1.
Content of this Website. This Website contains text, graphics,
images, and audio-visual material, including without limitation,
free reports that you may have emailed to you, forms you may use
to contact Trusted LASIK Surgeons listed on the Trusted LASIK Surgeons
Website, user accounts, and links (collectively referred to as the
“Content”).
2.
This Website Does Not Provide Medical Advice. The Content on
this Website is provided for general informational purposes. While
our goal is to ensure that the Content on the Trusted LASIK Surgeons
Website is accurate and current, this Website and the Content provided
on this Website are not intended to provide professional medical
advice, diagnosis, or treatment in any way. This means that you
agree you will not use this Website or the Content for professional
medical advice, diagnosis, or treatment and you will not rely upon
the Contents as a substitute for any professional medical advice,
diagnosis, or treatment. Any reliance you make on the Contents of
this Website or the Content, or on any information provided by Trusted
LASIK Surgeons, its employees, affiliates, consultants, Service
Providers, or other third parties appearing on the Trusted LASIK
Surgeons Website, or other visitors to the Trusted LASIK Surgeons
Website is solely at your own risk.
IF
YOU ARE SEEKING MEDICAL ADVICE, PLEASE CONTACT A DOCTOR LISTED ON
THE TRUSTED LASIK SURGEONS WEBSITE (CLICK HERE)
3.
Dealings with Third Parties Listed and/or Displayed on the Trusted
LASIK Surgeons Website. Your correspondence or business dealings
with, or participation in promotions of, doctors or other third
parties found on or through the Trusted LASIK Surgeons Website,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such doctor or third
party (as applicable). You agree that Trusted LASIK Surgeons shall
not be responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of
the presence of such doctor or third party (as applicable) listed
and/or displayed on the Trusted LASIK Surgeons Website.
4.
Third Party Links. The Trusted LASIK Surgeons Website provides
links to other websites and resources, including but not limited
to websites of doctors listed on the Trusted LASIK Surgeons Website
and to other third parties. When you visit the websites of these
third parties or otherwise use resources, goods or services provided
by these third parties, you understand that Trusted LASIK Surgeons
has no control over such websites, resources, goods or services.
You acknowledge and agree that Trusted LASIK Surgeons is not responsible
or liable in any way for the availability of such external websites,
resources, goods or services, that Trusted LASIK Surgeons does not
endorse and that Trusted LASIK Surgeons is not responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
such website, resources, goods or services including any content,
advertising, products, or other materials available on through such
websites or resources.
5.
The Trusted LASIK Surgeons Website and the Content Are Provided
“AS IS”. This Website and the Content are provided
“AS IS” and “AS AVAILABLE”. Trusted LASIK
Surgeons, its Service Providers, and any third party referred to
on the Trusted LASIK Surgeons Website make no warranties of regarding
the Trusted LASIK Surgeons Website or the Content of any kind. Trusted
LASIK Surgeons, its affiliates, consultants, Service Providers,
and any third party referred to on the Trusted LASIK Surgeons Website,
HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing,
Trusted LASIK Surgeons and its Service Providers make no representations
or warranties regarding the following: (a) the accuracy, completeness,
ability to access, or the reliability of the Content, software,
links, downloads of any materials, data, text, images, video or
audio, or other items from the Trusted LASIK Surgeons Website or
from an email from Trusted LASIK Surgeons, or communications provided
on or through the use of the Trusted LASIK Surgeons Website nor
that any of the foregoing will be up-to-date, error-free, bug-free,
or virus free and/or (b) any defects or inaccuracies concerning
the Content or the Trusted LASIK Surgeons Website, the means of
transmitting any information on the Trusted LASIK Surgeons Website,
or any disruptions concerning the Trusted LASIK Surgeons Website
will be corrected. Your use of the Trusted LASIK Surgeons Website
(including the downloading of any materials, data, text, images,
video or audio, or other items from the Trusted LASIK Surgeons Website
or from an email from Trusted LASIK Surgeons) is at your own risk
and you will be solely responsible for any loss, damage or injury
resulting from your use of this Website or the Content, including,
without limitation, any damage to your computer system or any other
property you use to access or use the Trusted LASIK Surgeons Website
(including any downloads as specified above), any failure of communications
equipment, unauthorized access, viruses, theft, operator errors,
or any loss of data. No advice or information, whether oral or written,
obtained by you from Trusted LASIK Surgeons or through or from the
Trusted LASIK Surgeons Website shall create any warranty not expressly
stated in the Terms of Use.
6.
Limitation of Damages. YOU EXPRESSLY UNDERSTAND AND AGREE TO
THE FOLLOWING: UNDER NO CIRCUMSTANCES SHALL TRUSTED LASIK SURGEONS
(INCLUDING, WITHOUT LIMITATION, ITS OFFICERS, EMPLOYEES, DIRECTORS
AND CONSULTANTS), ITS SERVICE PROVIDERS, OR ANY THIRD PARTY MENTIONED
ON THE TRUSTED LASIK SURGEONS WEBSITE BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION, ANY ACTUAL, CONSEQUENTIAL, EXEMPLARY,
INDIRECT, OR SPECIAL DAMAGES, LOSS, INJURY, OR LOST PROFITS ARISING
OUT OF: (A) THE USE OR INABILITY TO USE THE TRUSTED LASIK SURGEONS
WEBSITE OR DOWNLOAD ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR
AUDIO, OR OTHER ITEMS FROM THE TRUSTED LASIK SURGEONS WEBSITE OR
AN EMAIL FROM TRUSTED LASIK SURGEONS, (b) THE OPERATION OF THE TRUSTED
LASIK SURGEONS WEBSITE, (c) ANY CONTENT ON THE TRUSTED LASIK SURGEONS
WEBSITE, (d) ANY THIRD-PARTY SOFTWARE OR SERVICES UTILIZED TO OPERATE
THE TRUSTED LASIK SURGEONS WEBSITE, (e) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY REGARDING THE TRUSTED LASIK SURGEONS WEBSITE
OR CONTENT; OR (g) ANY OTHER MATTER RELATING TO THE TRUSTED LASIK
SURGEONS WEBSITE OR CONTENT. THIS APPLIES EVEN IF TRUSTED LASIK
SURGEONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES.
IN
NO EVENT SHALL TRUSTED LASIK SURGEONS OR ANY SERVICE PROVIDER BE
LIABLE TO ANY PARTY UNDER THESE TERMS OF USE, REGARDLESS OF THE
FORM OF ANY ACTION, IN AN AMOUNT THAT EXCEEDS $1,000 FOR ACTUAL
DAMAGES. THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND ARE LIMITED
TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS. YOU
AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO USE OF THE TRUSTED
LASIK SURGEONS WEBSITE, THE CONTENT OR THESE TERMS OF USE MUST BE
MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING
RISE TO SUCH ACTION AROSE OR BE FOREVER BARRED AND THIS APPLIES
REGARDLESS OF ANY LAW TO THE CONTRARY.
7.
Children’s Privacy. Trusted LASIK Surgeons is committed
to protecting the safety and privacy of children. This Website is
not intended or designed to attract children under the age of 13.
Trusted LASIK Surgeons does not knowingly collect personally identifiable
information from any child under the age of 13.
8.
Proprietary Rights Concerning Intellectual Property. You expressly
acknowledge and agree that all right, title, and interest in the
Trusted LASIK Surgeons Website and its Content, and all related
materials, including all copyrights, trademarks, tradenames, logos
(the “Trademarks”), and other intellectual property
rights pertaining thereto, shall remain vested in Trusted LASIK
Surgeons or its Service Providers, as applicable. You agree not
to use or display the Trademarks or the trademarks of any third
party displayed on the Trusted LASIK Surgeons Website without Trusted
LASIK Surgeons or the third party’s prior written consent,
as applicable, which may be withheld in the applicable party’s
sole and absolute discretion. You may freely link to this Website.
The Trusted LASIK Surgeons Website and the Content are protected
by copyright. However, you may access and print copies of any portion
of the Trusted LASIK Surgeons Website or any free reports for your
own personal use. You may not use any of the Content on the Trusted
LASIK Surgeons Website without the express written permission of
Trusted LASIK Surgeons or the third party providing such content;
however, we generally encourage certain uses, so please contact
us at legal@trustedLASIK.com for any inquiries.
9.
Trusted LASIK Surgeons Services. Trusted LASIK Surgeons offers
free informational reports concerning various medical procedures
as well as an online form to contact a doctor listed on the Trusted
LASIK Surgeons Website (collectively, the “Services”).
We may add additional services to the Services at any time in our
sole and absolute discretion. In order to utilize the Services,
you must create an account using tools provided on the Trusted LASIK
Surgeons Website. It is your sole responsibility to maintain control
of your user name, password and any information supplied by you
in connection with your use of the Services. You grant Trusted LASIK
Surgeons the right to store, transmit, monitor, any information
you provide to us. We may cancel your account for any reason.
10.
Use of Your Information. For our policies concerning the use
of any information collected by Trusted LASIK Surgeons or provided
by you to Trusted LASIK Surgeons through the Trusted LASIK Surgeons
Website, please see our Privacy Policy. In the event of any inconsistency
between these Terms of Use and the Privacy Policy, the Terms of
Use shall govern.
11.
Indemnity. You shall defend, at your expense, any action brought
against Trusted LASIK Surgeons, its officers, employees, affiliates,
consultants, arising directly or indirectly from claims by you or
any third party relating to any use by you relating to the Trusted
LASIK Surgeons Websites and the Contents on the Trusted LASIK Surgeons
Website or any goods or services provided by any third party displayed
on the Trusted LASIK Surgeons Website, including but not limited
to doctors and Service Providers. You will indemnify and hold harmless
Trusted LASIK Surgeons, its officers, employees, affiliates, consultants,
Service Providers, and any third party displayed on this Website
against all damages and costs (including, without limitation, attorneys’
fees) arising from your use of the Trusted LASIK Surgeons Website
(including any goods or services provided by any third party displayed
on the Trusted LASIK Surgeons Website), and your violation of these
Terms of Use.
12.
Injunctive Relief. You agree that monetary damages may not be
an adequate remedy for breach of the your usage rights of any Content
on the Trusted LASIK Surgeons Website and that in addition to all
other remedies to which Trusted LASIK Surgeons party may be entitled,
Trusted LASIK Surgeons shall have the right to apply to a court
of competent jurisdiction for a temporary restraining order, preliminary
injunction, or other equitable relief without posting a bond that
exceeds $1000 to preserve the status quo or prevent irreparable
harm in the event there is a breach or threatened breach of the
provisions set forth therein.
13.
General Provisions. These Terms of Use constitutes the entire
and exclusive understanding of the parties with respect to the subject
matter hereof and supersedes any previous agreements between you
and Trusted LASIK Surgeons. No waiver of a breach of any provision
of these Terms of Use will constitute a waiver of any subsequent
breach of the same or any other provision hereof, and no waiver
will be effective unless made in writing and signed by a duly authorized
representative of Trusted LASIK Surgeons. If any provision of these
Terms of Use is held illegal or unenforceable, that provision will
be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect. Those
provisions that are intended to survive expiration or termination
of these Terms of Use shall so survive. These Terms of Use may be
amended by Trusted LASIK Surgeons in its sole and absolute discretion
at any time by posting the amended Terms of Use on the Trusted LASIK
Surgeons Website. You agree that there shall be no third-party beneficiaries
to these Terms of Use. Trusted LASIK Surgeons may terminate your
access to the Trusted LASIK Surgeons Website for any reason, without
prior notice. The headings in these Terms of Use are for convenience
only and have no legal or contractual effect.
14.
Governing Law; Jurisdiction; Venue. These Terms of Use shall
be governed by and construed in accordance with the laws of the
State of Nevada without giving effect to its conflict of law provisions.
You and Trusted LASIK Surgeons consent and submit to the exclusive
jurisdiction and venue of the federal and state courts located in
Clark County, Nevada, and you waive any objection to such venue,
including, without limitation, any objection based on the claim
that such venue is an inconvenient forum.
These
Terms of Use were last updated on November 23, 2007.