Please read through these Terms of Use carefully before you use our Service. The Service includes your use of our print materials, our website (the “Website”), the information included therein (the “Information”), and Boston Vision Center, PLLC (“Boston Vision Center“). The Service is offered to you on the condition that you agree to all the terms, conditions and notices contained herein without any modifications, which includes warranty disclaimers and disclaimers of liability. Boston Vision Center reserves the right to change these Terms of Use from time to time in its sole discretion. In the case of any violation by you of these Terms of Use, Boston Vision Center may terminate your right to use the Service and reserves the right to seek all remedies available by law and in equity for such violations.

Restrictions; Prohibitions on Use

In addition to other restrictions and prohibitions contained herein, your license for access and use of the Website and our Information is subject to the following additional restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Information retrieved there from; (b) use the Website or any materials obtained from the Website to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, or any other commercial distribution mechanism; (c) create compilations or derivative works of any of our Information; (d) use our Information or the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States.

Our policies on email:

Boston Vision Center does not support spamming by our partners and we explicitly prohibit it. If you would like to report an incident of spamming, please contact us. We will investigate and take appropriate action.

We ourselves send out two kinds of emails. Our members may receive: 1. Welcome emails that provide you with your username / password as well as valuable resources. 2. Email newsletters that will contain valuable tips / advice as well as information and links to our trusted partners. You can always opt out of this newsletter so you will no longer receive our newsletter. Please understand you may receive e-mails from our partners who are trying to assist you- you may opt-out at any time from their e-mails.

SMS Messaging

This website, websites linking to this website, and websites linked from this website (collectively “We”) may make available a service either directly or through third parties by which you can receive commercial messages on your wireless device via short message service (“SMS Service”). Your provider’s standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. Data obtained from you in connection with this SMS Service may include your name, address, cell phone number, your provider’s name, and the date, time, and content of your messages. The use of this information will be in accordance with this Mobile Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. You may opt out of the SMS Service at any time by replying “STOP”, “END”, or “QUIT” to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering.

No Affiliation; Waiver of Claims

You acknowledge and agree that Boston Vision Center is not a government agency and is not affiliated with any government agency. The Information provided through the Service is provided solely for informational purposes. The Information is deemed reliable but not guaranteed and should be independently verified. YOU AGREE THAT, IN RETURN FOR PERMISSION TO USE THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS AGAINST Boston Vision Center THAT ARE CONNECTED TO YOUR USE OF THE INFORMATION. We may include information about government agencies, or other websites and businesses in our Information. The inclusion of any such government agencies, or other websites or businesses in our information does not mean that such agencies, websites, or businesses are affiliated with us or endorse our Service.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any of our Information or any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties. You acknowledge and agree that: (i) Information provided through the Service and Website may contain proprietary information that is protected by applicable intellectual property and other laws, and (ii) Information provided through the Service and Website is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Therefore, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Boston Vision Center Service, in whole or in part.

What We Do; No Medical Advice

The Information we provide is not intended to and does not constitute medical advice or assistance, recommendations, or counseling under any circumstance. Although we go to great lengths to make sure our Information is accurate and useful, we recommend you do your own due diligence if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

General Disclaimer

Although Boston Vision Center has made reasonable efforts to provide you with accurate Information, we assume no responsibility for the accuracy (or inaccuracy) of the Information. We PROVIDE THIS SERVICE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. We FURTHER DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOSTON VISION DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS THROUGH THE SERVICE OR ITS WEBSITE OR ITS CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

BOSTON VISION SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE SERVICE AND/OR WEBSITE OR INABILITY TO USE THE SERVICE AND/OR WEBSITE, EVEN IF BOSTON VISION HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES RELATED TO USE OF THE WEBSITE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAW.

Indemnification and Release

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, managers, members, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your use of the Service. Further, you agree to indemnify and hold us and the Affiliated Parties harmless from any liability, loss, claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) your breach of these Terms of Use; (ii) Your willful, reckless, or negligent misconduct, or (iii) claims that you infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You expressly release us and any Affiliated Parties from any claims that you may have due to your use of the Service, whether you are now aware of any such claims, or become aware of such claims in the future (this provision may be subject to possible limitation under state law).

Errors, Corrections and Changes

We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

The Boston Vision Center Website may contain links to third party sites. User accesses these sites at User’s own risk; Boston Vision Center is not responsible for the content, changes, updates, or other links contained in a linked site. Boston Vision Center provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Boston Vision Center of any such site. Your access or use of any third party sites is at your own risk. Any third party desiring to link to our Website must link to the Website’s home page of Boston Vision Center. No one may link to any other page of our Website without our prior written consent.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between user and Boston Vision Center as a result of user’s use of the Service.

Governing Law

User’s use of the Service and any claims related to it are governed by the laws of the State of Illinois without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in Illinois and user waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.

Miscellaneous

We are not a government agency, nor are we affiliated with a government agency. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Any cause of action by you with respect to any claim you may have against us must be instituted within one (1) year after the cause of action arose or shall be forever waived and barred. All actions shall be subject to the limitations set forth herein. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms of Use shall survive any termination of this agreement. The language contained herein shall be interpreted as to its fair meaning and not strictly for or against you or us.

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