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TERMS OF USE AGREEMENT

Use of this web site is governed by this terms of use agreement. VSRN does not provide medical or legal advice.

Your Responsibilities
The Vision Surgery Rehab Network, NFP, (“VSRN”) owns and operates this web site, and provides you with the information, communications, links, software, animation, photos, video, graphics, icons, images, logos, music, sounds and other material, resources, products, services, and information provided by third parties (collectively, the “content”) herein for your personal education only.

The content contained on this web site or content that is electronically transmitted to you or obtained by you through VSRN, including any other web site linked to this web site, is not legal or medical advice, medical diagnosis or treatment, or recommendation for medical care or treatment. VSRN and this web site do not directly or indirectly practice medicine or law, or dispense medical advice, care, diagnosis, or treatment.

All medical questions or concerns about a medical condition, care, diagnosis or treatment should be presented to a medical physician, health care provider, or health care professional. VSRN does not assume responsibility, control, or endorse the content or advice on this web site. Any statements posted to our Bulletin Board of a medical nature by anyone representing themselves as a medical professional are of a dynamic nature, and as such, are not the responsibility of the Vision Surgery Rehab Network, NFP, and such postings are not to be considered as medical advice, as no formal patient-doctor relationship exists.

All legal questions and concerns should be presented to an attorney.

This VSRN web site includes content provided by third parties (“third party information”). Any opinions, advice, statements, or other information expressed or made available as third party information are not those of VSRN.

YOU ACKNOWLEDGE THAT YOUR USE OF THIS VSRN WEB SITE, AND THE CONTENT THEREIN, IS AT YOUR SOLE RISK, AND THAT YOU ASSUME AND ACCEPT FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY USE OR RELIANCE UPON THE CONTENT.

All fixed and hard-coded information found on the web site of the Vision Surgery Rehab Network, NFP, is of an educational or informational nature. WE TAKE NO RESPONSIBILITY FOR THE CONTENT AND EFFICACY OF ANY DYNAMIC STATEMENTS (POSTED FROM THE INTERNET) TO OUR BULLETIN BOARD. We assume no liability and absolve ourselves of the responsibility for any decisions that are based on, or derived thereof, which are the sole responsibility of the user(s) with regard to decisions made or not made based on having visited the VSRN web site.

1. Prohibited Conduct. VSRN shall have no liability or responsibility to you with respect to its performance or non-performance of these activities. By using this web site, you agree that you will not transmit, link, post or store personal anecdotal or other information or communications in or on the VSRN web site, including but not limited to web pages, links, chat rooms, or other locations (“user postings”) that:
a. libel, defame, abuse or threaten others;
b. contain bigoted, hateful or racially offensive content including but not limited to postings that discuss or imply violence;
c. advocate illegal activity or discuss illegal activity with the intent to commit these crimes;
d. include vulgar, obscene, indecent or sexually explicit language or images;
e. harass, threaten, embarrass or cause distress, unwanted attention or discomfort to another user or other person or entity; 
f. impersonates any person, including but not limited to, a VSRN official or an information provider, forum leader, guide or host, or communicate under a false name or a name that You are not entitled or authorized to use; 
g. disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other users, individuals or entities; 
h. create or perpetuate chain letters or pyramid schemes; 
i. violate any operating rule, policy or guideline of any other interactive service; 
j. intentionally or unintentionally violates any applicable local, state, national or international law or ordinance, including but not limited to any regulations having the force of law; 
k. contain unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings video, animation, music or designs; 
l. infringe upon the rights of any third party, including copyright, trademark, trade dress, patent, privacy or other intellectual, personal or proprietary rights.

2. Disclaimer of Warranty. THE CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, AVAILABILITY, USEFULNESS, QUALITY, CURRENCY, OR RELIABILITY OF CONTENT ON OR IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO WEB PAGES, BANNER ADS, LINKS, OR OTHER LOCATIONS. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VSRN DISCLAIMS AND EXCLUDES ALL WARRANTIES WITH RESPECT TO ALL CONTENT, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3. Copyright. The original content included on this web site is copyrighted by VSRN, its licensors, its suppliers, or as indicated, and is protected by US and international copyright laws. Content and information provided by third parties and available on this web site as third party information may be copyrighted by the owner of such third party information, and may be protected by US and international copyright laws. The web site’s arrangement, assembly, and overall incorporation of the content is the exclusive property of VSRN and Different by Design Graphic Communications, and is protected by US and international copyright laws. You may download, print, transfer, copy, or distribute the content on this web site, or use this web site in any manner for your  personal educational or personal research, provided that proper copyright notice is affixed to each copy downloaded, printed, copied, or transmitted. In no event may the content be used, including, but not limited to re-publication, reproduction, modification, or distribution for any commercial purpose without prior written approval from VSRN. For permission to use copyright and/or trademark material, including but not limited to content, please contact VSRN at info@visionsurgeryrehab.org, or by calling 877-666-VSRN (8776). See “copyright information notice and statement regarding fair use” link for more information. 

4. Trademarks. VSRN and its logo and other graphics used on this web site are the trademarks and service marks of VSRN (“VSRN trademarks”). VSRN trademarks may not be used by any third party in any manner, including but not limited to that which disparages or discredits VSRN. All other trademarks and service marks that appear on this web site, including, but not limited to third-party names and hyperlink text, are the property of their respective owners.

5. Indemnification. You agree to defend, indemnify and hold harmless VSRN and its agents, affiliates, board members, officers, directors, and content providers, from any claims and expenses--including but not limited to attorney’s fees--from any claim which may arise from or in connection with your act or omission under the terms and conditions of this agreement. VSRN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall have no further obligation to provide indemnification for such matter.

6. Limitation of Liability and Warranty. IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THIS WEB SITE YOU AGREE THAT IN NO EVENT WILL VSRN OR ANY OTHER PARTY INVOLVED IN PROVIDING, CREATING, PRODUCING, SPONSORING, OR DELIVERING THIS WEB SITE, OR ANY WEB SITE LINKED TO THIS WEB SITE, BE LIABLE TO YOU FOR ANY REASON. 

IN NO EVENT SHALL VSRN OR ITS AGENTS, AFFILIATES, BOARD MEMBERS, DIRECTORS, OFFICERS OR CONTENT PROVIDERS BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MALPRACTICE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, EVEN IF VSRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Changes to the terms of this agreement. VSRN may modify this agreement at any time. VSRN will give notice of such changes to you by means of a general notice when you enter VSRN’s web site, by electronic mail to your e-mail address, or by written communication sent by regular mail to your address. Your continued use of VSRN’s web site shall be deemed acceptance of such changes. You are responsible for all charges associated with your use of this web site. 

8. Non-transferability. This agreement is personal to you and is non-exclusive, non-assignable and non-transferable. 

9. Choice of law and arbitration. This agreement will be governed by and construed in accordance with the laws of the state of Illinois. All disputes and claims relating to or arising out of this agreement and any other claims or causes of action relating to your use of the content shall be settled totally and finally by arbitration in a facility closest to VSRN, or such other location as VSRN prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration, the proceedings therein and results therefrom shall be confidential. If you file a claim or counterclaim against VSRN, you shall do so on an individual basis and not with any other user or third party as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may, if appropriate, be reduced to a judgment in a court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of this agreement. 

10. Privacy. VSRN will not disclose to an unaffiliated third party your name, address, phone number, credit card, debit card, banking information, electronic funds transfer information, e-mail or alias e-mail address, navigational (what sites you look at), transactional (what items you purchase) information or other specific personal identifying information, without Your express written permission in advance, unless directed by a search warrant, subpoena or court order to release such information. 

11. If any provision of this agreement is held to be illegal or unenforceable, then the provision shall be eliminated or limited to the minimum extent necessary and the remainder of the agreement (including any revised portion of the agreement) shall remain and have full force and effect.

12. This agreement, including any attachments annexed hereto, sets forth the entire agreement between the parties on this subject and supersedes all prior negotiations, understandings, and agreements between the parties concerning the subject matter. No amendment or modification hereof shall be binding unless in writing and duly executed by both parties. 

13. Responses posted by Bulletin Board doctors do not constitute a legal patient-doctor relationship. There is no warranty, implied or otherwise, in any of the information given by the doctors. Responses from the doctors do not supplant personalized medical care by a doctor of optometry or ophthalmologist. Doctors responding are not liable for damages resulting from use of information provided in their responses. Doctors CANNOT make diagnoses or recommend treatments without an exam. Do not use this site for emergency services. Call your physician immediately or 911 in an emergency. The information provided on VSRN is for educational purposes only and is not a substitute for professional medical advice. Please review the VSRN terms of use Agreement. Nothing on this web site, or the use thereof, is intended to be used for, or replace, the advice of a doctor, medical diagnosis or treatment. Always seek the advice of your physician or other qualified health provider before starting any new treatment, or when you have any questions regarding a medical condition. The VSRN web site and its health-related information and resources are not intended and must not be taken to be the rendering, or practice of medical, nursing, or professional health care advice or services in any jurisdiction.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER VSRN NOR BULLETIN BOARD DOCTORS ARE RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE VSRN WEB SITE OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOUR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON VSRN OR ITS SOFTWARE. The web site and all software are provided “as is.” We make no representations or endorsement about the suitability of software, products and services or the timeliness or accuracy of the information available through VSRN for any purpose. Nor does VSRN warrant that the functions contained in the software will meet your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected.

VSRN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE OR SOFTWARE. While VSRN attempts to keep the information and resources available on this site both timely and accurate, VSRN does not warrant the accuracy, reliability, completeness or correctness, timeliness or usefulness of any opinions, advice, software, services, merchandise or other information provided through this web site or on the Internet generally, or that VSRN or its software will meet your requirements.