Doctor/Partner Terms and Conditions

NanoEyeZ Doctor/Partner Program
The agreement below details the terms and conditions for enrolment in the NanoEyeZTM Doctor/ Partner Program. This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.nanoeyez.com (Website). This Agreement allows you, the Doctor/Partner, to engage in the marketing and sale of the NanoEyeZTM product.

Definitions

The terms “Doctor/Partner,” “you,” and “your” refer to you, the applicant. “We”, “us” and “our” refer to Nano Vision BioScience, LLC owner of the product NanoEyeZTM. The term “Product” refers to any products we sell or give away.

Duration

This agreement will commence once your Doctor/Partner application has been accepted and will cease when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination

Changes

Changes may be made to the terms and conditions within this Agreement at any time and at our sole discretion. The changes may include, but not limited to, changes in, fee schedules, payment procedures and program rules. If you find any of the changes unacceptable, you must terminate the Agreement. The changes will be updated on the Website and you will also be notified of any changes by email. If you continue to participate in Product sales following a change, it will be considered that you have accepted the change.

Should the Doctor/Partner sell, transfer, or relinquish Doctor/Partner’s ownership of his/her registered business, it is the sole discretion of Nano Vision BioScience, LLC to require the changed/new ownership to reapply for Doctor/Partner participation.

Should either party choose to terminate this Agreement, any patient/customer of Doctor/Partner may, according to their own discretion, continue to purchase Product directly at or through the NanoEyeZTM website.

Product Cost and MSRP

A wholesale/distribution cost of $99.95 shall be assessed per each single 28 oz. bottle of NanoEyeZTM with a patient/customer suggested retail price per 28 oz. bottle of $129.95. Any volume purchase discounting is at the discretion of the Doctor/Partner.

Start-Up Support

A Start-Up Kit will be provided by NanoEyeZTM at a cost to Doctor/Partner which will include: Six Bottles of NanoEyeZTM, one Acrylic Bottle Display Holder, and two Doctor/Assistant Sales Booklets intended to help Doctor/Partner and Staff educate/explain to the patient/customer the unique qualities of NanoEyeZTM.

Territory

During the Term, Doctor/Partner shall use its best efforts to distribute, offer for sale, and sell the Product in the following geographical area: In office and/or office e-commerce website.

Liability

Nano Vision BioScience, LLC will not be liable for any indirect damages, loss of revenue, profits or data arising, in connection with the Agreement of the Program, even if we have been informed of the possibility of such damages.

Restrictions

We reserve the right not to accept sites into the Doctor/Partner Program based on site content. Sites that do not qualify for the Doctor/Partner Program include, but are not limited to:

Pornographic and sexually explicit content, violent content, discrimination content based on race, sex, religion, nationality or disability, content promoting illegal activities, content violating intellectual property rights.

Unsolicited Emailing

All Doctor/Partners are expected to adhere to the Nano Vision BioScience, LLC policy of not participating in any mass unsolicited emailing. Any violation of this policy will result in the Doctor/Partner being immediately dismissed from the Company Program.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, video, and logos. Your use of our Product does not constitute any right or license for you to use our Service marks or trademarks without the prior written permission of Nano Vision BioScience, LLC.

Disclaimer

Nano Vision BioScience, LLC does not express directly or imply indirectly any warranties or representations in respect of the Doctor/Partner Program or a Doctor/Partner’s potential to earn income from our Program. We make no representation that either our site or that of the Doctor/Partner Program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.

Jurisdiction

This Agreement will be treated as if it were executed and performed in Salt Lake City, Utah and will be governed by and construed in accordance with the laws of the state of Utah without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Doctor/Partner Website Conduct

In the event Doctor/Partner desires to feature the Product on their office e-commerce website, he/she is thereby responsible for complying with all applicable federal and state laws for their website content, including copyright and trademark laws.

Without limiting the foregoing, we have sole discretion to remove any Doctor/Partner from the Program that violates this Agreement or that is otherwise objectionable in our sole discretion.

Linking to Our Website

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.

Links to Other Websites

Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.

Nano Vision BioScience, LLC, has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available on the Website. You must review our Privacy Notice by clicking on this link.If you do not accept and agree to be bound by all the terms of the Agreement, including the www.nanoeyez.com Privacy Notice, do not use this Website or our Services.

Arbitration

Any legal controversy or claim arising or relating to this Agreement and/or Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – Website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Salt Lake City, Utah, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Salt Lake City, Utah, necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

By participating in this Doctor/Partner Program you are acknowledging and consenting that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

By clicking the “I Agree” button below, you confirm that you agree to the Terms and Conditions (or click the “Download” button to view/download the document). Once you click on the “I agree” button you will be presented with an Doctor/Partner Application Form. Please complete this form and we will contact you for next steps.