THIS DOCUMENT CONTAINS A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.
Terms of Use
Welcome to Macular Care (www.macularcare.com), a digital resource from VAR1 LLC dedicated to providing informational content and resources about macular degeneration (“Macular Care,” “We,” “Us”).
Please read these Terms of Use (“Terms”) carefully before using our website www.macularcare.com and Services. BY ACCESSING, BROWSING, OR USING THE SERVICES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.
1. Acceptance of Terms
By accessing and using our Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
2. Informational Purposes Only
The content and products provided through our Service, including all data, information, text, graphics, links, and other material is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Service.
If you think you may have a medical emergency, call your doctor or 911 immediately. We does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by Macular Care, Macular Care employees, others appearing in the Content or on the Services at the invitation of Macular Care, or other visitors to the Services is solely at your own risk.
3. Intellectual Property
The content, organization, graphics, design, compilation, and other matters related to our Service are protected under applicable copyrights, patents, trademarks, and other proprietary rights. The use of our content and trademarks is strictly prohibited unless specifically authorized by Macular Care.
4. User Obligations
You agree to use our Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Service. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Service.
5. Disclaimers
Our Service is provided on an “as is” and “as available” basis. Macular Care expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Macular Care does not guarantee the accuracy, completeness, or usefulness of any information on the Service and you rely on such information strictly at your own risk.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Macular Care and its officers, directors, employees, affiliates, agents, and licensors will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including without limitation, loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Website or its content, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if Macular Care has been advised of the possibility of such damages.
7. User Responsibility
By using the Website, you agree that you assume all risk associated with the use of the content and that Macular shall not be liable for any harm, injury, or loss arising from your reliance on the information provided on the Website.
8. Indemnification
You agree to indemnify and hold harmless Macular Care and its officers, directors, employees, affiliates, agents, and licensors from any claims, demands, losses, liabilities, or expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website or any breach of these terms of use.
9. Severability
If any provision of this section or these terms of use is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
10. Class Action Waiver
We agree that each party may only resolve disputes with the other party on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. We agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
BY AGREEING TO THIS USER AGREEMENT, YOU ARE GIVING UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS USER AGREEMENT AND CLASS ACTION WAIVER, EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that dispute can proceed on a class basis, then the waiver set forth above shall be deemed null and void in its entirety.
This class action waiver section shall survive any termination of your account or the Services.
11. Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Macular Care, or in any way relating to your use of the Services and/or the Content, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving Macular Care or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. Complete Agreement
Except as expressly provided in a particular “legal notice” on the Services, these Terms of Use constitute the entire agreement between you and Healthline with respect to the use of the Services and Content.
Macular Care, in its sole discretion, reserves the right to update, revise, supplement, and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Services. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
13. Termination
You may stop using the Services at any time (subject to the surviving terms set forth herein). Macular Care also may terminate these Terms of Use and/or Services at any time and may do so immediately without notice. Accordingly Macular Care may deny you access to the Services, if in Macular Care’s sole discretion you fail to comply with any term or provision of the Terms of Use.
14. No Waiver
Macular Care’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Macular Care’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Macular Care to exercise or take advantage of any right or remedy that Macular Care has or may have hereunder, operate as a waiver of any right or remedy.