Effective Date: October 14, 2014
SPARTAN VISION MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IN THE EVENT SPARTAN VISION MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older, or if between 13-17 have parental consent, and that you are not a bot, script, or other computer or machine, excluding search engine spiders that comply with Spartan Vision’s robots.txt file. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
Spartan Vision is a global management consulting firm and a leading advisor on business strategy for the optical industry and vision care community. Spartan Vision is a mere service provider and makes no representation as to the value, quality, reliability, safety or authenticity of any third party service or product listed on the Website or as to the effectiveness, adequacy, accuracy, availability, prices, or legality of the information contained on or offered through the Website.
It is not the intention of Spartan Vision to provide medical advice, including diagnosis and treatment related to optical/vision symptoms, complications or health. Rather, the material contained on this Website is for informational purposes only. The information should not be considered complete or up to date, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of licensed doctor, physician (including, without limitation, optometrist and ophthalmologist) or other qualified health care provider. Spartan Vision does not recommend or endorse any specific treatment, tests, physicians, products, procedures, opinions, or other information on the Website, regardless of its highlighting or other means of prioritizing or identifying answers or information from certain users. Your reliance upon any information provided by Spartan Vision, Spartan Vision contractors and employees, if any, others appearing on this Website at invitation by Spartan Vision, or other visitors or users of this Website is solely at your own risk. Specific medical advice will not be provided, and Spartan Vision urges you to consult with a qualified doctor, physician or medical professional for diagnosis and for answers to your health-related, including specifically optical/vision, questions. Nothing contained in the Website is intended to be for medical diagnosis or treatment. Spartan Vision cannot diagnose, treat, cure or prevent any medical condition.
You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold Spartan Vision harmless for any errors, omissions, or misrepresentations contained within the Website's content.
You acknowledge and agree that Spartan Vision is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Spartan Vision. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with Spartan Vision’s robots.txt file.
Spartan Vision hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes, namely personal use only. Use of the Website for a use outside of its customary and intended purposes, such as for commercial purposes, or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from Spartan Vision, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Spartan Vision.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Spartan Vision. You are prohibited from using Spartan Vision’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, service mark, pay per click advertising, or otherwise, without the prior written consent of Spartan Vision. Spartan Vision’s trademarks include, without limitation, SPARTAN.
Spartan Vision may provide you with the ability to submit user generated content to or through the Website, which may include but is not limited to posts in an online forum or social media blog that can include text questions and comments, links to third party content, such as articles, photos, videos, instructions/tutorials, designs, and other information and content (collectively “User Generated Content”). You agree that you are the owner of, or have rights to, any and all User Generated Content submitted. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. You further warrant that any User Generated Content that you submit to the Website will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
By submitting User Generated Content to the Website, you grant Spartan Vision a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated products and services and archiving or making backups of the Website as well as for advertising purposes. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law.
You shall not pay a fee for registration, however You may have to pay a fee in order to access or use additional services associated with the Website, to purchase products through the Website or retain services identified on the Website from Spartan Vision.
You may only use your registration account and you are expressly prohibited from providing additional parties with access your account and/or profile. You agree that, in registering and creating a profile, you will provide Spartan Vision with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your account and/or profile, whether authorized or unauthorized. In the event either is accessed without your authorization, you agree to immediately provide notice to Spartan Vision.
By registering an account and creating an account, you agree that Spartan Vision may contact you by any available means, including, but not limited to, by email, telephone, fax, text messages, push notifications or messages within the Website.
In the event that you submit a payment to Spartan Vision via its Website, all costs and fees are quoted and payable in United States Dollars and are subject to change. You agree that any and all payments through the Website will be made and sent via PayPal, or any other payment method permitted by Spartan Vision, within Spartan Vision’s sole and absolute discretion. You agree to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world.
Spartan Vision hereby incorporates PayPal’s policies and terms, including specifically its payment dispute process, into this Agreement and you agree to abide by the same. In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Spartan Vision, in writing, within ten (10) days of any such dispute. You understand that your failure to notify Spartan Vision of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment. You further agree that you will not initiate any chargebacks to Spartan Vision unless otherwise authorized by Spartan Vision in writing. You agree that you will pay any costs associated with any chargebacks initiated as well as all costs and expenses of collection, including legal fees, incurred by Spartan Vision in the event of failure to make any payment.
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from, without limitation:
Your violation of any term or condition of this section may result in the immediate termination of your registration account and Profile and the disabling of your access to the Website.
You acknowledge and agree that Spartan Vision is an interactive computer service provider under Section 230 of the Communications Decency Act. Spartan Vision does not develop, select, require or encourage defamatory statements. Though Spartan Vision may review, edit, remove, or control the content displayed through the Website, you agree that Spartan Vision will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
You understand that the Website, including User Generated Content, may contain links to third party websites, applications, or services that Spartan Vision does not own or control. You agree that Spartan Vision will not be held responsible or liable for the content of third party websites, applications, products or services and that Spartan Vision’s inclusion of those websites, applications, or services within its Website does not constitute Spartan Vision’s endorsement of, recommendation of, or affiliation with any of those websites, applications, products or services.
Spartan Vision does not endorse or recommend any commercial product, process, or service, regardless of its highlighting or other means of prioritizing or identifying answers or other information from certain users. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Spartan Vision and are not intended to be used for advertising or product endorsement purposes.
This Agreement will remain in full force and effect so long as the Website is in operation. Spartan Vision may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
SPARTAN VISION DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS AND SERVICES ACCESSED OR PURCHASED, IF ANY, THROUGH THE WEBSITE. SPARTAN VISION PROVIDES THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
SPARTAN VISION WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO USER GENERATED CONTENT, ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. SPARTAN VISION IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ATTORNEY ACCOUNT, OR ALTERATION THEREOF. SPARTAN VISION RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
SPARTAN VISION WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SPARTAN VISION CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO SPARTAN VISION, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Spartan Vision, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your submission of or use of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Spartan Vision under the terms of this Agreement will not provide you with the right to control Spartan Vision’s defense, and Spartan Vision reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Spartan Vision.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Spartan Vision may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
This Agreement will be interpreted under and governed by the laws of the State of Texas without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Spartan Vision will be exclusively resolved through arbitration.
YOU AND SPARTAN VISION AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM SPARTAN VISION, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN DALLAS, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SPARTAN VISION AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND SPARTAN VISION AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of thirteen (13) and Spartan Vision will not knowingly collect personally identifiable information from children under the age of thirteen (13). If Spartan Vision inadvertently collects personally identifiable information, Spartan Vision will delete the personally identifiable information in accordance with its security protocols.
SPARTAN VISION AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
All rights not expressly granted herein are reserved to Spartan Vision.
Spartan Vision’s Website and its associated content and services are © 2014 Spartan Vision Care Consulting, LLC.
Spartan Vision respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party's intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Spartan Vision as owner or authorized licensee and are protected by copyright and other intellectual property laws.
By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of Spartan Vision’s Website has infringed upon your copyright rights, please provide Spartan Vision with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Spartan Vision receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Spartan Vision will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Spartan Vision with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to Spartan Vision’s Copyright Agent: Steve Koufos, Spartan Vision Care Consulting, LLC, 400 E. Royal Lane, Suite 290, Irving, Texas 75039 ; with a copy via email to email@example.com.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Spartan Vision Care Consulting, LLC
Attn: General Counsel
400 E. Royal Lane, Suite 290
Irving, Texas 75039
A copy of any such notice must be emailed to firstname.lastname@example.org, but email notice alone shall not comply with the notice requirements of this Agreement.
To schedule an appointment or find out more about the services we offer, please call:
or send us an email.
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