Occuflex Terms of Use

In consideration of the Internet access and availability of the Occuflex (the “Services”) being provided to you by Nova Medical Centers, you agree to the terms and conditions of this Customer Terms of Use (the “Terms of Use”).

Permission to access this information is restricted to people who accept the Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Service. Nova Medical Centers may modify these Terms of Use at any time, and such modifications will be effective immediately upon posting of the modified Terms of Use. You agree to review the Terms of Use periodically to be aware of such modifications and your continued access or use of the Service will be deemed your conclusive acceptance of the modified Terms of Use.

YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. NOVA MEDICAL CENTERS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL NOVA MEDICAL CENTERS BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY NOVA MEDICAL CENTERS PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN OR UNKNOWN, AGAINST NOVA MEDICAL CENTERS AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE “NOVA MEDICAL CENTERS PARTIES”) FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY NOVA MEDICAL CENTERS PARTIES AND/OR YOUR USE OF THE SERVICES.

You agree to protect and indemnify Nova Medical Centers against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by Nova Medical Centers.

You agree that your username and password and changes to both of these items are your responsibility. You will notify Nova Medical Centers immediately of any unauthorized use of any password or account or any other known or suspected breach of security.

Nova Medical Centers reserves the right to take whatever actions we deem appropriate to enforce these policies. Nova Medical Centers also reserves the right to change these policies without prior notice at any time. The actions Nova Medical Centers takes may include account suspension or termination. Nova Medical Centers reserves the right to refuse service to anyone at anytime for any reason.

You understand that the services provided by Nova Medical Centers may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notice of any such interruption of service. Nova Medical Centers will not be liable for any delay in or failure to perform the Services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.

You agree that this Service is governed by the Laws of the State of Texas. You agree that the County of Dallas will be the forum for any legal action related to the services provided.

Any Internet activity by you, which references back to Nova Medical Centers or its services in a damaging manner, will result in suspension or termination of your account(s). Illegal Internet activity using or referencing to Nova Medical Centers or an account or services provided by Nova Medical Centers will result in immediate termination, possible prosecution, and assessment of legal fees accrued.

Impersonating another user or otherwise falsifying one’s user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited. You will be held liable for any and all costs incurred by Nova Medical Centers as a result of your violation of these Terms of Use.

In the event of any such litigation, the prevailing party will be entitled to collect its reasonable attorneys’ fees and litigation expenses, from the non-prevailing party. In no event will Nova Medical Centers Operating Corporation be liable to any party for any claim attributable to errors, omissions, or other inaccuracies in the materials or information available on or through the Nova Medical Centers web pages.