Terms of Use
THESE TERMS OF USE constitute an agreement ('Agreement') made between C&E Vision Services, Inc. ("C&E") and any person accessing C&E's website ("You") with respect to your use of C&E's website (the "Site"). You agree to abide by all of the terms contained in this Agreement as a condition of your continuing to access, view or use the Site. C&E and You are collectively referred to as the parties.
BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE C&E's PERMISSION TO ACCESS, VIEW, OR USE ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES C&E'S RIGHTS IN THE SITE AND IS PROHIBITED
Site Description
a. Description. The Site is proprietary to C&E and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, C&E agrees to provide You with a personal, non-transferable and non-exclusive right to access, view and use the Site.
b. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which C&E may undertake from time to time; or (iii) causes beyond the control of C&E, whether or not foreseeable.
c. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
Limitations
a. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site.
b. Privacy. When reasonably practicable, C&E will attempt to respect your privacy. C&E will not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless C&E has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of C&E; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of C&E's services or equipment, including the Site as authorized by law. You have no expectation of privacy with respect to the Internet generally or this Site in particular.
c. Nature of Site Content. C&E makes information available on this Site as a service to our members, vendors and other friends for informational purposes only. The materials on this Site are not intended to constitute advice. This Site is not intended to be used as a substitute for specific advice, nor should You consider it as such. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding your particular facts and circumstances.
d. Confidentiality of Information Transmitted to C&E. You also should be aware that if You send messages to C&E (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the C&E home page, such means are not secure, and C&E does not guarantee the confidentiality of such communications. C&E does not agree to accept and/or maintain the secrecy of any unsolicited information you send to C&E. Although C&E makes reasonable effort to read emails that we receive, C&E reserves the rights not to read or respond to any unsolicited communications.
e. Changes. C&E reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made, shall be deemed your acceptance of the changes.
Copyright
The Site is protected by copyright pursuant to US copyright laws, international conventions and other copyright laws. The contents of the Site are only for your personal, informational and noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.
Prohibited Uses
You are solely responsible for any and all of your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses or any other malicious code or program; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from C&E by use of scrapers or other tools; or (f) engage in any other activity deemed by C&E to be in conflict with the spirit or intent of this Agreement.
Termination
This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated. C&E reserves the right, in its sole discretion and without notice, at any time and for any reason, to:
(a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate this Agreement.
Disclaimer
C&E DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS C&E RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY C&E. WHEN YOU LINK TO ANOTHER SITE FROM THIS SITE, YOU LEAVE THIS SITE AND SERVER CONTROLLED BY C&E AND ENTER INTO THE JURISDICTION OF THE LINKED SITE UNDER THE CONTROL OF A THIRD PARTY FOR WHICH C&E HAS NEITHER RESPONSIBILITY NOR CONTROL.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL C&E BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF C&E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL C&E's TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $5.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.
Indemnification
You agree to indemnify, hold harmless and defend C&E, its partners, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out of or relating to: (a) your use of the Site, including any data, work or computations transmitted or received by You; and (b) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4 (c) your use of any Practice Management programs.
Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. C&E has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material in this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims ("Designated Agent").
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Brad Shapiro
C&E Vision Services Inc.
971 Calle Amanecer
San Clemente, CA 92673
Tel: 949.361.4368 ext 120
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
Write to service@cevision.com if you have any questions or comments regarding the terms of use for www.cevision.com.