{"id":2656,"date":"2024-04-03T17:42:06","date_gmt":"2024-04-03T17:42:06","guid":{"rendered":"https:\/\/www.miramareye.com\/?page_id=2656"},"modified":"2024-04-03T17:45:07","modified_gmt":"2024-04-03T17:45:07","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.miramareye.com\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\r\n
Last Updated: January 28, 202<\/a>4<\/em><\/p>\r\n\r\n\r\n\r\n THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND NVISION AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. YOU HAVE THE RIGHT TO OPT OUT. VIEW THESE TERMS IN SECTION 9 OR CLICK <\/u><\/em><\/strong>HERE<\/a><\/strong><\/em>.<\/u><\/em><\/strong><\/p>\r\n\r\n\r\n\r\n The following Terms and Conditions informs you of the terms, conditions, disclaimers, notices, policies, and agreements (collectively, \u201cTerms<\/strong>\u201d) which set forth the basic rules that govern your access and use of services owned or operated by Laser Eye Care of California, LLC dba NVISION\u00ae and its affiliates (collectively \u201cNVISION<\/strong>,\u201d \u201cwe<\/strong>,\u201d \u201cus<\/strong>,\u201d or \u201cour<\/strong>\u201d) and our parent, subsidiaries and affiliates, including websites located at https:\/\/furlongvision.com\/\u00a0and any other websites linked to these Terms (collective, the \u201cSite(s)<\/strong>\u201d).<\/p>\r\n\r\n\r\n\r\n YOUR CONTINUED ACCESS AND USE OF THE SERVICES ARE CONDITIONAL ON YOUR ACCEPTANCE OF AND CONTINUED COMPLIANCE WITH THE TERMS AND CONDITIONS SET OUT BELOW. Please read these Terms and any other agreements referenced in this document carefully. If you do not agree to be bound by these Terms, you may not use or access the Sites.<\/p>\r\n\r\n\r\n\r\n Click on the links below to jump to that section of the Terms<\/em>\u00a0.<\/em><\/p>\r\n\r\n\r\n\r\n TABLE OF CONTENTS<\/strong><\/p>\r\n\r\n\r\n\r\n Representation and Age Restriction<\/u><\/em>. When you use our Sites, you represent and warrant that: (a) the information and details you submit to the Sites are true and correspond to reality; (b) your use of the Sites does not violate any applicable law or regulation. You affirm that you are at least 18 years<\/a> of age and a \"natural person\" in your country of residence, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set for in these Terms, and to abide and comply with these Terms.<\/p>\r\n\r\n\r\n\r\n General Informational Purposes Only<\/u><\/em>. NVISION provides the Sites and the information on it for general informational purposes only. Contents (defined below) on our Sites are not intended to provide medical advice or legal advice. None of the Contents may be relied upon by any person for any medical, diagnostic or treatment reasons whatsoever. None of the materials presented here may be relied upon by any person for any purpose other than informational purposes without the express written consent of NVISION. No one accessing or reviewing any Content or information accessible through our Sites should act or refrain from acting on the basis of such Content or information, without first consulting with and engaging a qualified, licensed physician, authorized to practice medicine in such person\u2019s particular jurisdiction, concerning the particular facts and circumstances of the matter at issue. NVISION disclaims any liability for any injury or other damages resulting from the review or use of the Contents or information obtained from our Sites. Any information on the Sites about prior results attained by NVISION or its physician providers is not a guarantee or warranty that a similar outcome will be achieved.<\/p>\r\n\r\n\r\n\r\n No Physician-Patient Relationship<\/u><\/em>. Operation of our Sites is not intended to form, and will not create, an physician-patient relationship. Any person who accesses information from our Sites or who unilaterally communicates any information to us or any of our physician providers through the Sites, by e-mail or otherwise, is not considered to be a client or prospective client of NVISION. As such, no physician-patient relationship exists between any such person and NVISION and NVISION does not owe such a person any professional duties that would ordinarily be owed to a patient or a prospective patient, including without limitation any duty of confidentiality. Further, operation of our Sites does not guarantee that the NVISION or any of our physician providers is willing to consider or discuss entering into a physician-patient relationship with any particular individual.<\/p>\r\n\r\n\r\n\r\n While using the Sites, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited<\/em><\/strong> from:<\/p>\r\n\r\n\r\n\r\n Our Intellectual Property Rights<\/span><\/strong><\/p>\r\n\r\n\r\n\r\n All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (\u201cContent<\/strong>\u201d) are protected intellectual property of, or used with permission or under license by NVISION. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved.<\/p>\r\n\r\n\r\n\r\n Subject to your compliance with these Terms, we grant you a limited license to access and use the Sites and their Content for personal and informational purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms, and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by NVISION, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Sites or the Content. We reserve the right to refuse access to Sites at our discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.<\/p>\r\n\r\n\r\n\r\n We may provide you with features or channels to submit your inquiry or feedback to us. You are responsible for any information or content that you send to us, or transmit through our Sites (\u201cUser Content<\/strong>\u201d). You agree, represent and warrant that you have all rights necessary to submit the User Content and you hereby grant to NVISION a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, worldwide, fully sublicensable and unrestricted right and license to use, copy, display, public, modify, remove, publicly perform, translate, create derivative worlds, distribute, and\/or otherwise use such User Content. You shall not upload, post or otherwise make available on or through our Sites any User Content protected by copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.<\/p>\r\n\r\n\r\n\r\n It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (\u201cDMCA<\/strong>\u201d). If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to marketing@nvisioncenters.com<\/a> with the Subject Line \u201cDMCA Notice\u201d, and include the following:<\/p>\r\n\r\n\r\n\r\n We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user\u2019s access to and use of our Sites if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of NVISION or others.<\/p>\r\n\r\n\r\n\r\n THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITES WILL MEET USERS\u2019 REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NVISION ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.<\/p>\r\n\r\n\r\n\r\n WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, NVISION, ITS PARENT AND AFFILIATED ORGANIZATION, AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITES OR IN CORRESPONDENCE WITH NVISION OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITES ARE PROVIDED BY NVISION \u201cAS IS\u201d, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH<\/a> IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND NVISION OR ITS LICENSORS OR SUPPLIERS.<\/p>\r\n\r\n\r\n\r\n YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES: (1) THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES; AND (3) THAT NVISION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK<\/a> OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND\/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVISION\u2019<\/a> TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED TEN DOLLARS<\/a>. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NVISION, ITS PARENT\u2019, AFFILIATES\u2019, AGENTS\u2019, LICENSORS\u2019 AND SUPPLIERS\u2019 DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.<\/p>\r\n\r\n\r\n\r\n You agree to defend, indemnify and hold NVISION and its directors, officers, employees, agents or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys\u2019 fees, arising directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Sites; or (iii) the User Content or other information you provide to us through the Sites. NVISION reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NVISION\u2019<\/a> defense of such claim.<\/p>\r\n\r\n\r\n\r\n PLEASE READ THIS SECTION CAREFULLY \u2013 IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL<\/a> RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.<\/strong><\/p>\r\n\r\n\r\n\r\n These Terms apply to you starting on the date you first access or use the Sites and continue until we terminate the Terms, or until you stop using our Sites.<\/p>\r\n\r\n\r\n\r\n In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Sites or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; and (iii) we may delete or disable access to any of your User Content at any time. You agree that if your use of the Sites is terminated pursuant to these Terms, you will not attempt to use our Sites under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Sites after termination will be a violation of this section, which survives any termination.<\/p>\r\n\r\n\r\n\r\n The provisions of these Terms concerning protection of intellectual property rights, prohibited use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.<\/p>\r\n\r\n\r\n\r\n We reserve the right to modify these Terms, at any time without prior notice, at our sole discretion. We will use reasonable efforts to notify you of such changes. However, it is your responsibility to check the \u201cLast Updated\u201d legend at the top of this page periodically to see when these Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this web page unless otherwise noted. If we modify these Terms materially, to the extent permissible under applicable law, such modification will be effective upon the earlier of (i) your first use of the Sites with actual notice of such change, (ii) thirty (30) days<\/a> from the posting of such change. We may send you notice of the updated Terms at our sole discretion, and the manner of the notification may include, for example, email, posted notice on the Sites, or another reasonable manner. Your continued access and use of the Sites following any such change constitutes your acceptance to be bound by the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to it. Since our Sites are evolving over time, we may also change or discontinue all or any part of the Sites, at any time and without notice.<\/p>\r\n\r\n\r\n\r\n These Terms will identify the date of the last update. \u201cDisputes\u201d means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.<\/p>\r\n\r\n\r\n\r\n Any questions, complaints, or claims regarding our Sites should be directed to marketing@nvisioncenters.com<\/a>.<\/p>\r\n","protected":false},"excerpt":{"rendered":" Last Updated: January 28, 2024 THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND NVISION AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS... read more<\/a><\/p>\n","protected":false},"author":65,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"yoast_head":"\n\r\n
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