and proprietary rights notices that were contained in the Content. You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any third party. We reserve all our other rights. Among other things, this means you must not sell our information, rewrite or modify it, redistribute it, put it on your own website, or use it for any commercial purpose without our prior written permission.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Helios or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Helios Ophthalmic. All rights not expressly granted herein are reserved to Helios Ophthalmic and its licensors.
If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELIOS OPHTHALMIC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF OPHTHALMIC PRODUCTS INVOLVES INHERENT RISKS TO THE SENSITIVE TISSUES OF THE EYE. BY PURCHASING, YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH THE USE OF THE PRODUCT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT IN THE TWELVE MONTHS PRECEDING THE CLAIM.
When using the website, information will be transmitted over a medium that is beyond the control and jurisdiction of Helios Ophthalmic. Accordingly, Helios assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the website. Helios makes no representations or warranties that: (1) the services, Content, software, text, graphics, links or communications provided on or through use of the website are accurate, reliable, complete, timely or error-free; (2) the results that may be obtained from the use of the Services or Content will be reliable; (3) the quality or efficacy of any product that is discussed, promoted, obtained, or purchased within or via the Site will meet your expectations; or (4) any errors in the Services or Content will be corrected.
The eye is a sensitive organ and any topical application carries inherent risks of irritation, allergic reaction, or infection, which the user acknowledges and accepts, including but not limited to temporary clouding of vision, stinging, or increased sensitivity. User agrees to perform a 'patch test' or consult a professional if they have a history of ocular sensitivity. Helios is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content or by any products you purchase. In no event shall Helios Ophthalmic or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Helios is advised of the possibility of such damages.
SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent of the law.
USER SUBMISSIONS AND CONTRIBUTIONS
Any information provided when you “Subscribe” is subject to our Privacy Policy. Beyond that information, any e-mail or other communications or content you send to any part of this web site is non-confidential for all purposes. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — Helios Ophthalmic a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.
INDEMNITY
You agree to defend, indemnify and hold Helios Ophthalmic, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
GENERAL
Helios Ophthalmic is based in New Britain, CT in the United States of America. Helios Ophthalmic makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Helios website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
DISPUTES / BINDING ARBITRATION
Any claim or controversy arising out of or related to this Agreement, the website, or the services or products provided on or through the website shall be settled by binding arbitration to be held in New Britain, CT in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Connecticut for the enforcement of this arbitration agreement and of any arbitration award. These Terms of Use are governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of the laws principles.