Terms of Service
The following Terms of
Service applies to the Jeffries Eye Clinic, P.A. and Laser Center web
site, and to any other web site sponsored and maintained by the Jeffries
Eye Clinic, P.A. and Laser Center and its subsidiary or related
entities, collectively referred to in the Policy as the "Jeffries Eye
Clinic, P.A. and Laser Center web sites".
Terms of Service
The
Jeffries Eye Clinic, P.A. and Laser Center welcome you to
this web site. By using this site or its services you agree to be bound
by the Terms of Service (TOS) set forth below. You also agree that you
have read and agree to be bound by our Privacy Policy.
IF YOU DO NOT
AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THIS WEB SITE.
1. You Understand
and Agree to these Definitions: The terms “You” and “User” as
used here refer to all individuals and/or entities accessing this
website for any reason. The term "web site" refers to the Jeffries Eye
Clinic, P.A. and Laser Center web site.
2. You Are
Responsible For Your Own Registration and Password. You are
responsible for maintaining the confidentiality of your information and
password. You agree that you will not let anyone other than you use your
registration or password. You agree to immediately notify the Jeffries
Eye Clinic, P.A. and Laser Center of any unauthorized use of your
registration or password.
3. You Will Follow
All Laws That Apply to Your Use of This web site. You
agree that you will not use this web site in order to transmit,
distribute, store or destroy material, including without limitation web
site content, (a) in violation of any applicable law or regulation, (b)
in a manner that will infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
4. You Will Not
Violate the Copyrights, Trademarks or Intellectual Property Rights of
the Jeffries Eye Clinic, P.A. and Laser Center
or Others.
A. Copyrights: All of
the content of this web site, including text, art, graphics, logos,
buttons, images, pictures, audio clips, software, and code is the
property of Jeffries Eye Clinic, P.A. and Laser Center and our
partners or content providers, and is protected by US and
international copyright laws. Except as granted in the Limited
License below, any other use of such content, including
modification, transmission, presentation, distribution or
re-publication is PROHIBITED without the prior written consent of
the Jeffries Eye Clinic, P.A. and Laser Center.
B. Trademarks: All
trademarks, trade names logos, brand names and service marks of the
Jeffries Eye Clinic, P.A. and Laser Center, whether registered or
unregistered, are the property of the Jeffries Eye Clinic, P.A. and
Laser Center and are protected by the US and international trademark
laws. Except as set forth in the Limited License below, any use of
these assets is prohibited without the express prior written consent
of the Jeffries Eye Clinic, P.A. and Laser Center. In no event may
any such assets be used in connection with any product or service
that is not the property of the Jeffries Eye Clinic, P.A. and Laser
Center, in any matter likely to cause confusion as to the source of
the product or service or in any matter that discredits, disparages
or misrepresents the Jeffries Eye Clinic, P.A. and Laser Center. All
other trademarks, trade names, brand names or logos appearing on
this Website are the property of their respective owners.
5. You Accept a
Limited License. The Jeffries Eye Clinic, P.A. and Laser Center
grants you a limited license to download the material on this website
solely for your personal, noncommercial use. If you violate any
provision of these TOS, your license to use such material terminates and
you must immediately destroy any copies you have made of any portion of
the material.
6. You Agree to
These Restrictions On Your Use of This Web Site.
A. Content: You must
retain all copyright, trademark, service-mark and other proprietary
notices contained in the original web site content on any copy you
make of the web site content. You may not sell or modify the web
site content or reproduce, display, publicly perform, distribute, or
otherwise use the web site content in any way for any public or
commercial purpose. The use of the web site content on any other web
site or in a networked computer environment for any purpose is
prohibited. You shall not copy or adapt the HTML code that the
Jeffries Eye Clinic, P.A. and Laser Center creates to generate any
web site content or the pages making up any Jeffries Eye Clinic,
P.A. and Laser Center web site. It is also protected by the Jeffries
Eye Clinic, P.A. and Laser Center copyright.
B. Security and
Integrity: You are prohibited from violating or attempting to
violate the security of this website, including, without limitation,
(a) accessing data not intended for such user or logging into a
server or account which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to
any user, host or network, including, without limitation, via means
of submitting a virus to the web site, overloading, “flooding”,
“spamming”, “mailbombing” or “crashing”, (d) sending unsolicited
e-mail, including promotions and/or advertising of products or
services, or (e) forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
7. You Agree That
the Jeffries Eye Clinic, P.A. and Laser Center
Is Not Liable For Your Use of this Web Site.
A. No Warranty. ALL
INFORMATION MATERIALS, PRODUCTS AND SERVICES CONTAINED ON THIS WEB
SITE OR PROVIDED THROUGH THIS WEB SITE, INCLUDING ALL TEXT,
GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, COOKIES OR DOCUMENTS, ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE JEFFRIES EYE CLINIC, P.A. AND LASER CENTER AND ITS CONTENT
PROVIDERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE.
B. Limitation of
Liability. IN NO EVENT SHALL THE JEFFRIES EYE CLINIC, P.A. AND LASER
CENTER NOR ANY OF ITS MANAGERS, EMPLOYEES, SUPPLIERS, AFFILIATES OR
AGENTS BE LIABLE FOR ANY DIRECT DAMAGES. IN ADDITION, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE JEFFRIES EYE CLINIC,
P.A. AND LASER CENTER NOR ANY OF ITS MANAGERS, EMPLOYEES, SUPPLIERS,
AFFILIATES OR AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND NOT
LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOST
PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY
ACTION OR CLAIM INCLUDING BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE,
BREACH OF CONTRACT, OR TORT, OR IN ANY WAY CONNECTED WITH USE OF
THIS WEB SITE, THE INABILITY TO ACCESS THIS WEB SITE OR USE OF ANY
MATERIAL, INFORMATION OR SERVICES, OR PRODUCTS, CONTAINED ON, OR
OBTAINED THROUGH THIS WEB SITE.
C. Links to Other
Sites. This web site may from time to time contain links to third
party web sites. These links are provided solely as a convenience to
you and not as an endorsement by the Jeffries Eye Clinic, P.A. and
Laser Center of the contents on such third-party web sites. The
Jeffries Eye Clinic, P.A. and Laser Center is not responsible for
the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on
such third party web sites. If you decide to access linked third
party web sites, you do so at your own risk.
8. DISCLAIMER OF
MEDICAL LIABILITY: You understand and Agree that the Jeffries
Eye Clinic, P.A. and Laser Center does Not Provide Medical Advice or
Endorsements over the internet of on its web site.
A. This web site does
NOT provide medical advice. Unless explicitly stated otherwise, all
content on this web site is the opinion or information of its
author, not the Jeffries Eye Clinic, P.A. and Laser Center. This web
site is intended for use by patients or persons seeking information
about the Jeffries Eye Clinic, P.A. and Laser Center. This web site
is not a substitute for medical advice. Always contact our office
via telephone or in person to make an appointment to be seen by a
doctor or other professional healthcare provider if you have a
question concerning your or your family's eye health.
RELIANCE ON ANY
INFORMATION ON THIS WEB SITE IS AT YOUR OWN RISK. THE JEFFRIES EYE
CLINIC, P.A. AND LASER CENTER IS NOT RESPONSIBLE OR LIABLE FOR ANY
ADVICE, COURSE OF TREATMENT, DIAGNOSIS, DRUG AND DEVICE APPLICATION
OR OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU OBTAIN THROUGH
THIS SITE.
B. The Jeffries Eye
Clinic, P.A. and Laser Center web site does not recommend or endorse
the products or services of others. Referrals are only made in
person, by one of our doctors, at our clinic. The Jeffries Eye
Clinic, P.A. and Laser Center does not recommend or endorse any
specific tests, drugs, devices, products, services, physicians, or
medical institutions that may be mentioned or referenced on this web
site. Any advertisers who purchase banners or otherwise support the
Jeffries Eye Clinic, P.A. and Laser Center and this web site have no
influence on the editorial content or presentation, and any such
advertisements are not implied or express endorsements of any
product, service, or company.
9. You Agree that
the Jeffries Eye Clinic, P.A. and Laser Center
Can Terminate Your Web Site Account. The Jeffries Eye Clinic,
P.A. and Laser Center reserves the right to refuse service and terminate
accounts, including, but not limited to, if the Jeffries Eye Clinic,
P.A. and Laser Center believes user conduct violates applicable law or
is harmful to the interests of the Jeffries Eye Clinic, P.A. and Laser
Center, its members, partners, suppliers, affiliates or other users, or
for any other reason at the sole discretion of the Jeffries Eye Clinic,
P.A. and Laser Center, with or without cause.
10. You Understand
and Agree to the Following General Legal Provisions:
A. Governing Law and
Jurisdiction: These Terms of Service will be governed by Arkansas
law for all purposes, including web site and services use without
regard to or application of choice of law rules or principles. You
hereby consent to the jurisdiction and venue of the courts of
Arkansas.
B. Export Laws: The
U.S. export control laws regulate the export and re-export of
technology originating in the United States. This includes the
electronic transmission of information and software to foreign
countries and to certain foreign nationals. You agree to abide by
these laws and their regulations, including but not limited to the
Export Administration Act and the Arms Export Control Act, and not
to transfer, by electronic transmission or otherwise, any materials
or information derived from this web site to either a foreign
national or a foreign destination in violation of such laws.
C. Indemnification:
You agree to indemnify, defend, and hold harmless the Jeffries Eye
Clinic, P.A. and Laser Center, its owners, doctors, staff, officers,
directors, employees, agents, licensors, suppliers, and affiliates
from and against any claims, actions or demands, liabilities, and
settlements, including but not limited to, reasonable legal and
accounting fees resulting from, or alleged to result from, your
violation of these TOS or any activity related to your account
(including infringement of third parties' worldwide intellectual
property rights or negligent or wrongful conduct) by you or any
other person accessing the Jeffries Eye Clinic, P.A. and Laser
Center web site.
D. Entire Agreement:
These TOS and all other legal notices (including but not limited to
the Privacy Policy) posted on this web site constitute the entire
agreement between you and the Jeffries Eye Clinic, P.A. and
Laser Center with respect to the use of this web site and services.
Your use of this Jeffries Eye Clinic, P.A. and Laser Center web site
and services are also subject to the Jeffries Eye Clinic, P.A. and
Laser Center web site privacy policy. You also may be subject to
additional terms and conditions that may apply when you use
affiliate services, third-party content, or third-party software.
E. Waiver: Our failure
to exercise or enforce any right or provision of the Terms of
Service or other legal notices posted by the Jeffries Eye Clinic,
P.A. and Laser Center on this web site shall not constitute a waiver
of such right or provision. No waiver of any of these Terms of
Service or of any other legal notices posted by the Jeffries Eye
Clinic, P.A. and Laser Center on this web site shall be deemed a
further or continuing waiver of such term or condition or any other
term or condition.
F. Severability: If
any provision of the TOS or of any other legal notices posted on
this web site is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS should remain in
full force and effect.
G. Assignment: The
Jeffries Eye Clinic, P.A. and Laser Center may assign its rights and
duties under this Agreement to any party at any time without notice
to you and/or your approval.
H. Headings: The
section titles in this TOS Agreement are for convenience only and
have no legal or contractual effect.
I. Notices: If you
have questions or comments regarding this Website, please contact us
at our main office:
1-479-756-5500.
