Terms of Agreement
For this Website
2. YOU ARE USING THE WEBSITE ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.
3. OES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES DUE TO YOUR USE OF THE WEBSITE.
4. ANY CLAIM YOU MAY HAVE RELATED TO YOUR USE OF THE WEBSITE MUST BE COMMENCED BY FILING SUIT IN MULTNOMAH COUNTY, OREGON, U.S., OR U.S. DISTRICT COURT, DISTRICT OF OREGON, PORTLAND DIVISION, WITHIN 1 YEAR OF THE EVENT UPON WHICH THE CLAIM IS BASED FIRST OCCURRED. THIS AGREEMENT IS INTENDED TO BE INTERPRETED AND ENFORCED ACCORDING TO THE LAWS OF THE STATE OF OREGON.
5. You agree to indemnify and hold harmless OES and its shareholders, officers, directors, and employees from all claims and demands, including attorney fees and courts costs, arising out of or related to your access or use of, or your inability to access or use, the Website or the information contained in the Website or other websites to which it is linked, including but not limited to, claims that you have found something you have heard, viewed, or downloaded from the Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will OES or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special, or similar damages, even if OES has been advised of the possibility of such damages.
6. You acknowledge that the opinions and recommendations contained in the Website are not necessarily those of OES.
7. OES may provide links on the Website to other websites which are not under the control of OES. In general, any website which has an address (or URL) not containing “http://www.oregoneyes.net” is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by OES of the organization or individual operating the website or a warranty of any type regarding that particular website or the information on that particular website.
8. You may provide hypertext links to the Website on another website provided that: (a) the link be a text-only link clearly marked “Oregon Eye Specialists;” (b) the link must “point” to the URL “http://www.oregoneyes.net” and not to other pages within the Website; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with OES’s name and trademarks; (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity other than OES is associated with or sponsored by OES; (e) the link, when activated by a user, must display the Website’s full-screen and not within a “frame” on the linked website; and (f) OES reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Agreement. You agree that any other hypertext links to the Website must be approved in writing by OES.
9. The works of authorship contained in the Website, including but not limited to, all design, text, and images, are owned or licensed by OES, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored by subsequent use, or otherwise used in whole or in part in any manner without OES’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of OES.
10. All text and electronic images on the Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or sales-marks of OES, its suppliers, or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
11. Reviews are prohibited from containing personal information; unlawful, threatening, abusive, libelous, defamatory, harassing, or vulgar communications; information unrelated to OES services; and information that is false, fraudulent, or misleading. Further, OES may remove or refuse to publish any review at its sole discretion.
12. If we fail to exercise or enforce any right or provision of the Agreement, we do not waive that right or provision. These terms constitute the entire agreement between us and govern your use of the Website, superseding any prior agreements between us (including, but not limited to, any prior versions of the Agreement).
Updated January 2020