Terms and Conditions

  1. These terms of service (the "Agreement") are entered into by and between the user ("you", "your", "Customer" or "User") and the Peristat Group LLC ("Peristat", "we" or "us"). You are deemed to have accepted this Agreement upon the earlier of: (a) your registering at the Peristat web site; (b) your accepting the Terms and Conditions electronically during registration or during installation of any software that you may have received from us; or (c) your use of the Service (see paragraph 2). This Agreement is made up of the terms below, plus any other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and any related policies and materials are set forth on the Peristat web site in the "Terms and Conditions" section.

  2. Definition of Service. For the purposes of this Agreement the term "Service" shall mean the Peristat virtual vision screening system, including all software, professional services, technical support, email and other features provided by the Peristat to you.

  3. You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this agreement and affirm that the confirmation you supply to us is correct and complete.

  4. You agree that you are responsible for all use of your account that you have with Peristat, and that you accept full responsibility for the actions of anyone using the Service via your account, with or without your permission.

  5. We reserve the right to refuse the Service to anyone.

  6. We may revise the terms and conditions of this agreement from time to time (including any of the policies that may be applicable to usage of the Service) by posting such revisions to the Peristat web site at the "Terms and Conditions" section. You agree to review this page periodically to be aware of these revisions. By continuing to use the Service after the revisions are in effect, you accept and agree to the revisions and to abide by them. If you do not agree to the revision(s), you must cease to use the Service immediately.

  7. The Service may not be available in all areas or at all times. Peristat may, at its discretion and without notice or liability, restrict the use of this Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

  8. Software: In connection with our provisioning of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by Peristat or its third party licensors, providers or suppliers, and which may be provided free or for a fee. We reserve the right to update or change the Software from time to time. You agree to cooperate in performing such steps as may be necessary to install any upgrades or updates of the Software. You may use the Software only as part of and for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Peristat or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement. With regard to any Software which is not accompanied by an end user license agreement, you are hereby granted a revocable, non-exclusive, non-transferable license by Peristat or its third party licensors, providers or suppliers, to use the Software (and any corrections, updates and upgrades). You may not make any copies of the Software. You agree that the Software is the confidential information of Peristat or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Peristat or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Peristat or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. We provide technical assistance and support for the Software in accordance with our policies. Unless otherwise provided in such policies, Peristat does not provide technical assistance or support for any third party Software. Technical assistance or support with regard to third party software provided by the Software supplier is solely provided in accordance with such third party's policies or other terms. Your license to use the Software shall remain in full force and effect unless and until terminated by Peristat, its third party licensors, providers or suppliers, or until your Service is terminated. Upon termination of your Service for any reason, you must cease all use of the Software and immediately delete the Software from your computer.

  9. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph 9, until terminated by either party as permitted by this Agreement. If, in the sole discretion of Peristat: (a) you are in breach of any of the terms of this Agreement, including but not limited to, all policies regarding abuse and acceptable use of the Service; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Peristat's network, or the use and enjoyment of other users; or (c) Peristat receives an order from a court to terminate your Service; (d) if Peristat for any reason ceases to offer the Service; then Peristat at its sole election may terminate or suspend your Service immediately without notice. For termination in accordance with this Paragraph 9, you shall be liable for the applicable fees due at that time. Peristat, in its sole discretion, may refuse to accept your application for renewal or re-subscription following a termination or suspension of your use of the Service. If your Service is terminated for any reason, you agree to pay a reconnection fee if the Service is reactivated.

  10. Regulatory Compliance: In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes Peristat to believe that this Agreement may be in conflict with such rules, regulations, and orders, Peristat may terminate or modify your Service and/or this Agreement immediately without notice.

  11. Deletion of Data upon Termination: You agree that if your Service is terminated for any reason, Peristat has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.

  12. Pricing and Payment: Peristat fees and charges for the Service(s) you select are supplied to you during the ordering process unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service, as well as any applicable taxes and other charges including but not limited to activation fees, set-up fees, installation fees, termination fees, or other nonrecurring charges. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Peristat or its agent will bill your credit card. Peristat does not accept debit cards for payment of any charges or fees. Service to you may be denied or discontinued without notice at any time in the event of non-payment. Peristat offers a money-back guarantee to customers who terminate or abandon the screening test prior to submission of results for expert review. Once the test results have been reviewed, the fees are fully earned and cannot be refunded. Refunds, partial or complete, or a waiver of any fees or charges will be given at the sole discretion of Peristat. You are limited to taking advantage of no more than one special pricing promotion during any twelve-month period.

  13. You are not authorized to use any Peristat name or mark as a hypertext link to any Peristat web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Peristat. You understand that your ability to link to another web site through the Service does not, in any way, represent or imply Peristat's approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content.

  14. You agree that your use of the Service, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Peristat is not responsible for invalid destinations, transmission errors, or corruption or security of your data. You agree that Peristat does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.

  15. Peristat does not sell or disclose individually-identifiable information obtained online, or information about you or your account or service, to anyone outside of Peristat or its authorized vendors, contractors and agents unless you specifically authorize it, disclosure is required by law, or deemed necessary by Peristat in its sole discretion to protect the safety, rights or property of Peristat or any other person or entity. If you provide individually identifiable information to us in the context of an event Peristat sponsors with another company, or if you register on a co-sponsored site or feature, you may also be providing the individually identifiable information to the co-sponsor. For example, on Peristat co-branded sites, our partner will generally co-own the customer information received through the site. How the partner uses this information will be explained in the privacy statement at the co-branded site, which will govern the use of data gathered through the co-branded site.

  16. Peristat may share non-personally identifiable information with non-Peristat companies in order to assess the results of a promotion or event. This information is used in aggregate only, and does not contain any information that would personally identify you.

  17. A SPECIAL DISCLOSURE RULE APPLIES TO DATA COLLECTED DURING THE PERISTAT VISION SCREENING ON-LINE TEST(S) OR ANY MEDICAL DATA THAT MAY RESULT FROM ANALYSIS OF YOUR TEST RESULTS: UNDER NO CIRCUMSTANCES PERISTAT MAY RELEASE SUCH DATA TO ANYONE OTHER THAN YOU OR YOUR PHYSICIAN, AT YOUR REQUEST; OR THE PERISTAT APPOINTED ANALYST, AT YOUR REQUEST; OR ANOTHER PARTY IF THE DISCLOSURE IS REQUIRED BY LAW. AT REGISTRATION, PROVISIONING OF A REFERRAL CODE ASSOCIATED WITH A SPECIFIC PROVIDER IN OUR DATABASE SHALL CONSTITUTE AN AUTHORIZATION TO RELEASE YOUR MEDICAL INFORMATION TO THAT PROVIDER. PROVISIONING OF A DEFAULT OR INVALID REFERRAL CODE AT REGISTRATION SHALL CONSTITUTE AN AUTHORIZATION TO HAVE YOUR TEST RESULTS REVIEWED BY A PROVIDER OR ANALYST APPOINTED BY PERISTAT. SHOULD YOU WISH TO HAVE YOUR TEST RESULTS MADE AVAILABLE TO ANYONE ELSE, YOU MUST NOTIFY US IN WRITING ABOUT YOUR DECISION.

  18. THE PERISTAT VISION SCREENING SYSTEM IS INTENDED FOR SCREENING ONLY AND SHOULD NOT BE USED IN ANY WAY TO TREAT, DIAGNOSE OR PREVENT ANY DISEASE. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL EVALUATION, DIAGNOSIS AND TREATMENT. RESULTS PRODUCED BY PERISTAT SYSTEM MAY INCLUDE BOTH FALSE POSITIVE AND FALSE NEGATIVE ERRORS. INTERPRETATION OF THE RESULTS IS DEPENDENT UPON DATA PRODUCED BY THE USER AND ANY AND ALL INTERPRETATIONS ARE SUBJECT TO VARIABILITY.

  19. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY PERISTAT (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), PERISTAT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY PERISTAT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

  20. IN NO EVENT SHALL PERISTAT (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PERISTAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO PERISTAT'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

  21. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH PERISTAT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), PERISTAT'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.

  22. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

  23. PERISTAT RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

  24. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.

  25. Peristat will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

  26. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

  27. Notices required under this Agreement by you shall be provided to Peristat in accordance with the methods set forth on the Peristat website in the Contact Information Section. Notices by Peristat to you shall be deemed given: (a) when sent to your email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website as set forth in Paragraph 6, Revisions, above.

  28. With regard to electronic communications, you and Peristat further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email'), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.

  29. You and Peristat agree that the substantive laws of the State of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

  30. Peristat's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

  31. This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and Peristat with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.