Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by North Texas Total Eye Care, PA, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Responsibility of Website Visitors. North Texas Total Eye Care, PA has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, North Texas Total Eye Care, PA does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. North Texas Total Eye Care, PA disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which KellerEyeDoctor.com links, and that link to KellerEyeDoctor.com. North Texas Total Eye Care, PA does not have any control over those non-North Texas Total Eye Care, PA websites and webpages, and is not responsible for their contents or their use. By linking to a non-North Texas Total Eye Care, PA website or webpage, North Texas Total Eye Care, PA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. North Texas Total Eye Care, PA disclaims any responsibility for any harm resulting from your use of non-North Texas Total Eye Care, PA websites and webpages.
- Copyright Infringement and DMCA Policy. As North Texas Total Eye Care, PA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by KellerEyeDoctor.com violates your copyright, you are encouraged to notify North Texas Total Eye Care, PA in accordance with North Texas Total Eye Care, PA’s Digital Millennium Copyright Act (“DMCA”) Policy. North Texas Total Eye Care, PA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. North Texas Total Eye Care, PA will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of North Texas Total Eye Care, PA or others. In the case of such termination, North Texas Total Eye Care, PA will have no obligation to provide a refund of any amounts previously paid to North Texas Total Eye Care, PA.
- Intellectual Property. This Agreement does not transfer from North Texas Total Eye Care, PA to you any North Texas Total Eye Care, PA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with North Texas Total Eye Care, PA. North Texas Total Eye Care, PA, KellerEyeDoctor.com, the KellerEyeDoctor.com logo, and all other trademarks, service marks, graphics and logos used in connection with KellerEyeDoctor.com, or the Website are trademarks or registered trademarks of North Texas Total Eye Care, PA or North Texas Total Eye Care, PA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any North Texas Total Eye Care, PA or third-party trademarks.
- Changes. North Texas Total Eye Care, PA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. North Texas Total Eye Care, PA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. North Texas Total Eye Care, PA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your KellerEyeDoctor.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by North Texas Total Eye Care, PA if you materially breach this Agreement and fail to cure such breach within thirty (30) days from North Texas Total Eye Care, PA’s notice to you thereof; provided that, North Texas Total Eye Care, PA can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. North Texas Total Eye Care, PA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither North Texas Total Eye Care, PA nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will North Texas Total Eye Care, PA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to North Texas Total Eye Care, PA under this agreement during the twelve (12) month period prior to the cause of action. North Texas Total Eye Care, PA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless North Texas Total Eye Care, PA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Patient Privacy and Personal Health Information. Any personal health-related information obtained through this website, through forms downloaded from this website, or other means of communication will be subject to Privacy Practices Notice of the Practice. The Privacy Practices Notice does not apply to anonymous or non-personal information obtained in the process of accessing this website.
- Miscellaneous. This Agreement constitutes the entire agreement between North Texas Total Eye Care, PA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of North Texas Total Eye Care, PA, or by the posting by North Texas Total Eye Care, PA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tarrant County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tarrant County, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; North Texas Total Eye Care, PA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.