Terms
of Use and Privacy Policy
C&H Contact Lens, Inc.
www.chcontacts.com
and
www.macrolens.com
Use
of this Web Site is governed by this Terms of Use Agreement.
C&H
Contact Lens, Inc. does not provide medical or legal advice.
C&H
Contact Lens, Inc. 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, and services (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 C&H Contact Lens, Inc., 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. C&H
Contact Lens, Inc. and this web site does 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. C&H Contact Lens, Inc. does not assume responsibility,
control, or endorse the content or advice on documents linked from outside
this web site.
All legal
questions and concerns should be presented to an attorney. This C&H Contact
Lens, Inc. web site includes Content provided by others. Any opinions, advice,
statements, or other information expressed or made available are not those
of C&H Contact Lens, Inc.
YOU
ACKNOWLEDGE THAT YOUR USE OF THIS C&H Contact Lens, Inc. 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 C&H Contact Lens,
Inc. is of an educational/informational nature. C&H CONTACT LENS,
INC. TAKES NO RESPONSIBILITY FOR THE CONTENT AND EFFICACY OF ANY DYNAMIC LINKS.
We assume no liability and absolve ourselves of the responsibility for any
decisions which are based on or derived thereof which are the sole responsibility
of the user(s) who with regard to decisions made or not made based on having
visited the C&H Contact Lens, Inc. web site.
Prohibited
Conduct.
C&H Contact Lens, Inc. shall have no liability or responsibility to You
with respect to its performance or nonperformance of these activities. By
using this web-site, You agree that You will not transmit, link, post or store
Content or other information or communications in or on C&H Contact Lens,
Inc. web site, including but not limited to web pages, links, chat rooms,
or other locations ("postings") that:
•
libel, defame, abuse or threaten others;
•
contain bigoted, hateful or racially offensive Content;
•
advocate illegal activity or discuss illegal activity with the intent to commit
these crimes;
•
include vulgar, obscene, indecent or sexually explicit language or images;
•
harass, threaten, embarrass or cause distress, unwanted attention or discomfort
to another user or other person or entity;
•
impersonates any person, including but not limited to, a C&H Contact Lens,
Inc. 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;
•
disrupt the normal flow of dialogue in a chat room or otherwise act in a manner
that negatively affects other users, individuals or entities;
•
create or perpetuate chain letters or pyramid schemes,;
•
violate any operating rule, policy or guideline of any other interactive service;
•
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;
•
contain unauthorized copies of copyrighted photographs, drawings, graphics,
text or other writings, computer programs or other software, recordings video,
animation, music or designs;
•
infringe upon the rights of any third party, including copyright, trademark,
trade dress, patent, privacy or other intellectual, personal or proprietary
rights.
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, C&H Contact Lens, Inc.
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.
Copyright.
All Content included on this web site is copyrighted by C&H Contact Lens,
Inc., its licensors, its suppliers, or as indicated, and is protected by U.S.
and international copyright laws. The web site's arrangement, assembly, and
overall incorporation of the Content is the exclusive property of C&H
Contact Lens, Inc. and is protected by U.S. 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 individual education
or 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 republication, modification, or distribution
for any commercial purpose without prior written approval from C&H Contact
Lens, Inc. For permission to use copyright and/or trademark material including
but not limited to Content, please contact C&H Contact Lens, Inc. at info@chcontacts.com
or by calling (214) 358-4433.
Trademarks.
C&H Contact Lens, Inc. and its logo and other graphics used on this web
site are the trademarks and service marks of C&H Contact Lens, Inc. ("C&H
Contact Lens, Inc. TRADEMARKS"). C&H Contact Lens, Inc. TRADEMARKS
may not be used by any third party in any manner, including but not limited
to that which disparages or discredits C&H Contact Lens, Inc.. 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.
Indemnification.
You agree to defend, indemnify and hold harmless C&H Contact Lens, Inc.,
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. C&H Contact
Lens, Inc. 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.
Limitation
of Liability and Warranty.
IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THIS WEB SITE YOU AGREE THAT
IN NO EVENT WILL C&H Contact Lens, Inc. 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 C&H Contact Lens, Inc. 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 C&H
Contact Lens, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes
to the Terms of this Agreement.
C&H Contact Lens, Inc. may modify this Agreement at any time. C&H
Contact Lens, Inc. will give notice of such changes to You by means of a general
notice when you enter C&H Contact Lens, Inc. 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 C&H Contact Lens, Inc. web site shall
be deemed acceptance of such changes. You are responsible for all charges
associated with your use of this web site.
Non-Transferability.
This Agreement is personal to You and is non-exclusive, non-assignable and
non-transferable.
Choice
of Law and Arbitration.
This Agreement will be governed by and construed in accordance with the laws
of the State of Texas. 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 C&H Contact Lens, Inc., or such other location as
C&H Contact Lens, Inc. 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 C&H Contact Lens, Inc., 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.
Privacy
Policy
C&H Contact Lens, Inc. will not disclose to an unaffiliated
third party your name, address, phone number, credit card, debit card, banking
information, electronic funds transfer information, email or alias email 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
or court order to release such information.
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.
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.
Patient Disclaimer
PUBLIC DISCLAIMER:(1) - C & H makes no promises,
guarantees or warranties, express or implied, of ANY referrals found at www.chcontacts.com
and www.macrolens.com. (2) - ANY referrals found at www.chcontacts.com and
www.macrolens.com., ARE NOT and SHOULD NOT be considered as a recommendation
or endorsement by C & H Contact Lens, Inc. It is the sole responsibility
of the eyecare patient, to seek out an eyecare practitioner of his or her
choice. (3) - By using the "Find A MacroLens® Doctor" (macdocs.htm)
web page to locate an eyecare professional in your area that fits the MacroLens®
contact lens, you release all liability from C & H Contact Lens, Inc.
- Dallas, Texas, 75229, and you have agreed to this disclaimer.
Practitioner's Disclaimer
PRACTITIONER'S DISCLAIMER: (1) - C & H makes
no promises, guarantees or warranties, express or implied, of any amount of
referrals, sales or any gain by business or company of practitioner. (2) -
Practitioner, business or company takes responsibility to review and update
any information and/or content of the web page and or/links.