Refractive Consulting Group, Inc.
Registered User's Email Forum ("RSC Forum")
User's Agreement
Binding Agreement
This agreement contains the terms and conditions governing your participation
in the Refractive Consulting Group, Inc. Registered User's Email Forum ("RSC
Forum"). By accessing or using the RSC Forum you agree to be bound by the
terms and conditions of this Agreement. If you do not agree to the terms
and conditions of this Agreement, do not access or use the RSC Forum.
Refractive Consulting Group, Inc.
may revise this Agreement and may add, delete or change its products and
services at any time at its sole discretion, and such changes shall be effective
immediately upon posting on the Refractive Consulting Group, Inc. website
www.RefractiveConsultant.com.
Your continued use of the RSC Forum shall be deemed to be your conclusive
acceptance of the revised Agreement, products and services.
Use
The RSC Forum is to be used only by registered users ("Users") of Refractive
Surgery Consultant™ software and authorized staff of these Users.
Confidentiality of Posted Materials
RSC Forum Users agree to hold all Postings, messages, and other communications
("Posts") received in the course of their participation in the RSC Forum
as confidential, and agree not to distribute such materials to outside parties
unless required by law. Email forwarding of Posts received in the course
of participating in the RSC Forum is prohibited.
In the event a subpoena or other
legal request for Posts of the RSC Forum are received, the User agrees to
notify Refractive Consulting Group, Inc. of such requests so that Refractive
Consulting Group, Inc. may respond and will have an opportunity to notify
other Users of this occurrence if it deems such action to be appropriate.
Despite the confidentiality provision
set forth in this Agreement, Posts may be discoverable in courts of law
and there is no assurance that Posts considered sent to the RSC Forum will
be confidential or privileged. You acknowledge that, under certain circumstances,
Posts to the RSC Forum may be used by Users of the RSC Forum and by parties
not involved in the RSC Forum (such as attorneys) for purposes that may
not have been anticipated by the author and agree that Refractive Consulting
Group, Inc. will have no liability in the event of such use.
Patient Confidentiality
The RSC Forum is a communications tool for users of the Refractive Surgery
Consultant™ software. It is not intended as a resource for consultations
about specific patients, cases, or other clinical situations that fall under
the doctor-patient relationship. Specific mention of patient names or other
identifying information is strictly prohibited. Advice, comments, or other
information provided or received in the course of participating in the RSC
Forum should not be interpreted or applied to specific treatment plans,
patients, cases, operations, or other interventions without independent
verification by the attending physician.
Prohibited Materials
You expressly agree that you will not post any material that:
(1) Is defamatory, libelous, abusive,
or obscene, including, without limitation, material which encourages conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violates any applicable local, state, federal, or international
law;
(2) Violates restrictions on discussion of pricing or other financial
matters governed by RICO laws and other statutes;
(3) Infringes on the copyright or any other proprietary right of a third
party;
(4) Would invade the privacy of any other person;
(5) Is intended to advertise to or solicit others without the express
permission of Refractive Consulting Group, Inc.;
(6) Constitutes charity solicitations, chain letters or pyramid schemes;
(7) Contains a known virus, worm, trojan horse, time bomb, or any other
harmful program or component; or
(8) Does not generally pertain to the designated topic or theme of the
RSC Forum.
Other Prohibited Activities
(1) Create a false identity or
forged e-mail address or header, or otherwise attempt to mislead others
as to the identity of the sender or the origin of the message.
(2) Post, generate or disseminate so-called spam or mass-mailings;
(3) Harvest or otherwise collect information about others, including email
addresses, without their consent;
(4) Interfere with or disrupt networks connected to the service, or used
for purposes of delivering the content or the services (or violate the
regulations, policies or procedures of such networks);
(5) Attempt to gain unauthorized access to restricted areas of the products
and services, other accounts, computer systems or networks connected to
the services, through password mining or any other means; or
(6) Interfere with another of our subscriber's use and enjoyment of the
RSC Forum.
You expressly agree that, after receiving
a warning from Refractive Consulting Group, Inc., you will not continue
to post material which we have advised you not to post.
Users Are Responsible for Content
You are responsible for your Posts to the RSC Forum and for the consequences
of your Posts to the RSC Forum. Refractive Consulting Group, Inc. does not
monitor or exercise editorial control over Posts.
Refractive Consulting Group, Inc.
does not and is not responsible for screening or monitoring Posts from you
or any other person or entity. If notified by one of our Users of any material
that is alleged not to conform to the terms of this Agreement, we may investigate
the allegation and determine in our sole discretion to remove or request
the removal of the material. We reserve the right to remove any and all
material with or without reason We have no liability or responsibility to
you or any other person or entity for the performance or nonperformance
of screening activities.
We do not represent, warrant or guarantee
the truthfulness, accuracy, or reliability of any Posts or of the material
posted in chat rooms, bulletin boards, mail lists and customized home pages.
We also do not endorse any opinions expressed by means of the means of communication
we provide. You acknowledge that any content posted is at your own risk,
and that any Posts received during the course of your participation in the
RSC Forum is obtained at your own risk. Refractive Consulting Group, Inc.
cannot and will not be held liable for information transferred in the RSC
Forum in any way.
User Information Privacy Policy
User participation in the RSC Forum requires provision of certain personal
information from each user. Refractive Consulting Group, Inc. agrees not
to sell, transfer, or otherwise make available to outside parties or companies,
the information provided to us in the course of your use of the RSC Forum.
When Posts are made to the RSC Forum,
the user's identity and email address are contained as part of the message
and are visible to all other Users of the RSC Forum. This is done to permit
other User's to respond directly to the sender without having to post all
replies to the entire group. As such, during the course of your use of the
RSC Forum, your identity will become known to other Users.
Disclosure of Conflicts of Interest
All posts mentioning commercial products must be accompanied by disclosure
of actual, potential, or perceived conflicts of interest, which specify
the nature of the conflict. These may include, but are not limited to, mention
of ownership, consulting arrangements, use of free-equipment from the manufacturer,
speaking arrangements, board membership, stock ownership, etc. in the product
mentioned.
Stock Manipulation
Users agree not to attempt to manipulate stock prices or the activity, price,
or perceived value of other publicly traded instruments through use of the
RSC Forum.
Our Right to Use Posted Materials
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual
license, with right to sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information you submit by all means and in any media now known
or hereafter developed for any use or purpose.
Access
The RSC Forum may require a username and password to access and use. The
User is solely responsible for ensuring the confidentiality of all usernames
and passwords including compliance with these terms by third parties authorized
by the subscriber to gain access via the subscriber's own username and password.
You agree to immediately notify us of any unauthorized use of your usernames
and passwords or of other reasons requiring us to deactivate usernames and
passwords for security reasons.
Disruptions of Service
During ongoing operation, Refractive Consulting Group, Inc. may perform
system administration and will have to take its online down for maintenance.
This may affect the availability of the RSC Forum from time to time. Refractive
Consulting Group, Inc. cannot and will not be held liable for any interruption
of service for any reason.
Jurisdiction
Refractive Consulting Group, Inc. is based in Arizona, in the United States
of America. No claims regarding participation in the RSC Forum for access
outside the United States are made or implied. Your access and use of the
RSC Forum outside the U.S. is at your own risk, and you are solely responsible
for compliance with the laws of your jurisdiction.
Costs and Payment Terms
Participation in the RSC Forum is provided as a non-charged service for
paid, registered users of Refractive Surgery Consultant™ software. You are
responsible for all hardware, software, online services and other costs
you incur to access the RSC Forum.
Disclaimer
The content available through Posts made to the RSC Forum is for educational
and informational purposes only. Your reliance upon content obtained through
the site is solely at your own risk.
Scope of Agreement
This agreement refers to the terms and conditions for use of the RSC Forum
only. Separate User Agreement(s) in place regarding use of specific software
product(s) are not affected by the terms and conditions found here. In the
event that the agreements conflict, the software agreements shall have precedence
over this Agreement.
Indemnification
You hereby agree to defend, indemnify and hold harmless Refractive Consulting
Group, Inc. and its directors, officers, employees, programmers, agents,
representatives, and affiliates, and the directors, officers, employees,
agents, representatives, and affiliates of such other Refractive Consulting
Group, Inc. agents, representatives, programmers, and affiliates (collectively,
"Indemnified Parties") from and against any and all claims, suits, actions,
losses, liabilities, costs, expenses, fees (including, but not limited to,
reasonable attorneys' fees), and damages that may arise from your, your
agents' or employees' breach of any of the terms and conditions of this
Agreement and from any activity related to your use of Refractive Consulting
Group, Inc. products and services.
Exclusion of Damages.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL REFRACTIVE CONSULTING GROUP, INC.
BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY,
INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS
OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION, DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER
TO (1) YOUR USE OF OUR PRODUCTS AND SERVICES, OR RELIANCE ON THE CONTENT,
OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY
BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR THIRD PARTY PROVIDERS.
THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Duration and Termination of Agreement
This Agreement will continue unless terminated by either party, as long
as you remain a registered user of the current version of the Refractive
Surgery Consultant™ software. This Agreement shall terminate within 90 days
of issue of a new version of the Refractive Surgery Consultant™ software,
but will continue if you re-register for the new version. Registration of
a new version may require additional upgrade and / or registration fees.
Your right to access and use the
RSC Forum will terminate without further notice upon your breach of this
Agreement. We may terminate this Agreement and your right to access and
use the RSC Forum at any time. You may terminate this Agreement by providing
us with written notice of your termination and ceasing to use our products
and services.
Obligation to Provide Services
We reserve the right to discontinue or make changes to the RSC Forum service
at any time.
General
This Agreement contains all of the terms and conditions agreed upon by the
parties relating to participation in the RSC Forum and supersedes any and
all prior and contemporaneous agreements, negotiations, correspondence,
understandings and communications of the parties, whether oral or written,
respecting participation in the RSC Forum.
Refractive Consulting Group, Inc.
reserves the right to make changes to this Agreement without advance notice.
We will post all modified forms of this Agreement and such forms shall be
effective immediately upon posting. It is at all times your responsibility
to read the most current form of this Agreement before using the RSC Forum
to ensure compliance with the terms and conditions of any changes made to
the Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the
laws of Arizona, USA. Each party hereby irrevocable consents to the jurisdiction
of courts of competent jurisdiction in Phoenix, Arizona to resolve any disputes
with respect to this Agreement. If any provision of this Agreement is held
to be unenforceable for any reason, it shall be adjusted rather than voided,
if possible, in order to achieve the intent of the parties to the extent
possible. In any event, all other provisions of this Agreement shall be
deemed valid and enforceable to the full extent possible.