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Copyright © 2018 OE | Physicians. All Rights Reserved.

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Terms of Use

Last Updated August 10, 2018

Welcome, and thank you for your interest in the OE Physicians website, a noncommercial service providing educational information for ophthalmic physicians by Ophthalmic Edge.

This page describes the Terms of Use and Agreement (the “Agreement” or “Terms of Use”) that govern your use of the websites (the “Sites”), products or services (the “Services”), that are made available by and Ophthalmic Edge, as well as its affiliates (collectively “we”, “us” or “our”).

Please read the Terms on this page carefully, as it explains your rights in visiting or using our Site or Services.

 

General Rules and Conditions

The Site is for informational and educational purposes only and is not intended as a substitute for professional medical help, advice, diagnosis, treatment or hands-on training experience.

Use of, or posting of information, images or educational materials on, the Site does not constitute establishment of a physician-patient or clinical relationship with any individual, nor establishment or offer to enter into a business relationship with any medical professional, institution or organization.

We do not endorse any medical or professional service obtained through information provided on this Site or any links to this Site. Use of this Site does not replace medical consultation with a qualified health or medical professional to meet the health and medical needs of yours or others.

Any reliance on any information provided by the Site or individuals using the Site is solely at your own risk. We are not not liable for any adverse events which occur from use of the Site or as a result of any medical conditions you may have.

Information on this Site should never replace the advice of a physician. IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM, OR GO TO YOUR LOCAL EMERGENCY ROOM.

You may view the Terms of Use any time in the footer of the Site. By joining, registering, and/or accessing and using the Services, you indicate that you have read, understand and consent to the Terms of Use.

If you do not agree with the terms and conditions as outlined on this page, you should not access, visit and/or use the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. These Terms are as binding and effective as an agreement in writing.

As a condition of your use of Services, you agree that you will not use the Services for any purpose that is unlawful, or prohibited by these terms, conditions, and notices. You may not use the Services in any manner which could damage, disable, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

We reserve the right to terminate your access to the Services at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Services as a result of Terms and use of the Services. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services provided to or gathered by us with respect to such use.

We may change, add, or modify areas of the Terms of Use at any time. This may include the availability of any feature, content or database related to the Services. Such changes shall become effective immediately upon publishing.

Any time changes are made, we will revise the “Last Updated” at the beginning of this page. Under our Agreement, it is your responsibility to carefully review the Terms of Use, and by continuing to use the Services, you accept any changes or revisions.

Please note that these Terms of Use also apply during your usage of social media that engages with our own social media or where your usage of social media engages with the Services.

 

Privacy

In addition to reviewing the Terms of Use, please also carefully review our Privacy Policy, which describes how we collect, use and share any personal information. Such information also belongs to the Agreement between you and us.

 

Content

The Services and all content contained on the Services, including, but not limited to, text, images, photographs, designs, and computer code (collectively, the “Content”) is owned, controlled or licensed by us, or by the source or party named as the provider of the Content, and is protected by copyright and other intellectual property rights. For the purposes of the Terms, “Content” also includes all User Content (as defined in the following section).

You may use information made available for downloading from the Services for your personal, non-commercial use only, provided you do not remove any copyright or other proprietary notices.

You may not modify, publish, participate in the transfer or sale of, reproduce (except for personal, noncommercial use only), nor create new works from, distribute, display, or exploit, any of the Content or the Services.

We strive for accuracy and seek to remedy any errors in Content, when they come to our attention. With that in mind, we will not be held liable for any delays, errors or omissions in any Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

We do not guarantee that any Content will be made available through our services. We reserve the right to, but do not have any obligation to remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason, or for no reason at all and to remove or block any Content from the Services, as we see fit.

 

User Content

All Content added, created, uploaded, or posted to the Services by users (the “User Content”), whether posted publicly or transmitted privately, is the sole responsibility of the person who produced such User Content.

By using the Services, you are solely responsible for your User Content and represent that the User content is accurate, complete, and in compliance with all applicable laws, rules and regulations. You accept that all Content, including User Content, accessed or consumed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

You shall not upload or otherwise publish to our Services any material that may be considered defamatory, abusive, illegal, or messages that are considered “spam”. Without our explicit approval, you shall not publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

While we are not responsible for the content of these messages, we reserve the right to delete, move, or edit User Content that is considered defamatory, abusive, illegal, in violation of copyright or trademark laws, or otherwise unacceptable.

By submitting User Content, you acknowledge that it shall be deemed the property of Ophthalmic Edge; that such information is not confidential; that it may be displayed and published our Services; that it may be used for any purpose whatsoever, without compensation. User Content may also be republished through other channels, such as RSS feeds.

 

Registration

You may register for an account on the Services (an “Account”). This process will include the creation of login credentials through the selection of a password and providing of an email address. To engage with the Services, you are not required to sign up for an Account. However, specific features of the Services, such as posting to articles on the Site, require you to register for an Account. In doing so, you must provide accurate and complete information.

When selecting or using a username, you shall not choose a name subject to any rights of a person other than you without the appropriate authorization; nor choose a name that is otherwise offensive, vulgar or obscene.

You are solely responsible for all activity that occurs on your Account, including use by any third party authorized by you to use your credentials. You are also responsible for keeping your Account password secure. You may never use another person’s user account for the Services without permission.

Please notify us immediately at info@ophthalmicedge.org of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You have the ability to delete your Account, through a request made to our employees.

 

Links

The Services may contain links to other independent third-party websites. Such links are provided solely as a convenience to users of our Services. We do not control, are not responsible for, and do not endorse the content of such third-party sites. You agree that we shall not be held responsible or liable for any information, software, or materials found at any third-party website.

 

Electronic Notices

You agree to electronic transactions with us. Your act of registering, using or logging into the Services or donating to Ophthalmic Edge indicates your acceptance of these Terms.

We may send electronic notices (the “Notice”) to you via e-mail if you have provided us with a valid email address through Account registration or completion of a donation transaction. The delivery of any Notice is effective when sent by us, regardless of whether you read the Notice or receive delivery of the Notice. You can withdraw your consent to receive Notices electronically by contacting our employees.

 

Trademarks

The trademarks, logos and service marks displayed on our Services are registered or unregistered trademarks by us. Nothing contained on our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on our Services without our written permission.

 

Governing Law and Limitations

You agree that the laws of the state of New York, without regard to conflicts of laws provisions, shall govern these Terms of Use and all matters relating to your access to or use of our Services, including any dispute that may arise between you, us and/or our affiliates.

You agree to the personal jurisdiction and venue in the state and federal courts in Manhattan County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use or otherwise relating to your access to or use of our Services must be brought within one (1) year after the cause of action arises, or such claim or cause is barred.

 

Legal

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be void, unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between you and us with regard to your use of our Services, and supersede all prior and contemporaneous representations, communications, agreements and understandings between you and us with respect to the subject matter hereof.

These Terms of Use cannot be modified or supplemented except in a writing expressly stated for such purpose and signed by you and us. Failure to insist upon strict performance of any provision of these Terms of Use or to exercise any right arising out of these Terms of Use shall not constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance.

LIABILITY DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT INCLUDED IN OR AVAILABLE THROUGH OUR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR SERVICES AT ANY TIME.

ANY ADVICE RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SERVICES, WITH THE DELAY OR INABILITY TO USE OUR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES.

 

How to Contact Us

You may contact us with any questions, concerns or comments in the following ways:

Our postal address is:

Ophthalmic Edge
c/o Dr. Yale Fisher
460 Park Avenue 5th Floor
NY, NY 10022

We can be reached via e-mail at info@ophthalmicedge.org.