TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY.
This Terms and Conditions of Use Agreement (the “Agreement”) between you and Urban Eye Gallery, LLC dba Eye Department (collectively, the “Companies”), details the terms and conditions of your permitted use of this Web Site www.eyedepartment.com and any scheduling features provided by Eye Department (also referred to as the “Site”). By using this Site, you agree to be bound by this Agreement. If you do not agree to be bound by any, or all, of these terms and conditions, you are instructed not to access or use the Site. Otherwise, your use of the Site will to represent your agreement to be bound by the following terms and conditions.
The Companies reserve the right, in their sole discretion, to revise this Agreement at any time. Any changes will be included in a revised version of this Agreement and these Terms and Conditions accessible through the Site. Your continued use of the Site constitutes your unconditional agreement to be bound by the revised terms. If you do not agree to be bound by the revised terms, you must stop using the Site.
1. GENERAL USE AND LICENSE
This Site and the products and services offered hereunder are intended as a service to our customers and patients only. The Companies grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the Site. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain the Companies’ express written consent to do so.
Your use of this Site is at our sole discretion and your license to use the Site may be terminated by us at any time, for any reason or no reason. We may, in our sole discretion, block or prevent access to and use of the Site, to terminate any user’s account and to alter or delete material submitted through the Site.
2. NO MEDICAL ADVICE
THE CONTENT OF THIS SITE IS PROVIDED BY URBAN EYE GALLERY, LLC DBA EYE DEPARTMENT AS A SERVICE TO THEIR CUSTOMERS AND PATIENTS. THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATION PURPOSES ONLY. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED BY THE PATIENT OR LEGAL GUARDIAN TO URBAN EYE GALLERY, LLC DBA EYE DEPARTMENT.
3. ELECTRONIC COMMUNICATIONS
By accessing, using or creating an account with us, within the site features, you consent to receive communications from us electronically. When you visit the Site or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. The Companies have the right to continue to send such emails until you specifically notify us that you wish to no longer receive emails from the Companies. Although you have the right to opt not to receive promotional messages, we retain the right to send you informational emails about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act of 2003 (15 USC §7701 et.seq.).
4. INTELLECTUAL PROPERTY
The trademarks, logos, service marks, trade dress and domain names (collectively, the “Trademarks “) displayed on the Site are registered and unregistered Trademarks of the Companies and their subsidiaries, as well as other companies. The Companies’ Trademarks may only be used with our express written permission. All trademarks and domain names not owned by the Companies or their affiliates that appear on the Site are the property of their respective owners.
The text, images, graphics, button icons, logos, audio and visual clips, and software (together, the “Material”) of this Site is the property of the Companies, their related entities, or their suppliers, and is specifically protected by copyright laws of the United States of America and International treaties. Your use of this Material is restricted to personal, non-commercial, purposes. The Material may only be reproduced, distributed, transmitted, published, broadcast or otherwise exploited with the express written consent of the Companies.
5. TERMS OF SALE
The Companies are not responsible for any typographical errors or omissions regarding products, prices or other information provided on the Site. The posting of prices is not an offer for the sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm prices until you place an order. The contract for sale of goods between us and a customer is not entered into until we charge a valid credit card. Risk of loss and title to all items purchased pass to the customer upon our delivery to the shipper.
We reserve the right to refuse to sell products to any person if it appears the person or company has violated the terms of this Site, uses an alias, or intends to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
6. DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE COMPANIES DO NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. URBAN EYE GALLERY, LLC DBA EYE DEPARTMENT AS WELL AS ITS OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANIES SHALL NOT UNDER ANY CIRCUMSTANCES, TO THE EXTENT ALLOWED BY APPLICABLE LAW, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO THE USE OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, LOST DATA OR BUSIENSS INTERRUPTION (EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) CAUSED BY, ARISING OUT OF OR AS A RESULT OF THE USE, INABILITY TO USE OR THE RESULTS OF THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED UPON CONTRACT, TORT, STATUTE, COMMON LAW, PRODUCT LIABILITY, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.
7. LINKS TO THIRD PARTY SITES
From time to time, through the Site, the Companies may provide links to other sites or resources and other sites may link to the Site. The Companies have no control over such third party sites and resources. Thus, the Companies are not responsible or liable for any issues relating to such sites or resources and the Companies do not endorse and are not responsible or liable for any content, advertising, products, policies or other materials on or available through or from such sites or resources. The Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products or services available through any such site or resource.
We may elect to electronically monitor areas of the Site and may disclose any Materials, records, or electronic communication of any kind (A) to satisfy any law, regulation, or government request; (B) if such disclosure is necessary or appropriate to operate the Site; or (B) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Materials. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Materials, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Materials from the Site. We may terminate access, or suspend access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
Customers and patients are welcome to submit comments regarding our products and services, including the Site. If you send us comments, suggestions, ideas, materials, notes or other information (collectively,” Submissions”), the Submissions shall be deemed, and shall remain, our property. No Submission shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. We shall exclusively own and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to the provider of the Submissions. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. We do not and are not obligated to review, monitor, delete or edit the Submissions.
10. APPLICABLE LAW AND DISPUTES
By visiting this website, you agree that the laws of the State of Oregon, without regard to principles of conflict of laws, will govern this Site and these Terms and Conditions of Use and any dispute of any sort that might arise between the parties.
Any dispute relating in any way to your visit to this website or to products you purchase through us shall be submitted to arbitration in the State of Oregon, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state of federal court in the State of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or this Agreement must be filed within one year after such claim or cause of action arose. Any claim filed after this date is forever barred.
This Agreement is effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
12. GENERAL INFORMATION
This Agreement constitutes the entire agreement between us (you and us) and governs the use of the Site. 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. Our failure 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 this Agreement remain in full force and effect. Any rights not expressly granted are reserved. The section titles in this Agreement are for convenience only and have no legal or contractual effect.