Terms of Service
Our company provides the website and its related Services subject to the following terms and conditions. By accessing and using the website, all users, browsers, vendors, customers, merchants or contributors of content agree to be bound by these Terms, and any other Terms, conditions and policies referenced herein or available by hyperlink. If you disagree with any part of the Terms, then you may not access the website.
- User Eligibility and Expected Behavior
This website is provided by Waggoner Color Vision Testing, LLC (“Waggoner Diagnostics”), and is available only to persons over the age of legal majority who can form legally binding agreements under applicable law, and who are authorized to act on behalf of registered eye and tissue banks, certified ophthalmic surgeons and ophthalmic surgery centers. You may not use our website or its contents for any illegal or unauthorized purpose, or in violation of any laws of your jurisdiction.
The use of this website is a privilege available to registered users, and Waggoner Diagnostics has the right to immediately terminate a registration, at its sole discretion, for entities behaving unethically, illegally, or other behaviors that in the view of Waggoner Diagnostics are not in the best interests of advancing the cause of organ and tissue donation, or consistent with normal business operations.
You may not log on to this website using a false identity, have a registered user log on for your, or mislead Waggoner Diagnostics as to the origin of your access.
Waggoner Diagnostics reserves the right to refuse access or service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, access to the Services, or any content on the website through which Service are provided, without express written permission by us.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) and may change to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
This site may contain certain historical information. Historical information is, necessarily, not current and is provided for your reference only.
Products or Services
We reserve the right to refuse any transaction that is in violation of these Terms, the standards of the Eye Bank Association of America, the laws of the Food and Drug Administration or your jurisdiction. Any offer for any listing is void where prohibited.
Any tissue listed, and/or the services offered for that tissue, may be exclusively or non-exclusively available, to registered users, in certain geographic locations or jurisdictions. Tissue is necessarily limited in quantity, and may be subject to additional constraints and provisions by the listing eye bank. Waggoner Diagnostics does not warrant the quality of any tissue, services, information or other material purchased or obtained by you, or that any errors in the listings, Services or Content of this website will be corrected.
Fees, Billing, Account Information
You agree to provide current, complete and accurate purchase and account information, and promptly update your account and other information including email and credit card information for all listings and procurements made through this website, so that we may complete your transactions and contact you as needed.
With respect to any individual or donor or medical information that may be listed or provided to potential procurers of tissue, it is the obligation of the tissue-placing eye bank to assure that such posted information complies with HIPAA restrictions, FDA and EBAA requirements, and the laws of your jurisdiction.
You represent to WAGGONER DIAGNOSTICS that you have obtained all necessary consents for the processing and posting of any private information that may be contemplated by the service you are using and the WAGGONER DIAGNOSTICS Privacy Notice. The eye bank placing the information assumes all liability that may arise from the posting of the information, which is the property of the placing eye bank and is not altered, reviewed, verified, or certified in any manner by WAGGONER DIAGNOSTICS.
We may periodically provide you with access to useful third-party tools, some of which may direct you to third party websites, which we neither monitor nor have any control or input. We are not responsible for any content or accuracy from those sites, and we provide access to such tools “as-is”, without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of these third-party tools.
Copyright and License
The Waggoner Diagnostics.com website consists of copyrighted material in its entirety, you may not copy, reproduce, reverse engineer, republish, modify, lease, loan, sell, create derivative works from, upload, transmit, publicly perform, translate into any language or computer code, or distribute the Intellectual Property or Contents of the website in any way, including without the prior written permission of WAGGONER DIAGNOSTICS or the appropriate third party. All intellectual property rights (“Intellectual Property”) associated with the website, and its elements, including its code, software, contents, trade dress, trade secrets, data, design, graphic elements, photographic images, navigation, text, and images are the sole property of WAGGONER DIAGNOSTICS, its affiliates and third parties licensors, and are protected by international copyrights and trademarks, service marks, or trade dress (“Marks”) of WAGGONER DIAGNOSTICS, its affiliates and other entities that have granted WAGGONER DIAGNOSTICS the right and license to use such Marks, and may not be used or interfered with in any manner without the expressed written consent of WAGGONER DIAGNOSTICS. WAGGONER DIAGNOSTICS does not grant you any expressed or implied rights to WAGGONER DIAGNOSTICS’s or any third party’s Intellectual Property.
WAGGONER DIAGNOSTICS grants registered users a limited, personal, nontransferable, nonsublicensable, revocable license to: (a) access the website and use the content, information and services; (b) print and download portions of material from the different areas of the Site solely for your own non-commercial use, except as permissible for registered users of this website in the normal conduct of their business.
(a) You shall not disguise the origin of information transmitted through the website (HIPAA restrictions excluded).
(b) You shall not place false or misleading information on the website.
(c) You may not use or access the website or the Services in any way that, in the judgment of WAGGONER DIAGNOSTICS, adversely affects the performance or function of the WAGGONER DIAGNOSTICS.com, Services, or interferes with the ability of authorized parties to access the WAGGONER DIAGNOSTICS website, including information which contains macros, viruses, Trojan horses, worms, time bombs, or other destructive computer programming routines that are intended to damage, deny use of, interfere with, intercept or expropriate any system, the website, or information that infringes on the property rights or Intellectual Property rights of others.
(d) You shall not frame or utilize framing techniques to enclose any portion or aspect of the Content or Information without the expressed written consent of WAGGONER DIAGNOSTICS.
(e) You shall not copy, frame transmit or republish any portion of the Website for use in another website.
(f) You shall not provide your login information to any other person or entity not registered or otherwise not authorized to access the website.
(g) You shall not use the Systems and Information in connection with automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality.
Submissions and Ideas
WAGGONER DIAGNOSTICS will accept ideas, concepts, or techniques for new services or products through the website, at the ”Contact Us” section, or via email at support@Waggoner Diagnostics.com. With any ideas submitted for new or improved products, processes or services to this website, by any means now known or hereafter developed, you grant to WAGGONER DIAGNOSTICS a non-exclusive, royalty-free, worldwide perpetual license to exploit, reproduce, distribute, transmit, create derivative works of, publicly display or publicly perform any materials and information submitted. You agree that you shall have no recourse against WAGGONER DIAGNOSTICS for any alleged or actual infringement or misappropriation of any proprietary right in your communications.You acknowledge that the information will not be considered confidential or proprietary, that WAGGONER DIAGNOSTICS is under no obligation to keep such information confidential.
You agree that WAGGONER DIAGNOSTICS, in its sole discretion, may terminate or suspend your use of the website, WAGGONER DIAGNOSTICS Systems, Information, Services and Content at any time and for any reason in its sole discretion, even if access and use continues to be allowed to others.
Accessing the website, the Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that WAGGONER DIAGNOSTICS shall not be liable to you or any third party for any termination or suspension of your access to the Website, Systems, Information, Services, or Content.
Limitation of Liability
WAGGONER DIAGNOSTICS is a broker hosting a website allowing other parties the opportunity to electronically display, and select from, available tissue. WAGGONER DIAGNOSTICS does not at any time purchase, own, possess, handle, process, distribute or transfer any tissue. Posters of tissue information on this website bear the sole responsibility for the description, accuracy, relevance and reliability of their posted content. Any inaccuracies or misrepresentations are the sole responsibility of the poster. WAGGONER DIAGNOSTICS will bear no responsibility for the content.
All websites are susceptible to attacks that may result in exposure or modification of sensitive data, or impact on availability of services to authorized users. Application testing is conducted to identify security flaws introduced into the design, implementation or deployment of an application. Website developers and administrators identify functions that are critical to security, and test those functions to verify correct operation to an appropriate level. WAGGONER DIAGNOSTICS will use its best efforts to assure the integrity of the website, but makes no representation that the website, services, or content are invulnerable to attack, and the users expressly accept the risk of using the website.
Compliance With Law, Including Export Control
You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations, and in a fashion that does not, in the sole judgment of WAGGONER DIAGNOSTICS, negatively reflect on the goodwill or reputation of WAGGONER DIAGNOSTICS, and shall take no actions which would cause WAGGONER DIAGNOSTICS to be in violation of any laws, rulings or regulations applicable to WAGGONER DIAGNOSTICS.
WAGGONER DIAGNOSTICS and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under United States or other applicable export control laws or regulations. By accessing this site you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
Jurisdiction and Governing Law
To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to, your use of the website, the Services and/or Content, shall be instituted in a state or federal court sitting in the County of Orange, State of California, United States of America, To the extent permitted by law, the controlling language of any and all correspondence and legal activity is English. You agree that any claim or cause of action arising out of or related to your use of the Website, the Services or Content must be filed within one (1) year after such claim or cause of action arose.
Questions or comments regarding the Website may be submitted to WAGGONER DIAGNOSTICS Customer Service at support@Waggoner Diagnostics.com.