Privacy Policy

Welcome to seeboost.com, a website wholly owned and operated byEvergaze LLC and/or its affiliates (Evergaze). Seeboost.com is the servicewebsite for Evergaze through which Evergaze provides its products and services(collectively, “Evergaze Services”). “Seeboost.com” shall refer to Seeboost.comand any other internet-accessible webpage owned and operated by Evergaze whichis utilized by you in the process of rendering Evergaze Services. Evergaze providesEvergaze Services subject to the following terms and conditions. By using seeboost.com or itsaffiliated websites, you agree to these conditions. Please read them carefully.The person using the website is referred to as the “user” or “you”.Collectively the user and Evergaze may be referred to as the “Parties”. This Privacy Policy may be referred throughout as the “Privacy Policy” or“Agreement”. This website is not directed towards the general public and should not be used by the general public. This website is directed for use by licensed medical professionals in good standing only, whether acting in an individual capacity or as an agent for an incorporated entity or unincorporated entity including, but not limited to, a partnership, an association, a corporation, a limited liability company, a joint venture, a limited partnership, a professional limited liability company, a professional corporation, or a sole-proprietorship.By using this website, you represent that you are at least 18 years of age and are a medical professional, or a duly authorized agent of a medical professional who is under the direct control and supervision of a medical professional. 

Electronic Communications

When you use any of the services offered on seeboost.com, or send e-mails, text messages, and other communications from your desktop or mobile device to Evergaze, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, text messages, mobile push notices, or notices and messages on this site or through other means, including phone calls, e-mails, text messages, and you can retain copies of these communications for your records. 

Statute of Frauds and Electronic Signatures

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Furthermore, you agree that anytime some action requires your affirmative consent, the action which you are required to execute in order to proceed will constitute an electronic signature. These actions include, but are not limited to, the pressing of a digital button, the input of your initials or name in a text box, the checking of an electronic checkbox, the provision of an electronic sound, symbol, or any other process logically associated with a contract and executed or adopted by you with the intent to sign the record. 

Creation of an Account

Before you can make use of Evergaze Services provided on this site, you must register as a user, apply for, and be granted a user account. The grant of this account may require you to provide personal information or information regarding your practice or medical qualifications. After the provision of your information and submission of your application for a user account, Evergaze may, at its sole discretion, grant you a user account based on the information you provided in your application. By submitting your application, you authorize Evergaze to contact you in order to verify the authenticity of your application or for any other reasonable purpose. You agree that the submission of an application constitutes consideration on the part of the user as to this Agreement and its terms. If the user account is granted Evergaze will provide you access to Evergaze Services. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.

You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. Evergaze is neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.

License and Access

Subject to the terms surrounding the creation of a user account, as well as to your compliance with these conditions, Evergaze grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of seeboost.com and Evergaze Services. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any Evergaze Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Privacy Policy or any agreements are reserved and retained by Evergaze or its licensors, suppliers, publishers, rightsholders, or other content providers. No Evergaze Service, nor any part of any Evergaze Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Evergaze. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of seeboost.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Evergaze’s name or trademarks without the express written consent of Amazon. You may not misuse Evergaze Services. You may use Evergaze Services only as permitted by law and as agreed upon between yourself and Evergaze. The licenses granted by Evergaze terminate if you do not comply with this Privacy Policy or any other terms.

Software

To the extent applicable, software from this site is subject to United States Export Controls. No software from this site may be downloaded or exported (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

Copyright

Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Evergaze or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws. All of the content on this site is either the property of Evergaze or is used by us with the permission of its owner. You agree that you will not take any actions inconsistent with Evergaze's ownership of the site and its content.

No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the seeboost.com or any Evergaze Products or Services, whether in whole or in part, or create any derivative works from or of seeboost.com or any Evergaze Products or Services.

Trademarks and Trade Dress

The infinity symbol, seeBoost®, nuSight™ are all Evergaze trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Evergaze Services are trademarks or trade dress of Evergaze in the U.S. and other countries. Evergaze’s trademarks and trade dress may not be used in connection with any product or service that is not Evergaze's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Evergaze. 

User Supplied Content and Information 

You agree to supply Evergaze with accurate and current information as a condition to the rendering of Evergaze Services. Additionally, you may be asked to submit comments and reviews regarding Evergaze Services. You grant Evergaze a full and exclusive license to use comments and reviews in any manner Evergaze deems reasonable at its sole discretion; such manner includes, but is not limited to, the use of submitted content for marketing, advertising, media relations, internal communications, as well as posting such content on Seeboost.com. Evergaze may request that the user submitted comments or reviews be attributed to the user that submitted the comment or review. Such request will be in writing. Evergaze will not identify the user who submitted this comment or review without the user’s permission.

Disclaimer of Warranties and Limitation of Liability

SEEBOOST.COM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SEEBOOST.COM ARE PROVIDED BY EVERGAZE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EVERGAZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF EVERGAZE. COM OR EVERGAZE SERVICES IN GENERAL, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SEEBOOST.COM or by Evergaze, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF EVERGAZE SERVICES, INCLUDING YOUR USE OF SEEBOOST.COM, IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERGAZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, QUALITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.  FURTHER, EVERGAZE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

EVERGAZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF EVERGAZE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR TO ANY THIRD-PARTY THROUGH YOU THROUGH ANY EVERGAZE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. EVERGAZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF EVERGAZE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, EVERGAZE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD-PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON EVERGAZE COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EVERGAZE, ITS PARENT, SUBSIDIARIES OR AFFILIATES - WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY - ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO EVERGAZE. 

YOU ACKNOWLEDGE, BY YOUR USE OF SEEBOOST.COM AND ASSOCIATED SERVICES, THAT YOUR USE OF SEEBOOST.COM IS AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO EVERGAZE. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SEEBOOST.COM'S PRIVACY POLICY, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO EVERGAZE SERVICES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH THE Seeboost.com or Evergaze SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SAME. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.