2. USER CONTENT
You are responsible for any User Content that you provide, including compliance with all applicable laws, rules, and regulations. You should only provide User Content that you are comfortable sharing with others.
User Content may be posted by TMS or third parties. User Content posted by TMS is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice. You should not rely on any User Content to diagnose a health problem or disease. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. You should never disregard medical advice or delay in seeking it because of something you have read or seen on our Social Media channels.
User Content posted by third parties is not necessarily representative of the thoughts or opinions of TMS or any of our employees or affiliates. We make no warranties, whether express or implied, regarding the accuracy, completeness, usefulness, or reliability of any User Content. All third-party User Content is the sole responsibility of the person who generated such Content, and we assume no liability for any information published, posted, uploaded, distributed, disseminated, or otherwise transmitted by third parties
We reserve the right to remove any User Content that we deem, in our sole discretion, to be unlawful, offensive, or otherwise inappropriate. This includes but is not limited to User Content that contains:unsubstantiated claims about, or discussion of “off-label” or unapproved/uncleared uses of, our products; copyright or trademark violations; photos and/or videos depicting individuals, unless the depicted individual (and if the depicted individual is a child, the child’s parents or legal guardian) has expressly consented to such use; inappropriate comments or inferences about our competitors (for example, disparaging comments, or any statements about their products);information that is false, inaccurate, or misleading; medical advice or product usage information; libel, slander, or defamation of character; and threats or harassment
Due to various factors, TMS may not be able to ensure prompt removal of all objectionable User Content posted on or through our Social Media channels. Accordingly, we assume no liability for any action or inaction regarding User Content submitted by third parties.
TMS is committed to disclosing the source of any User Content containing promotions or endorsements of TMS products or services. If you have a material connection to TMS (i.e., you obtained any payment, compensation, or value in connection with your promotion of TMS products) that is not immediately apparent to other users, your User Content must disclose this relationship. This requirement applies to anyone who submits User Content promoting TMS in connection with some benefit from us, regardless of whether the user was engaged directly by us or indirectly through third parties (e.g., consultant networks). You can choose how to disclose your connection to TMS as long as it is clear and obvious to other users. For example, if you are paid consultant and post on LinkedIn about TMS products or services, you should include a statement that reads: “Disclosure: I have received consulting fees from TMS.” We encourage you to disclose your relationship with us any time you may be in doubt as to whether disclosure is necessary.
In the event that you engage third parties to promote TMS products or services (e.g., advertising agencies), you must: (i) ensure they understand their responsibilities and agree to these Terms prior to the beginning of the engagement, and (ii) monitor any User Content they post to ensure that such User Content appropriately informs other users of the third party’s connection to TMS. We reserve the right to monitor or remove any User Content promoting our products or services.
By posting User Content on or through our Social Media channels, you grant TMS a perpetual, royalty-free, worldwide, non-exclusive license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed). You agree that this license includes TMS’s right to make your User Content available to other companies, organizations, or individuals for the distribution, promotion, or publication of such Content on other media and services. No compensation will be paid with respect to the use of your User Content.
3. USING OUR SOCIAL MEDIA CHANNELS
TMS reserves all rights relating to its Social Media channels, including but not limited to: (i) adding, removing, or modifying any User Content; (ii) blocking users at any time for any reason; and (iii) discontinuing any of our Social Media channels at any time.
TMS also reserves the right to access, read, preserve, and disclose any User Content that we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including investigations of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to support requests; or (v) protect the rights, property, or safety of TMS, users of our Social Media channels, and the general public.
Any forms of recognition, rating, or communication offered by third-party Social Media channels (e.g., “Friending” or “Re-Tweeting”) do not constitute TMS’s endorsement, approval, or acceptance of any person, organization, entity, product, service, policy, or belief. Such ratings or communications shall not create a business, political, or personal relationship with us, nor shall they be construed as an offer for employment or any other contract, whether binding or non-binding, between you and TMS or its affiliated entities.
Please note that TMS does not endorse or use Social Media channels as a secure means of communication for online business transactions or for transmitting any sensitive information. For example, you should never send us any of the following types of information via TMS’s Social Media channels: personal financial information (e.g., your credit card information or your Social Security number), classified information, privileged information, or any other private information, including information subject to non-disclosure agreements. You agree that we will not be held responsible for the unauthorized disclosure of any such information if that information was transmitted to us through one of our Social Media channels.
Although we welcome your thoughts, comments, and suggestions regarding our products and services, our Social Media channels are not the appropriate place to resolve specific issues or complaints. Please report any product concerns or complaints to our Customer Care Center at 1-866-922-6278 between 8AM to 8PM EST Monday–Friday or via form submission at the following webpage: https://www.topconmedical.com/customer-support/. We reserve the right to contact you if such information is posted on any of our Social Media channels.
4. DISCLAIMERS AND LIMITATIONS OF LIABILITY
Your access to and use of our Social Media channels or any User Content are at your own risk. You understand and agree that our Social Media channels are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, TMS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TMS makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of our Social Media Channels or any User Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Social Media Channels or any User Content; (iii) the deletion of, or the failure to store or to transmit, any User Content; or (iv) whether our Social Media channels will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TMS or through our Social Media channels, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SOCIAL MEDIA CHANNELS OR ANY USER CONTENT TRANSMITTED THEREIN; (ii) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OUR SOCIAL MEDIA CHANNELS; (iii) ANY USER CONTENT OBTAINED FROM OUR SOCIAL MEDIA CHANNELS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL USER CONTENT OF OTHER USERS OR THIRD PARTIES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT TMS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF OUR SOCIAL MEDIA CHANNELS, RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE RELEVANT SOCIAL MEDIA CHANNELS AND/OR SERVICES.
The laws of the State of New Jersey, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and TMS. All disputes related to these Terms or our Social Media channels will be brought solely in the federal courts located in Essex County, New Jersey or the state courts located in Bergen County, New Jersey. By agreeing to these Terms, you consent to personal jurisdiction and waive any objection as to inconvenient forum.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. TMS’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Topcon Medical Systems, Inc., 111 Bauer Drive, Oakland, New Jersey 07436 U.S.A. If you have any questions about these Terms, please contact us here.
Last updated: January 2019