I. Acceptance of Terms and Conditions
Use of this Colony Eye Care Website (this “Website”) is governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you (“User”) agree to abide by these terms and conditions. If you as the User of this Website do not agree with any of these terms and conditions please do not use this Website. Using this Website constitutes irrevocable acceptance of all terms and conditions stated below.
II. Ownership / Intellectual Property Rights and Website Administration
1. Ownership
Colony Eye Care owns and claims copyright to all content, images, text, data, trademarks, and non-third party product names (“Content”), with the exception of images and other content that has been licensed through appropriate means. The licensing of such data, images, text, and trademarks remains with the original copyright owner. This agreement includes intellectual property rights in the Content including trademarks and copyrights (“Intellectual Property Rights”). All Content is deemed to be the property of Colony Eye Care, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of Colony Eye Care except as provided in these terms and conditions.
2. Authorized and Prohibited Uses
User may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these terms and conditions and applicable laws. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of Colony Eye Care; provided, however, if the functionality of the Website permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, User may send that particular Content or link to others by e-mail, as indicated. User will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
3. Registration
Colony Eye Care may or may not provide the ability to register for access to this Website. This registration may be a requirement for use of specific portions of the Website. This registration will require the provision of specific identifying details about the user. All details provided by the User, during the registration process are required to be correct, current, and complete. If Colony Eye Care determines that the details of the registration are not correct or falsified, Colony Eye Care will have the right to refuse User access to the Website, or any of its resources, and to terminate or suspend User’s account, if any.
4. Passwords
In situations where registration and subsequent password protection is used to access the Website. User is responsible for maintaining the confidentiality of any password(s) given by the Website or created by User. User is fully responsible for all activities that occur under User’s registration ID and password(s). User agrees to notify Colony Eye Care immediately of any unauthorized use of User’s password(s). Colony Eye Care reserves the absolute right not to issue a password to any person or entity or to suspend the registration / password of any user for any reason that Colony Eye Care deems necessary.
5. Linking
No link shall be made to any page of this Website except a direct link to the top page (http://www.colonyeyecare.com/) without framing. In addition, any link to this Website must be immediately followed by notice to Colony Eye Care via e-mail at webmaster@Colony Eye Care.com. Moreover, in the event Colony Eye Care deems User’s linking practices in relation to this Website to be inappropriate, Colony Eye Care may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of Colony Eye Care relating thereto. Upon notification of Colony Eye Care as provided above, User may link to this Website unless and until Colony Eye Care gives notice that User must discontinue linking to this Website.
6. Authority of Website Administrator
Colony Eye Care may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. Colony Eye Care may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
III. User Requirements and Obligations
1. Compliance
User will comply with all applicable laws in connection with its use of this Website. In addition, User will comply with all restrictions, guidelines, and terms outlined in this Terms of Service.
2. Unsuitable Conduct
User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment or adverse publicity to Colony Eye Care. User will notify Colony Eye Care immediately upon learning of any action that is deemed Unsuitable and will cooperate fully with Colony Eye Care and its agents to correct or remedy damages caused by the conduct.
3. User Cooperation and Notification
User will cooperate with all reasonable requests of Colony Eye Care and will notify Colony Eye Care promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.
4. Third Party Sites and Other Information
From time to time, this Website may contain Content, links, and other information submitted by third parties over whom Colony Eye Care has no control or responsibility. Colony Eye Care has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of Colony Eye Care, and User acknowledges that (whether or not such sites are affiliated in any way with Colony Eye Care) Colony Eye Care is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Colony Eye Care or any association with its operators. Moreover, Colony Eye Care has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.
5. Warranty Disclaimers, Limitations on Liability and Remedies
This Website, its Content, and its links are provided on an “as is” basis and are used only at the sole risk of User, to the fullest extent permissible by law. Colony Eye Care disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software and links), including ANY IMPLIED WARRANTIES as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO user, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Colony Eye Care will not be liable for any damages or losses, including direct, indirect, special, incidental, consequential, or punitive damages and lost profits, in connection with use of the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if Colony Eye Care has been advised of the possibility of such damages. Colony Eye Care will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, The maximum liability of Colony Eye Care will be limited to, in the sole discretion of Colony Eye Care, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by Colony Eye Care from User.
6. Indemnification
User will defend, indemnify and hold harmless Colony Eye Care and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User. s use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.
V. Miscellaneous
1. Separate Terms and Conditions
In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
2. Privacy Policy
Colony Eye Care is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at www.colonyeyecare.com/privacy_policy.html (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these terms and conditions by reference, and constitutes a part of these terms and conditions.
3. Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions (including without limitation the Privacy Policy), Colony Eye Care and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Colony Eye Care has no obligation to become involved in any dispute between a User and any other person. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law principles. Colony Eye Care and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in [Houston, Texas] or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that Colony Eye Care is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision.
4. Modification of Terms and Conditions, Etc.
These terms and conditions and the Privacy Policy referenced herein constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These terms and conditions are subject to change from time to time. Colony Eye Care will endeavor to post a notice of any changes to these terms and conditions for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these terms and conditions occasionally, or at least every thirty (30) days. User’s continued use of this Website subsequent to Colony Eye Care. notice of modification of these terms and conditions shall constitute User’s acceptance of the modified terms and conditions. If any term or provision of these terms and conditions shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these terms and conditions, or the whole of these terms and conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these terms and conditions. User’s obligations pursuant to these terms and conditions shall survive termination of this Website, any use by User of this Website, any Content of User on this Website, or these terms and conditions.
5. Contact Information
If you have any questions regarding these Terms of Use, please contact Colony Eye Care at webmaster@colonyeyecare.com. If you have any questions regarding this Website, please contact Colony Eye Care at webmaster@colonyeyecare.com.