You agree to use this Site only for lawful purposes. Additionally, you must not misuse the Site by knowingly using material which is malicious or technologically harmful. You shall not gain unauthorised access to the Site and servers, computers, databases connected to the Site. Any breach may be reported to the relevant law enforcement authorities.
These conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current conditions to which you are bound.
Users of our Subscription Order and One-Time Order services ( Services ) are also subject to the Terms and Conditions governing such Services, a link to which can be found in the Patient Portal and on this Site.
Reference to "we", "us", "our" or similar terms refers to your Eye Doctor's Practice.
Reference to "you", "your", "User" or similar terms refers to any user of the Site.
II. Copyrights and Trademarks; Use of Site
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, software, written text and other materials that are part of the Site (collectively, the Contents ) may be subject to copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, one of our affiliates or by third parties who have licensed their materials to us and may be protected by U.S. and/or international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is our exclusive property and is also protected by U.S. and/or international copyright laws. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the procedure outlined below in Section VIII - DMCA Notice; Procedure for Making and Responding to Claims of Copyright Infringement.
The content and software on the Site may be used only as a shopping resource. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
III. Products and Pricing
While we strive to provide accurate product and pricing information, pricing, pictorial or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to either refuse or cancel any orders placed for that item or contact you for notification and instructions on such cancellation. Without limitation to said terms above, we do not represent that each item on this Site is accurate with regard to pricing and product information and disclaim any liability as to such accuracy. Unless otherwise noted, prices for items ordered on the Site do not include shipping costs, if applicable, or applicable taxes.
V. DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
VI. LIMITATION OF LIABILITY
BY USING THE SITE, YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL WE OR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE SITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
VII. Dispute Resolution
VIII. DMCA Notice; Procedure for Making and Responding to Claims of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow this procedure.
It is our policy to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (" DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to our Designated Agent specified below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our Designated Agent that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a valid notification of alleged copyright infringement by a third party, we shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that we have removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by us, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
To be effective, a counter notification must be a written communication provided to our Designated Agent that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If we receive a valid counter notification, we shall provide the complainant with a copy of the counter notification, inform the complainant that we will replace the removed material or cease disabling access to it in 10 to 14 business days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that we have not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by us, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
IX. Security Reminder
We take our User's security and confidentiality very seriously. While there is inherent risk in doing business with anyone over a public medium like the Internet, we have implemented measures to reduce these risks in order to safeguard and protect your privacy.
X. Password and Account Security
You are entirely responsible for maintaining the confidentiality of your own passwords and account details. You are also entirely responsible for any transactions or activities that occur under your account, regardless as to whether such transactions or activities were made with or without your knowledge or authority. Your Eye Doctor shall not be liable for any damage, loss or other liability incurred by you arising from any transactions of any kind whatsoever resulting from the unauthorised use of accounts and passwords by any third parties. However, you may be held liable for any damage, loss or other liability incurred by your Eye Doctor for any wrongful use of your account and/or password. You shall report to your Eye Doctor immediately if you know or have reason to suspect that the security of your password and/or account may have been compromised or used by another person without authority.
XI. Miscellaneous Provisions
These Terms were last updated on November 23, 2020.