Privacy Policy

Terms of Use

Welcome to the Xenon Ophthalmics™ Website (“Site”). The Site reflects the family of brands, including XO Exam™ ABT and XO Exam™ VFT (collectively “Xenon Ophthalmics” and “The Company”). Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that using our Site means you agree to these rules. By accessing the Site on any computer, mobile phone, tablet, or other devices selectively, “Device”) or interacting with Xenon Ophthalmics, you agree to the terms of this Privacy Policy.

You are not authorized to use the Site if you do not agree to the Privacy Policy.

Changes to Privacy Policy

We may modify this Privacy Policy from time to time. We will notify users of the Site of any changes by posting the revised policy reflecting them with a new effective date on this page. Your use of our Site following any such change means that you agree to the rules as changed. These rules–specifically including the “Customer Information Policy”, “Use of Cookies,” “Use of IP Addresses,” and “Security” paragraphs below–apply to this website only and not to any other website or business activity. We encourage you to review our Privacy Policy periodically to stay informed about how we use your information.

This Privacy Policy was lasted updated on: February 2, 2023.

Categories of Personal Information We Collect: 2020

This Privacy Policy describes the types of information we collect via the Site and how we use it. This Privacy Policy applies to the Site, our use of social media sites, and any other personal information obtained when you call, email, or otherwise communicate with Xenon Ophthalmics Inc.

Identifiers and Categories of personal information described in California’s data breach notification law:

Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, telephone number, or other similar identifiers

Internet or other electronic network activity information:

If you receive email communications from us, we may use specific tools to capture data related to if/when you open our message and if/when you click on any links or banners it contains. Other information collected through this email tracking feature includes your email address, the date and time of your “click” on the email, a message number, the name of the list from which the message was sent, a tracking URL number, and a destination page. When you engage with any of the social media platforms under our management, or the management of our corporate subsidiaries and affiliates, we may collect and aggregate the personal information that is tied to your account (for example, your name, username, email address, and location) and your engagement with us, including all content, messages, and information that you provide to us.

Geolocation data:

Location data is automatically collected during the Site use; location data is provided when locating stores, shipping, and billing address.

Audio, electronic, visual, or similar information:

Call center recordings and electronic communications with us.

Inferences:

Derivation of information, data, assumptions, or conclusions from facts, evidence, or another source of information or data) drawn from any of the information identified above to create a profile about a customer/consumer reflecting the customer/consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Customer Information Policy

The website is intended for the audience of eyecare professionals only.

The Site is not directed to children, nor do we knowingly collect any personal information from children under the age of thirteen without verifiable parental consent. If you believe that a child or a non-authorized user has provided personal information to us, please get in touch with us promptly, as described below. We will endeavor to investigate and delete such information from our systems. All non-transactional areas on the Xenon Ophthalmics Site that personal information (email address, name, address, license number, etc.); if the customer has not accepted the privacy policy and terms and conditions, the information is not accepted or stored by the Site.

Right to Removal of Posted Information—California Minors

If you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request the removal of unwanted information that you publicly post on the Site. To request the removal of such information, you can contact us as provided below. Upon receiving such a request, we will make the information not publicly available on the Site. Still, the information may need to be removed entirely from our systems and databases.

Users from Outside the United States

The Site is hosted in the United States. If you are using the Site from outside the United States, your information may be transferred to, stored, and processed in the United States or other countries by this Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from your country’s data protection or consumer protection laws. Your information may be available to government authorities under lawful orders and laws applicable in such jurisdictions. By using the Site and/or providing personal information to us, you consent to transfer your information to our facilities as described in this Privacy Policy.

Xenon Ophthalmics does collect customer information to improve our customers’ search experience. Xenon Ophthalmics recognizes that it must maintain and use customer information responsibly. The information collected is used to help us respond to customer inquiries, send emails about technology and events, send catalogs and other marketing and promotional materials through the mail or email, and/or ship and bill orders.

We may use customer information for marketing and promotional purposes. Each promotional email or SMS message has a link that enables our customers to unsubscribe or remove themselves from our mailing list.

Third-Party Integrated Solutions

Xenon Ophthalmics uses carefully selected service providers on its website to offer specific functionality that help improve the shopping experience for its customers. As a result, there are occasions where the Site must share customer information with one or more of those providers for their software to function as expected and provide our customers with the expected benefit. These companies have committed to Xenon Ophthalmics to adhere to our Customer Information Policy and, in some cases, have also listed a link to their company policy.

California Shine the Light Law

California Civil Code Section 1798.83, also known as S.B. 27, allows our California customers to request certain information regarding our disclosures, if any, of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please get in touch with us at [email protected] or by mail to Xenon Ophthalmics Inc, 55 Salter Pl, Bellville, NJ 07109 Belleville, NJ 07109, and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty days of receipt.

“Do Not Track”

Do Not Track (DNT) is a privacy preference you can set in most browsers. As there is currently no standard interpretation of practice for responding to DNT signals, we handle all user information consistent with this Privacy Policy. For more details, you can visit allaboutdnt.com.

Cookies and Similar Technologies

First Party and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow it) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session. “Permanent” cookies remain stored on your hard drive until they expire or are deleted by you. Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the Site, and they can only be read by the Site. Third Party Cookies are set by a party other than us.

Similar Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with the Site:

Web beacons

These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with unique identifiers that are used to understand browsing activity. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisible on web pages when you open a page.

Social Widgets

These are buttons or icons provided by third-party social media providers that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties.

UTM Codes

These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the HTTP or HTTPS address entered to go to a web page) when you move from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

Other Third-Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you browse the Internet. The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content. We do not control these third parties’ technologies or how they may be used. Contact the responsible party directly or consult their privacy policies if you have any questions about targeted content.

Choices About Cookies

We provide you with choices regarding the personal information you provide to us, and we have created ways to give you control over your information. Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may choose not to allow cookies by setting your browser to refuse all or some types of cookies or to alert you when website tracking technologies and advertising are sending cookies. You may adjust your browser settings to opt out of accepting a “persistent” cookie and only to accept “session” cookies, but you will need to log in each time you want to enjoy the site’s full functionality.

Please be aware that if you decline the use of cookies, you may not have access to the full benefits of the Site. In addition, adjusting the cookie settings on the Site may not entirely delete all the cookies that have already been created. To delete them, visit your web browser settings after you have changed your Cookie Settings on the Site. Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browser providers:

Google Chrome:
https://support.google.com/chrome/answer/95647?hl=en

Firefox:
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer:
http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Safari:
http://help.apple.com/safari/mac/8.0/#/sfri11471

To learn how to manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at: https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/. You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, http://www.networkadvertising.org/choices, and http://youronlinechoices.eu/.

Use Of IP Addresses
An IP address is a number automatically assigned to your computer whenever you get on to the internet. Your computer’s IP address is used by our Site for administration purposes and to report aggregate traffic information to our affiliates and service providers.

California Consumer Privacy Act (CCPA)

Data Collection: We currently collect the categories of personal information listed in the “Categories of Personal Information We Collect” section below, and we may use the data for the purposes identified for in the “Purposes for which Categories Will Be Used” section below. As permitted by applicable law, we may use and disclose all of the personal information that we collect to:

Comply with federal, state, or local laws.
Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
Cooperate with law enforcement agencies concerning conduct or activity that we, a service provider, or a third party reasonably and in good faith believe may violate federal, state, or local law.
Exercises or defend legal claims; and
Collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information.

Purposes for which Categories Will Be Used: We use the categories of personal information identified above to:

Process your purchases or returns.
Process your payments or refunds.
Detect fraud and prevent loss.
Provide you with catalogs and information about our products and services.
Contact you about products or services that may be of interest to you.
Enable you to track the status of your purchase or returns.
Establish and maintain your user account with us.
Manage our relationship with you.
Allow you to contact us and facilitate your communication with us.
Respond to your feedback, requests, questions, or inquiries.
Register you for our email or text message distribution lists.
Send you periodic emails or text messages.
Administer promotions or surveys.
Enable you to share reviews, comments, questions, and answers and to show you as a verified buyer.
Operate our website and prepare aggregate traffic information (which we may share with our affiliates and advertisers).
Recognize your browser/device and remember your preferences and interactions
Operate, enable, and improve our website and its content/functionality.
Understand how you interact with our website and enhance your experience by providing a more personal and interactive experience.
Track visits to our website and usage analytics (e.g., page response times, download errors, length of visit, webpages visited, etc.).
Manage and maintain the security of our website.
Provide notice of changes to our website or the services we offer or provide through it.
Conduct research and analysis and improve our products and marketing efforts.
Determine and track customer interests, needs, and preferences.
Engage with you on social media.
Operate our business.
Develop new products and services.
Improve our customer service.
Maintain insurance for our business.
Maintain our inventory records and perform our accounting and audit functions.
Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers.
Ask if you would like us to share your information with third parties.

Categories of third parties with whom we share personal information: We share each category of personal information with the following categories of third parties:

Subsidiaries and affiliates
Service providers (e.g.,accountants, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, site administration, technical support, modeling, analytics)
Data enrichment vendor who assists with our marketing efforts

Personal Information Shared with Third-Party Marketing Partners: We do not transfer your Information in exchange for money, but information may have been shared with certain third-party marketing partners. Specifically, limited identifying information may have been shared with such partners. Under the California Consumer Privacy Act, California residents may be entitled to opt out of such sharing, referred to as a “Do Not Sell” right. We may have shared the following categories of personal information with such partners described above during the preceding 12 months:

Identifiers
Categories of personal information described in California’s data breach notification law
Protected classifications under California or federal law
Commercial information
Internet or other electronic network activity information
Geolocation data
Audio, electronic, visual, thermal, olfactory, or similar information
Inferences

Personal Information Disclosed for a Business Purpose: We have disclosed for a business purpose the categories of personal information listed below during the preceding 12 months:

Identifiers
Categories of personal information described in California’s data breach notification law
Protected classifications under California or federal law
Commercial information
Internet or other electronic network activity information
Geolocation data
Audio, electronic, visual, thermal, olfactory, or similar information

Additional Data Collection and Uses: We will not collect categories of personal information other than those disclosed above without providing a new notice at collection. In addition, we will not use your personal information for any purpose other than those disclosed above. Suppose we intend to use your personal information for a purpose that was not previously disclosed in the notice at collection. In that case, we will directly notify you of the new use and obtain consent from you to use it for the new purpose.

Is the entry of personal information required? You may choose not to provide us with personal information, but you will not be able to access portions of the Site that require your personal information (such as completing online orders). Some site pages, including our online forms and applications, may give you the option of providing certain items of your personal information. If you want to change or update any information about yourself that you have submitted, you may contact us via the contact methods listed in this Policy.

How do we protect your personal information? We have put security measures in place to protect the personal information you share with us from being accidentally lost, used, altered, disclosed, or accessed unauthorizedly. From time to time, we review our security procedures to consider appropriate new technology and methods.

We use SSL technology to encrypt data in transit and encrypt data at rest on our systems. We do not store or save your financial information. While our security measures seek to protect your personal information in our possession, no security system is perfect, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. We cannot promise that your personal information will remain secure in all circumstances.

We will also use reasonable security measures when transmitting personal information to you in response to requests under the California Consumer Privacy Act. We have implemented reasonable security measures to detect fraudulent identify-verification activity and to prevent the authorized access to or deletion of personal information.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

How long do we store your information? We will retain and use your personal information for as long as necessary to fulfill the purposes for which it was collected, comply with our business requirements and legal obligations, resolve disputes, protect our assets, provide our services, and enforce our agreements.

We take reasonable steps to delete the personal information we collect about you, where we have a legal obligation to do so if you ask us to delete your information unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations. To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months. We only use this information for recordkeeping purposes.

The California Consumer Privacy Act (CCPA) provides California residents with the additional rights listed below. To exercise these rights, see the “Exercising Your California Privacy Rights” section or visit our Privacy Portal .

Right to opt-out of Sale of Personal Information. Where provided by law, you have the right to direct us to stop selling your personal information to third parties and refrain from doing so in the future.

As noted above, in the last 12 months, we may have shared Personal Information with business partners for marketing initiatives. Such sharing may constitute a “sale” under CCPA, even though we do not receive monetary payment. We have ceased sharing California consumer personal information with third parties that could potentially constitute a “sale” of personal information. In the future, if you opt-out we will not share your information with such third parties to use for such purposes unless you later direct us to do so.

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

The categories of personal information we have collected about you.
The categories of sources from which the personal information is collected.
The business or commercial purpose for collecting your personal information.
The categories of third parties with whom we have shared your personal information; and
The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you. There are a few exceptions, however, which include but are not limited to when the information is necessary for us or a third party to do any of the following:

Complete your transaction.
Provide you with a good or service.
Perform a contract between us and you.
Protect your security and prosecute those responsible for breaching it.
Fix systems in case of a bug.
Protect your free speech rights o or those of other customers.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws.
Comply with a legal obligation; or
Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Other Rights. You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA. We do not offer financial incentives, price and service differences, or discriminate against consumers for exercising their rights under the CCPA.

Exercising Your California Privacy Rights. To request access to or deletion of your personal information or to exercise any other rights under California law, please get in touch with us using one of the following methods:

Website: You can use our Privacy Portal to exercise your privacy rights via our website.

Phone: You can call us toll-free at 1-973-6194736

Email: You can email us at [email protected] to exercise your rights. Please include your full name, email address, and phone number in your message, along with why you are writing, so that we can process your request in an efficient manner.

Response Timing. We aim to respond to a consumer requests for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

Nevada Residents. Effective October 1, 2019, you may submit a verified request to us at [email protected] to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. We will respond to any such request as required by Nevada law.

If you have any questions or concerns about your privacy or this policy, or if you need to access this policy in another format, please contact us.

Site Contents

Except for brand names and trademarks of third-party vendors of merchandise featured on the Site, or unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by Xenon Ophthalmics (the “Company”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company. Xenon Ophthalmics and all related trademarks appearing at this Site are trademarks of the Company.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Submissions of User Content
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Xenon Ophthalmics or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites. Such Submissions may be used on the Website and/or on other Xenon Ophthalmics marketing materials, including emails, social media. If your Submission is selected by Xenon Ophthalmics to be used, it may be displayed for other users to see, together with your name and associated profile information and profile picture. Xenon Ophthalmics is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Xenon Ophthalmics , its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, user name or “handle” profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third-party agreements or terms of service to which you are subject.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Xenon Ophthalmics as to the origin of any Submission. You agree to indemnify Xenon Ophthalmics , our vendors, and third parties and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, user name, “handle”, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO XENON OPHTHALMICS ’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Xenon Ophthalmics without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Xenon Ophthalmics reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements, and other content of third parties. Xenon Ophthalmics is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Xenon Ophthalmics , including its licensors and/or vendors, and Xenon Ophthalmics does not endorse any such opinions, statements, or materials.

You acknowledge and agree that Xenon Ophthalmics has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

Feedback
Any questions, comments, suggestions, or other information about Xenon Ophthalmics products or services submitted to Xenon Ophthalmics through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Xenon Ophthalmics shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Xenon Ophthalmics specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Xenon Ophthalmics will not have any obligation or liability to you arising from Xenon Ophthalmics’ and/or any third party’s receipt or use of such information or material.

Feedback and User Content

You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Xenon Ophthalmics does not control and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Xenon Ophthalmics expressly disclaims any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will Xenon Ophthalmics be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Xenon Ophthalmics does not pre-screen or approve Feedback and User Content, but that Xenon Ophthalmics shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.

Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Xenon Ophthalmics expressly disclaims any liability for such organizations, events or individuals.

Product Information

The prices displayed at the Site are quoted in US Dollars and are valid and effective only in the United States.

Links to Other Web Sites and Services

This Site may contain links to outside services and resources, the availability and content of which the Company does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The privacy policy, terms of use and other conditions of access specified on or applicable to any third-party site will govern access and use of such site, the site owner’s use of information obtained from users, etc.

Xenon Ophthalmics Text Alerts: Terms and Conditions

Xenon Ophthalmics Text Alerts are SMS messages that notifies you of special updates offers, sales, and events. Your carrier’s standard messaging rates apply to your entry or submission message, our confirmation, and all subsequent SMS correspondence. Message and Data Rates may apply.
You may provide an opt-in consent to receive recurring autodialed marketing messages to the telephone number you used to send your text message. Msg frequency may vary. Consent is not a condition of purchase. Unsubscribe at any time from all services by sending STOP.
There is no fee to being added the Xenon Ophthalmics Text Alerts program or to receive messages, and participation is not conditioned on the purchase of any goods or services.
Unsubscribe at any time from all services by sending STOP.

Downloading content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your wireless carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your wireless carrier. The wireless carriers are not liable for delayed or undelivered messages.
We, nor any wireless carriers, will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS text message services are provided on an AS IS, AS AVAILABLE basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your wireless carrier’s name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will administer your data in accordance with our privacy policy.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information.
The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
We may suspend or terminate the service to you if we believe you are in breach of any of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.
If you have any questions, email this address [email protected] or call 1-973-6194736. You can also text the word HELP or INFO to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.
Xenon Ophthalmics reserves the right, in its sole discretion, to modify these Terms and Conditions at any time with or without further notice. To the fullest extent permitted under applicable law, your continued participation in the program after modification constitutes your acceptance of these Terms as modified. We may, in our sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the service, temporarily or permanently, at any time with or without notice.
Except where legally prohibited, all participants agree that: (1) any and all disputes and claims shall be resolved individually, without resort to any form of class action, and exclusively by arbitration according to Xenon Ophthalmics’ terms and condition or at Xenon Ophthalmics option the state or federal courts in New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the program, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All legal issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any participant and Xenon Ophthalmics, shall be governed by the laws of New York, without giving effect to any choice of law or conflict of law rules.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

This provision is unenforceable or inapplicable within the State of New York.

Indemnification

You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Miscellaneous

This Site is controlled and operated by the Company from its offices in New Jersey.

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York, Nassau County.

Termination

This Agreement is effective unless and until terminated by either you or the Company. Either of us may terminate this Agreement at any time without notice.

REMEMBER — IF YOU REGISTER WITH THE SITE, SIGN UP FOR FREE E-MAIL. BY PURCHASING SOMETHING FROM XENON OPHTHALMICS, YOU AGREE TO THESE TERMS. AS WE UPDATE AND EXPAND OUR SERVICES, THIS POLICY MAY CHANGE, SO PLEASE CHECK IT OUT FROM TIME TO TIME. THANK YOU.