Welcome to OphthoQuestions.com. Ophtho Questions LLC and/or its affiliates ("OphthoQuestions™") provide website features to you subject to the following conditions. If you visit OphthoQuestions.com, you accept these conditions. Please read them carefully. If you do not accept these conditions, do not use OphthoQuestions.com.
When you visit OphthoQuestions.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OphthoQuestions™ or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of OphthoQuestions™ and protected by U.S. and international copyright laws. All software used on this site is the property of OphthoQuestions™ or its software suppliers and protected by United States and international copyright laws.
OphthoQuestions™, OphthoQuestions.com, and other OphthoQuestions.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of OphthoQuestions™ in the U.S. and/or other countries. OphthoQuestions™' trademarks and trade dress may not be used in connection with any product or service that is not OphthoQuestions™', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OphthoQuestions™. All other trademarks not owned by OphthoQuestions™ that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OphthoQuestions™.
LICENSE AND SITE ACCESS
OphthoQuestions™ grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of OphthoQuestions™. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OphthoQuestions™. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OphthoQuestions™ without express written consent. You may not use any meta tags or any other "hidden text" utilizing OphthoQuestions™' name or trademarks without the express written consent of OphthoQuestions™. Any unauthorized use terminates the permission or license granted by OphthoQuestions™. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of OphthoQuestions.com so long as the link does not portray OphthoQuestions™, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any OphthoQuestions™ logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use OphthoQuestions.com only with involvement of a parent or guardian. OphthoQuestions™ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. OphthoQuestions™ is designed for single user use only. OphthoQuestions™ reserves the right to shut down any accounts that are used by multiple people, in order to preserve the integrity of the performance statistics.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OPHTHOQUESTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OPHTHOQUESTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPHTHOQUESTIONS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPHTHOQUESTIONS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM OPHTHOQUESTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPHTHOQUESTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE CONTENTS OF THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. IN CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting OphthoQuestions.com, you agree that the laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and OphthoQuestions™.
Any dispute relating in any way to your visit to OphthoQuestions.com or to products or services sold or distributed by OphthoQuestions™ or through OphthoQuestions.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000 shall be adjudicated in any state or federal court in Maui County, Hawaii, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern your visit to OphthoQuestions.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
LIMITATION OF SCOPE
Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND OPHTHOQUESTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and OphthoQuestions™ agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.