AGREEMENT BETWEEN USER AND Vision Consultants
The Vision Consultants Web Site is comprised of various Web pages
operated by Vision Consultants.
The Vision Consultants Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Vision Consultants Web Site
constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Vision Consultants reserves the right to change the terms, conditions,
and notices under which the Vision Consultants Web Site is offered,
including but not limited to the charges associated with the use of the
Vision Consultants Web Site.
LINKS TO THIRD PARTY SITES
The Vision Consultants Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Vision
Consultants and Vision Consultants is not responsible for the contents
of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Vision
Consultants is not responsible for webcasting or any other form of
transmission received from any Linked Site. Vision Consultants is
providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Vision Consultants of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Vision Consultants Web Site, you
warrant to Vision Consultants that you will not use the Vision
Consultants Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Vision
Consultants Web Site in any manner which could damage, disable,
overburden, or impair the Vision Consultants Web Site or interfere with
any other party's use and enjoyment of the Vision Consultants Web Site.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for
through the Vision Consultants Web Sites.
USE OF COMMUNICATION SERVICES
The Vision Consultants Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you
to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example, and
not as a limitation, you agree that when using a Communication Service,
you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents.
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Vision Consultants has no obligation to monitor the Communication
Services. However, Vision Consultants reserves the right to review
materials posted to a Communication Service and to remove any materials
in its sole discretion. Vision Consultants reserves the right to
terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
Vision Consultants reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Vision
Consultants's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Vision
Consultants does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Vision
Consultants specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized
Vision Consultants spokespersons, and their views do not necessarily
reflect those of Vision Consultants.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Vision Consultants OR POSTED AT ANY Vision
Consultants WEB SITE
Vision Consultants does not claim ownership of the materials you provide
to Vision Consultants (including feedback and suggestions) or post,
upload, input or submit to any Vision Consultants Web Site or its
associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are
granting Vision Consultants, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Vision Consultants is under no obligation to post or
use any Submission you may provide and may remove any Submission at any
time in Vision Consultants's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Vision Consultants WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. Vision Consultants AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Vision Consultants WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Vision Consultants WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
Vision Consultants AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE Vision Consultants WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. Vision Consultants AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Vision Consultants AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Vision Consultants WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE Vision Consultants WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Vision Consultants WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Vision Consultants WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Vision Consultants OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Vision Consultants WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Vision Consultants WEB SITE.
SERVICE CONTACT : jaydeep@bhattji.com
TERMINATION/ACCESS RESTRICTION
Vision Consultants reserves the right, in its sole discretion, to
terminate your access to the Vision Consultants Web Site and the related
services or any portion thereof at any time, without notice. GENERAL To
the maximum extent permitted by law, this agreement is governed by the
laws of the State of Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in San Mateo County,
California, U.S.A. in all disputes arising out of or relating to the use
of the Vision Consultants Web Site. Use of the Vision Consultants Web
Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Vision
Consultants as a result of this agreement or use of the Vision
Consultants Web Site. Vision Consultants's performance of this agreement
is subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of Vision Consultants's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Vision Consultants Web Site or information
provided to or gathered by Vision Consultants with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Vision Consultants with
respect to the Vision Consultants Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Vision Consultants with respect to
the Vision Consultants Web Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Vision Consultants Web Site are: Copyright © 2023 by
Vision Consultants and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.