Last updated 29 October 2020
I give my consent to use my testimonial as outlined above (the “Testimonial Statement”) while understanding that my name, comments and/or other identifying factors may be revelated to the public. I understand that the Testimonial Statement may be used in connection with publicizing and promoting Optomed USA Inc (the “Company”), its affiliates or their products. I hereby irrevocably authorize the Company to copy, exhibit, publish, or distribute the Testimonial Statement for purposes of promoting the Company’s products or for any other lawful purpose. The Testimonial Statement may be used in printed publications, multimedia presentations, on websites or in any other distribution media. I agree that I will make no monetary or other claim against the Company for the use of the Testimonial Statement. I further agree that the Company may edit the testimonial and publish edited or partial versions of the testimonial. However, the Company may not edit a testimonial in such a way as to create a misleading impression of my views. In addition, I waive any right to inspect or approve the finished product, including written copy, wherein my likeness or my Testimonial Statement appears. I claim no ownership of the Testimonial Statement and forego any opportunity to copyright or trademark the Testimonial Statement.
I represent and warrant to the Company that I have the power and authority to execute this Testimonial and the Testimonial Statement will not violate any intellectual property rights of any third party. I’m over 18 years of age and have full legal rights and authority to consent to the terms of this Testimonial. I indemnify and hold harmless the Company from all damages, costs (including attorney’s fees), claims, or demands arising in connection with the use of the Testimonial Statement.
If any provision of this Testimonial is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Testimonial, if capable of substantial performance, shall remain in full force and effect.
This Testimonial supersedes all prior discussions and agreements between the parties with respect to the subject matter hereof and thereof and represents the entire agreement between the parties with respect to their subject matter. There are no other representations, understandings or agreements between the parties relative to such subject matter.
This Testimonial, including the arbitration clause, and any dispute, claim or controversy arising out of or relating to this Testimonial, or the breach, termination or validity thereof, are governed by the laws of the State of New York without regard to its principles and rules on conflict of laws. Any dispute, controversy or claim arising out of or relating to this Testimonial, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in the English language and shall be held in New York. The decision of the arbitrators will be a reasoned decision reduced to writing and will be binding on all parties. Costs incurred in the arbitration proceeding, including attorneys’ fees and expenses, will be borne in the manner determined by the arbitral panel.