CONSUMER TERMS OF USE AND CONDITIONS AGREEMENT
Description
Eyedocfinder.comTM is a searchable database of eye care providers information
owned and operated by HealthLine Systems, A California
Corporation. Eyedocfinder.com is operated by HealthLine Systems
in the state of California and by interacting with this website, any user herein
in purposefully availing himself or herself of a California based Internet
service subject to the procedural and substantive laws of California. The
information maintained in this website is intended to help consumers locate
eye-related resources and information. Any decision to use a healthcare provider
included in this database is solely the responsibility of the consumer.
Information contained in this website is provided by the participants and is
subject to change. We recommend that the consumer verify the information with
the providers. While we make efforts to verify the accuracy of information no
warranty is given or implied.
Acceptance of Terms
Eyedocfinder.com provides its service to you, subject to the following terms of
use and conditions, which may be updated by Eyedocfinder.com from time to time
without notice to you. Use of this website and specifically your clicking on the
box entitled "I Agree" below indicates your agreement to be bound by
these terms of use and conditions.
Representation
Eyedocfinder.com makes no representations concerning the quality of medical care
or level of professional skills of any individual provider. Eyedocfinder.com
accepts no liability for any costs incurred or damages suffered by the consumer
as a result of the use of this website. Inclusion of any particular healthcare
provider in this website does not imply an endorsement of any kind, express or
implied. Information contained on this website should not be substituted
for care provided by a qualified medical professional. Consumers should consult
their physician or other medical care providers for advice, diagnosis and
treatment.
Limitation of Liability
You expressly understand and agree by clicking on the box entitled "I
Agree" below that Eyedocfinder.com shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but
not limited to, damages for injury to person or property, loss of profits, good
will, use of data or other intangible losses resulting from:
(a) The use of the inability to use this service;
(b) Any goods, data, information or service purchased or obtained or
transactions
entered
into through or from this service, including but not limited to alleged
or
actual inaccuracies in such goods, data, information or service;
(c) Unauthorized access to or alteration of your transmissions or data;
(d) Statements of conduct of any third party not affiliated with
Eyedocfinder.com; and
(e) any other matter related to the service.
Indemnification
You agree to indemnify, reimburse, defend and hold harmless Eyedocfinder.com
and its officers, trustees, affiliates, employees and agents from and against
any and all claims, demands, causes of action, loss, investigations,
proceedings, damages, penalties, fines, expenses and judgments, including
reasonable attorney’s fees (collectively "Damages") incurred or
suffered by you, either directly or indirectly, arising out of any use of
Eyedocfinder.com.
Resolution of Disputes
The terms of this agreement and the relationship between you and
Eyedocfinder.com shall be governed by the laws of the State of California
without regard to its conflict of law provisions. By clicking on the box
entitled "I agree" below, you and Eyedocfinder.com agree to submit to
the exclusive personal jurisdiction of the courts located within the County of
San Diego, California. The failure of Eyedocfinder.com to exercise or enforce
any right or provision of this agreement shall not constitute a waiver of such
right or provision. If any provision of this agreement 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 agreement remain in full force
and effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of a related use of Eyedocfinder.com or
this agreement must be filed with one (1) year after such claim or such cause of
action arose, or the claim will be forever barred.
Copyright
This website is owned and operated by HealthLine Systems.
No material from Eyedocfinder.com or any website owned, operated, licensed, or
controlled by HealthLine Systems may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single computer for your
personal, noncommercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of HealthLine
Systems' copyright and other proprietary rights. For purposes of these terms
of use and conditions, the use of any such material on any other Web site or
networked computer environment is prohibited. All trademarks, service marks, and
trade names are proprietary to HealthLine Systems, Inc. You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purpose, any portion of this service, use of the service or access to
the service.
Disclaimer of Warranties
You expressly understand and agree that your use of Eyedocfinder.com is at your
sole risk. The service is provided on an "as is" and "as
available" basis and Eyedocfinder.com expressly disclaims all warranties of
any kind, whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement.
Links
This site includes links to other Internet sites. Eyedocfinder.com does not
control or guarantee and information regarding these links, and disclaims any
express or implied representations or warranties about the accuracy, relevance,
timeliness, completeness, or appropriateness for a particular purpose of the
information or the resources contained on these or any other Internet sites.
Eyedocfinder.com is not responsible for the availability of such Internet sites
and does not endorse and is not responsible for the availability of such
Internet sites and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Eyedocfinder.com
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by on in connection with use of or reliance
on any such content, goods or services available on or through any such Internet
site or resource. By clicking on the box entitled "I Agree" below, you
hereby agree to be bound by all of the foregoing terms and provisions of this
Consumer Terms of Use and Conditions Agreement.