Welcome, and thank you for your interest in Newton, a product of Newton, Inc. (“Newton,” “we,” or “us”) and our website at [https://www.newton.tech/], including subdomains of that website (the “Site”). These Terms of Service are a legally binding contract between you and Newton regarding your use of the Site.

Please read the following terms carefully

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND NEWTON’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY NEWTON AND BY YOU TO BE BOUND BY THESE TERMS.

Does not apply to consumers in Quebec and other jurisdictions where prohibited by law: ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12.3, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NEWTON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 12.)

Newton Site Overview

The Site provides healthcare professionals, patients, and other users with general information about our products and services. The Find-a-Doctor tool provides a list of available independent providers based on geographic location and who have experience with Newton products. This list of providers does not represent all available providers in the geographic area where you live and is provided for informational purposes only. By providing the list of providers, Newton does not endorse or recommend any particular provider.

1. You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) either you are at least 18 years of age or have been authorized to use the Site by your parent or legal guardian who is at least 18 years of age and who will supervise your use of the Site; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If you are an eye care professional, your use of the Site may be subject to additional terms and conditions.

License

1. Limited License: Subject to your complete and ongoing compliance with these Terms, Newton grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.
2. License Restrictions: Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
3. Information You Submit: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Newton an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

Collection and Use of Information; Aggregated data

1. Collection and use of information: Newton may, directly or indirectly through third party services, collect, record and store information, including Feedback (as defined above) concerning the use of the Site and on the equipment by which the Site is accessed and used, through: (i) the provision of maintenance and support services; (ii) applicable security measures included in the Site; and (iii) by transfer via the Internet. You agree that Newton may use this information for any purpose related to your use of the Site, including, but not limited to: (a) improving the performance of the Site, studying trends, or developing updates; and (b) verifying compliance with these Terms and enforcing Newton’s rights, including all intellectual property rights in and to the Site.
2. Aggregated data: Notwithstanding anything to the contrary in these Terms, Newton may monitor your use of the Site, collect and compile aggregated and anonymized data sets and decision models (the “Aggregated Data”). As between the parties, all right, title and interest in and to the Aggregated Data, including all intellectual property rights therein, belong to and are owned solely by Newton. You acknowledge and agree that Newton may: (i) generate the Aggregated Data on the basis of data that you have created, uploaded, submitted, used or otherwise disclosed to Newton or its representatives in connection with your use of the Site; (ii) make the Aggregated Data publicly available in compliance with applicable laws; and (iii) use the Aggregated Data to the extent and in the manner permitted by applicable laws.

Ownership; Proprietary and Intellectual Property Rights

1. Ownership: The Site is owned and operated by Newton. The trademarks, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Newton are protected by intellectual property and other laws. All Materials included in the Site are the property of Newton or its third-party licensors. Except as expressly authorized by Newton, you may not make use of the Materials. Newton reserves all rights to the Materials not granted expressly in these Terms.
2. Trademarks; Domain Names: All trademarks, service marks, domain names, logos, trade names and other designations of Newton and the Site (collectively, the “Marks”) are, as between us, the exclusive property of Newton. All other domain names, trademarks, service marks, logos, trade names and other designations are trademarks or registered trademarks of their respective owners. You undertake to (i) respect the corporate image of Newton, the Marks and the standards in terms of marking and the concomitant symbol (i.e. symbols: ™, ®, or others); (ii) not to use the Marks; (iii) not to harm or affect in any way, directly or indirectly, the image, goodwill and/or reputation enjoyed by Newton in connection with the Marks; (iv) not to use the Newton Marks to promote your products and/or services, without prior written authorization from Newton (which may be withheld at its sole and absolute discretion); and (v) not to use or apply for registration of any trademark, domain name, corporate or business designation, sign or logo that is identical, similar or confusing to the Newton Marks.