Terms of Use

    Welcome to the Advance Eyecare website (AdvanceIcare.com). This website is best viewed using a contemporary browser.

    Use of this website, and information distributed in conjunction with this website, including without limitation the information and tools provided, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our currency information, services, or website. We suggest you print a copy of each of these documents for your records.

    Advance Eyecare shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at http://www.advanceicare.com/tou.htm. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on August 24, 2006.

  Disclaimer

    This website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from AdvanceIcare.com, for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein.

    AdvanceIcare.com has used its best commercial efforts to obtain the most accurate and timely information available, including information pertaining to office and industry standards, all of which are complex and subject to change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

    The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. AdvanceIcare.com shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

    AdvanceIcare.com reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

    As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall AdvanceIcare.com nor any of its associates or data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if AdvanceIcare.com or such provider has been advised of the possibility of such damages.

  Privacy Policy

    You have read and agree to all of the terms and conditions of our Privacy Policy (below).

  Confidentiality and Transmissions of data

    The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

  User Conduct and Obligations

    You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

    1. upload, post or otherwise transmit through or to this website any content that:
      1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
      2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
      3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
      4. contains medically private or sensitive information contrary to HIPAA and/or Sarbanes Oxley regulations;
    2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
    3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
    4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
    5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
    6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by AdvanceIcare.com;
    7. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
    8. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; and
    9. embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as except as specifically permitted in writing by AdvanceIcare.com.

    By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

  Indemnification by User

    You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

  Third Party Websites, Content and Products and Services

    You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any related goods and services, are solely as between you and such third parties. You understand and acknowledge that some of services accessible on our website are provided by third parties (including, but not limited to, discount foreign exchange services and online foreign exchange trading services) and that in certain instances, we may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through our website. You acknowledge that in such dealings with third parties, we are not the seller or provider and your agreement of purchase or for services with such third party is solely between you and the third party, and not AdvanceIcare.com. AdvanceIcare.Com assumes no responsibility whatsoever for any charges, losses or liabilities you or any user of your account incurs when making purchases or completing transactions with such third parties. As a user of our website, you acknowledge and agree that we shall not be responsible or liable in any way for any loss or damage of any kind which you or any other user of your account may incur as a result of, or in connection with, any dealings or transactions with such third parties.

    By accessing third party services through our website, you hereby authorize such third party service provides to provide AdvanceIcare.COM with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

    Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

  Proprietary Rights

    Advance Eyecare, AdvanceIcare.COM, the colored 'eye' logo, and other identifying marks of Advance Eyecare O.D., P.A. are and shall remain the trade-marks and trade names and exclusive property of Advance Eyecare O.D., P.A. , and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of AdvanceIcare.com and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

  Notice of Copyright Infringement

    Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
    4. The address, telephone number or e-mail address of the complaining party.
    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
    6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

    All notices of copyright infringement should be sent to:

      Advance Eyecare O.D., P.A.
      15235-H John J. Delaney Drive Charlotte
      NC 28277
      Phone: 704-752-1744
      advanceicare@aol.com
      www.advanceicare.com

       

    If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

    These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and sites.

  Contact

    If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at advanceicare@aol.comm.

    Introduction
    We at Advance Eyecare are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.

    We have established this Privacy Policy so that you can understand the care with which we intend to treat your Personal Information.

    Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit our web pages without telling us who you are or revealing any Personal Information about yourself.

    If you choose to provide us with your Personal Information on the Web, we may transfer that Information within our third-party service providers.

    We strive to comply with all applicable laws around the world that are designed to protect your privacy. Although legal requirements may vary from one place to another, We intend to adhere to the principles set forth in this Privacy Policy even if, in connection with the above, we transfer your Personal Information from your country to countries that may not require an "adequate" level of protection for your Personal Information. In other words, our goal is to provide protection for your Personal Information no matter where that Personal Information is collected, transferred, or retained.

    Cookies and Other Tracking Technologies
    Some of our Web pages may utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about Web site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Web user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.

    You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Web site.

    Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our site is accessed. Our use of cookies and other tracking technologies allows us to improve our Web site and your Web experience. We may also analyze information that does not contain Personal Information for trends and statistics.

    Notice
    Where we collect Personal Information on the web, we intend to post a purpose statement that explains why Personal Information will be collected and whether we plan to share such Personal Information outside of AdvanceIcare.com or those working on our behalf. We do not intend to transfer Personal Information without your consent to third parties who are not bound to act on our behalf unless such transfer is legally required.

    Choice
    You may choose whether or not to provide Personal Information to us. The notice we intend to provide where we collect Personal Information on the Web should help you to make this choice. If you choose not to provide the Personal Information we request, you can still visit most of our web pages, but you may be unable to access certain options, offers, and services that involve our interaction with you.

    If you chose to have a relationship with us, such as a contractual or other business relationship or partnership, we will naturally continue to contact you in connection with that business relationship.

    Security
    Wherever your Personal Information may be held within AdvanceIcare.com or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure.

    Access & Accuracy
    To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. Where we collect Personal Information from you on the Web, our goal is to provide a means of contacting us should you need to update or correct that Information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your Personal Information to AdvanceIcare@aol.com and we will make reasonable efforts to incorporate the changes in your Personal Information that we hold as soon as practicable.

    Third Party Services
    Third parties may provide certain services available at AdvanceIcare.com on our behalf. We may provide information, including Personal Information, that we collect on the Web to third-party service providers to help us deliver products, information, and services. Service providers may also be an important means by which we maintain our Web site and mailing lists. We will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on our behalf.

    We do not intend to transfer Personal Information without your consent to third parties who are not bound to act on our behalf unless such transfer is legally required. Similarly, it is against our policy to sell Personal Information collected online without consent.

    Children's Privacy
    AdvanceIcare.com is not structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age.

    Commitment
    We are committed to privacy and are interested in current initiatives to preserve individual privacy rights on the Internet. Protecting your privacy online is an evolving area, and our Web site is constantly evolving to meet these demands.

    If you have any comments or questions regarding our Online Privacy Policy, please contact us at AdvanceIcare@aol.com. While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.

    Your Consent
    By using this Web site, you consent to the terms of our Privacy Policy and to our processing of Personal Information for the purposes given above as well as those explained where we collect Personal Information on the Web. Should the Online Privacy Policy change, we intend to take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on our web site for a reasonable period of time.

 
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