Fresh Lens Terms and Conditions
PRIVACY POLICY
Fresh Lens Inc respects your rights of privacy. Your privacy is important to us. We will not share or sell your personal or medical information to anyone unless required by law. We reserve the right to disclose your personally identifiable information as required by law Fresh Lens or its internet websites represented by Fresh Lens, will never sell or otherwise distribute personally identifiable information from email messages to third parties, except as described above.
Fresh Lens respects the privacy rights of our online visitors, and subscribers and members of our application and is committed to protecting the personal information collected about you from applications. To further this commitment, we have adopted this Privacy Policy ("Privacy Policy") to guide how we collect, store, and use the information you provide to us. By visiting our Site, you are accepting the practices described in this Privacy Policy and our Terms of Use.
Family Care app is designed to meet or exceed your personal and your family health care needs ensuring privacy, confidentiality and information security. It is our policy to review and adapt to statutes, regulations, and information protection policy guidelines wherever applicable.
THE CONTENTS OF THE IPHONE FAMILY CARE APPS, SUCH AS TEXT, GRAPHICS, IMAGES, AND OTHER MATERIAL CONTAINED ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE FAMILY CARE APPS OR ON FRESH LENS WEB SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. FRESH LENS INC. DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEB SITE AND OR ON THE FAMILY CARE APPS. RELIANCE ON ANY INFORMATION PROVIDED BY FRESH LENS INC. WEB SITE OR FAMILY CARE APPS, IS SOLELY AT YOUR OWN RISK.
Our Web site & Family Care apps contains links to other Web resources. The privacy policy described here does not apply to those other sites. Once you link to another site or refer information from other sites within our apps or web site, your privacy rights are subject to the privacy policy of that site.
Your use of Family Care apps is governed by this privacy agreement and does supersede the End User License Agreement (EULA).
PRIVACY POLICY SCOPE
The privacy policy herein applies to the usage of Family Care application & Fresh Lens Inc web site and the information stored therein.
MEDICAL DISCLAIMER
THIS GENERAL INFORMATION IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION OR TO REPLACE YOUR HEALTHCARE PROFESSIONAL. CONSULT WITH YOUR PRIMARY HEALTH CARE PROVIDER FOR ANY MEDICAL CONDITIONS. DO NOT ATTEMPT TO TREAT YOURSELF, YOUR CHILD, OR ANYONE ELSE WITHOUT PROPER MEDICAL SUPERVISION. INFORMATION PROVIDED HEREWITH IS COLLECTED FROM VARIOUS INTERNET DATABASES AND ITS USE IS ENTIRELY FOR EDUCATIONAL PURPOSES AND NOT TO RENDER ANY OPINION, PRESCRIPTION, ADVICE, DIAGNOSIS, SUGGESTIONS, ADVICE AND TREATMENT OF ANY KIND.
LINK DISCLAIMER
We provide information from other web sites operated by other parties (www.cdc.gov, the American Cancer Society, Inc.("ACS"), National Heart, Lung, and Blood Institute (NHLBI) ,http://www.nlm.nih.gov/medlineplus/linking.html). The information is provided for your convenience only. The presence of this does not imply any endorsement of the material on the web sites or any association with the web site's operators. We do not operate, control or endorse any information, products or services provided by third parties through the Internet. We are not responsible for the content and performance of these sites.
ERRORS AND PROBLEMS
While Fresh Lens has made every effort to ensure that systems and information available on the website and/or apps shall be free from error, Fresh Lens does not guarantee that the website and/or apps will be free from viruses, or that access to the website or and/or app.
OUTBOUND LINKS
The website and/or apps may contain links to third-party websites and resources (hereinafter referred to as "linked sites"). These linked sites are provided solely as a convenience to you and not as an endorsement by Fresh Lens of the content on such linked sites. Fresh Lens makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. Fresh Lens is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. Should you do decide to make use of the link, your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site's privacy policy. Fresh Lens recommends that you review such terms before using the linked site. To the fullest extent possible, Fresh Lens makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person or entity. Without impacting its ability to exclude itself from such responsibilities and warranties Fresh Lens may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Fresh Lens website.
FAMILY CARE APPLICATION:
All data is manually consolidated into a proprietary database contained within the application from a number of public & open sources.
This application is intended to be a basic guide only & is made available for private general use only. Although we have endeavored to make this data as accurate as possible, no liability is accepted for any errors & omissions, including those relating to language software translation.
By purchasing this application from the iTunes store, you have agreed to the Licensed Application End User License Agreement (EULA), available for viewing HERE (http://www.apple.com/legal/itunes/appstore/dev/stdeula/)
DISCLAIMERS OF WARRANTIES
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Fresh Lens disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Family Care iPhone Apps or its corporate website. Fresh Lens Inc. disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Fresh Lens Inc, disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet and or through Family Care iPhone application.
Family Care Application is provided by Fresh Lens Inc "as is" and "with all faults." without warranties of any kind, either expresses or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement.
Fresh Lens makes no representations or warranties of any kind concerning the safety, suitability, lack of viruses, inaccuracies, typographical errors, or other harmful components of this application. There are inherent dangers in the use of any software, and you are solely responsible for determining whether this Family Care application is compatible with your equipment and other software installed on your equipment. You are also solely responsible for the protection of your equipment and backup of your data, and Fresh Lens Inc. will not be liable for any damages you may suffer in connection with using, modifying, or distributing this Application.
Neither Fresh lens Inc., nor any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that family care apps and / or company website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
You understand and agree that any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Neither Fresh Lens Inc., nor any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise.
Further, please note that no advice or information obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these terms & conditions.
LIMITATION OF LIABILITY
You expressly understand and agree that we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) The use or the inability to use the Family Care application; (b) The use of any content or other material on the Fresh Lens Inc., sites or any website or websites linked to the fresh lens inc sites, (c) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (d) Unauthorized access to or alteration of your transmissions or data; (e) Statements or conduct of any third party on our website; or (f) Any other matter relating to our website. in no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our website. If you are dissatisfied with any portion of our website or Family Care apps, or with any of these terms & conditions, your sole and exclusive remedy is the discontinuation of your use of this website or Family Care apps.
Fresh Lens Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
This agreement is governed by California law, excluding California's choice-of-law rules. The exclusive venue for any dispute relating to this agreement is Alameda County, California.
INDEMNIFICATION
You agree to indemnify, hold harmless and, at our option, defend Fresh Lens Inc. and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
MISCELLANEOUS TERMS
In any action against us arising from the use of our Website and / or Family Care iPhone application, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and attorneys’ fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with the Privacy Policy, are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between these Terms & Conditions and the Privacy Policy, the Privacy Policy shall control. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website,. Each time you access this Website and or Family Care apps, you will be deemed to have accepted any such changes.
OTHERS1. Your Agreement with Fresh Lens Inc for the use of Family Care iPhone apps
Your use of Family Care apps is governed by this agreement. Fresh Lens Inc., located at Feather Mint Parkway, San Ramon, CA 94592, United States.
2. NOT MEDICAL ADVICE
FAMILY CARE IPHONE APPS DO NOT OFFER ANY MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH FAMILY CARE IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO COVER ANY AND /OR ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH FAMILY CARE APPLICATION. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL CONDITIONS OR EMERGENCIES.
3. USE OF YOUR INFORMATION
If you create, transmit, or display health or other information while using Family Care iPhone apps you may provide only information that you own or have the right to use. When you provide your information through Family Care iPhone apps, you are solely responsible any privacy & information distribution issues.
4. CONTENT AND SERVICES ACCESSED THROUGH FAMILY CARE APPS.
Fresh Lens Inc may make third-party services available through Family Care iphone apps. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.
Fresh Lens Inc. may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. Fresh Lens Inc. further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through Fresh Lens corporate web site or through Family Care iPhone apps.
Use of these services and reliance on this content is solely at your own risk. Fresh Lens Inc, may not be held liable for any damages arising out of or related to your use of any third-party service or content.
5. CHANGES TO THIS AGREEMENT
Fresh lens Inc. may change this agreement and will post the modified agreement at https://www.freshlens.netl. If you do not agree to the modified agreement, you should stop using Family Care iPhone apps.
6. EXCLUSION OF WARRANTIES
Neither Fresh Lens Inc, nor any of Fresh Lens Inc, licensors make any express warranties, and each of them disclaims all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. Neither Fresh Lens Inc, nor any of Fresh Lens Inc, licensors make any warranty that the content in Family Care iPhone apps satisfies government regulations requiring disclosure.