Claris Eye Care & Surgery, P.A.
Terms of Use
Claris Eye Care & Surgery, P.A. (“Claris”) is pleased to make the web site and services located at www.clariseyecare.com (the “Site”) available for your use and benefit. The following are terms of a legal agreement between you and Claris. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you are not willing to be subject to the Site’s Web Site Privacy Policy and Terms of Use, you must immediately log off the Site and may not use the Site.
These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Claris, unless otherwise directed by Claris. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
COLLECTION OF VISITOR INFORMATION ON THIS SITE
Any information collected at this Site is governed by our Web Site Privacy Policy. To access and use certain services available through the Site, you may be required to use a login page, which is a part of the Site, and you must agree to be bound by any additional applicable terms and conditions (including this Terms of Use agreement).
USE RESTRICTIONS
Copyright. All software and content included on this Site or used in the operation of this Site, such as text, graphics, logos, button icons, images, audio and/or visual clips, and software, is the owned or licensed property of Claris or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Claris and protected by U.S. and international copyright laws. Claris grants you permission to view and use content and software made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this Site is strictly prohibited.
Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Claris and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Claris or the Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on the Site, is strictly prohibited. Other product and company names that may be mentioned in this Site may be the Trademarks of their respective owners.
Limited Access. Except as otherwise expressly permitted by Claris, any access or attempt to access other areas of a Claris computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Claris’ prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Claris’ infrastructure.
Additional Use Restrictions. As a visitor to this Site you shall not:
a. violate any applicable local, state, national or international statute, regulation, or law;
b. upload, post, use, or otherwise make available any content or information that is false or inaccurate;
c. upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
d. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
e. engage in any activities or manipulate identifying material to misrepresent the origin of content;
f. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
g. upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
h. upload, post, use or otherwise make available, including by e-mail, any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
i. upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
j. use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
k. interfere with or otherwise limit the use of this Site by other users;
l. stalk or harass anyone;
m. collect, compile, or store personal information about other users of this Site;
n. disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked sites;
o. use this Site for commercial purposes; or
p. effect security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
LINKS TO OTHER SITES
The Site may contain links to other web sites. Additionally, other web sites may contain links to the Site. Claris does not review or monitor the web sites linked to the Site and Claris is not responsible for the contents or privacy policies of any other web sites. Any link established by Claris does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between Claris and the operators of other web sites. Claris disclaims any liability with respect to your use of any other web site, and you release Claris from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by Claris, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
DISCLAIMERS
This Site, including all software, functions, materials, and information, is provided on as “as is, with all defects” and “as available” basis without warranties of any kind, either express or implied. Claris disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, system integration, and informational content.
You expressly assume any and all risks related to your use of this Site and/or the services provided through the Site.
The information provided on this Site is general in nature, is provided for informational purposes only, and is designed to support, not replace, the relationship that exists between a patient/site visitor and his/her existing health care provider. Nothing contained in this Site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in seeking medical advice from your doctor or other qualified health care provider because of something you have read on this Site.
LIMITATION OF LIABILITY
In no event will Claris or its affiliates, agents be liable for any damages, including, without limitation direct, indirect, special, incidental, punitive, or consequential damages arising out of or in any way connected with the use this Site, whether based on warranty, contract, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may have additional rights.
Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to use of this Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Under no circumstances whatsoever shall Claris’ aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).
INDEMNIFICATION
You agree to indemnify, defend, and hold Claris and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
CHANGES TO THESE TERMS OF USE
Claris may revise these Terms of Use at any time without notice by updating this posting. Any use of this Site following the date on which changes to these Terms of Use or the Web Site Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Metro Sales shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
OPERATION AND MAINTENANCE OF THIS SITE
Claris may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice, and Claris reserves the right to refuse service to anyone at any time, with or without cause.
YOUR ACCOUNT
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your username or password. Claris reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit content.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Any failure by Claris to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, and any of Claris’ rights arising out of them, may be assigned in whole or in part by Claris at any time without necessity of notice to you. These Terms of Use may not be assigned in any manner by you without the express, prior written permission of Claris.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Hennepin, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.
You are responsible for compliance with applicable laws.
CONTACT
For questions or comments related to this Site, the Web Site Privacy Policy, or these Terms of Use, please contact Claris by email at info@clariseyecare.com. Any and all comments, suggestions, and materials related to such comment and suggestions that you send Claris shall become Claris’ exclusive property; and you hereby transfer, sell, and assign to Claris all of your right, title, and interest in and to any such comments, suggestions, and materials, including without limitation, any and all related patents, copyrights, trademarks and service marks, trade dress and “look and feel,” trade secrets, and all other proprietary rights of any kind whatsoever.
© Claris Eye Care & Surgery, P.A. 2009 – All Rights Reserved