PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Stat Medical Group, Inc. is a California registered company. Stat Medical Group, Inc. ("Stat Eye Consult") may revise and update these Terms and Conditions at any time. Your continued usage of the www.stateyeconsult.com ("Website") will mean you accept those changes. Stat Medical Group, Inc. reserves the right to refuse service to anyone at any time without notice for any reason. By using this website, you signify your assent to the following Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
1. Stat Eye Consult Does NOT Provide Medical Advice
The contents of the Stat Eye Consult website (http://www.stateyeconsult.com), such as text, answers, graphics, images, information, and other material ("Content") are for informational and/or educational purposes only. Information contained on, or made available through the Website, including but not limited to doctors' answers, is not intended to, and does not constitute medical advice, recommendations, diagnosis, or counseling under any circumstance and no doctor-patient relationship is formed. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or another qualified health professional regarding a medical condition. Never disregard professional medical advice, or delay in seeking it because of information you have read on the Stat Eye Consult website!
Stat Medical Group, Inc. does not warrant or guarantee the validity, accuracy, completeness, adequacy, legality, quality, usefulness, or currency of the information contained in or linked to the Website. Your use of information on the Website or materials linked from the Website is entirely at your own risk. Stat Medical Group, Inc. is not a medical center or hospital and this website is not a doctor referral service.
For medical emergency, call a doctor or 911 immediately. Stat Medical Group, Inc. does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by Stat Medical Group, Inc. employees, others appearing on the Website at the invitation of Stat Eye Consult, or other visitors to the website is solely at your own risk.
Because we are a venue, in the event that you have a dispute with one or more users of the Website, including the doctors, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Stat Medical Group, Inc.'s officers, directors, employees, doctors, attorneys, predecessors, successors, assigns, and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this User Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
2. Purpose of Website (http://www.stateyeconsult.com)
This Website is a service made available by Stat Medical Group, Inc. The purpose of the Website is to provide a venue for individuals to receive "medical information" but NOT medical advice. The medical information made available through this Website are for educational purposes only, and to give general information and a general understanding of the health/medical condition, not to provide specific medical advice. "Medical advice" is the application of medicine to an individual's specific circumstances and is expressly prohibited on the Website by Stat Medical Group, Inc. Although care has been taken to provide accurate and current information, the general principles and information presented at this Website may differ depending on age, gender, genetics, family history, food habits, etc., and varying interpretations of such matters by the doctors (defined below) hereon. Because the medical knowledge constantly changes and varies from country to country, and is subject to varying interpretations, the reader is urged to separately consult professional licensed medical doctor in his place regarding the applicability of any points of medicine/health discussed at this Website to any specific problem. This Website should not be relied upon nor used as a substitute for competent medical advice from a licensed professional medical doctor who has separately agreed to engage with you as a patient. The Website is not targeted towards, nor intended for use by anyone under the age of 18. By using this Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Website. Stat Medical Group, Inc. reserves the right to terminate your membership in the event that it becomes aware you are under 18. Use of the content or materials for any purpose not expressly set forth or permitted in this User Agreement is prohibited.
Stat Medical Group, Inc. makes no claims that the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
3. Doctors on the Website.
This Website provides access to doctors who are part of the medical team that respond to user questions. Stat Medical Group, Inc. does not review the content of the answers/information that are provided by the doctors or any links provided to other websites. Stat Medical Group, Inc. is not responsible for any material or information contained in the linked sites or provided by doctors.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Website strictly in accordance with this User Agreement; (2) to use the Website and doctors' answers solely for internal, personal, non-commercial informational purposes; and (3) to print out discrete information and search results from the Website and Doctors' answers solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
5. Restrictions and Prohibitions on Use.
6. Intellectual Property Rights
You agree that all right, title, and interest (including all copyrights, trademarks, service marks, patents, and other intellectual property rights) in this website and its content belong to Stat Medical Group, Inc. or its licensors, as applicable. Except for the limited license contained in paragraph 4 above, nothing in this User Agreement grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
7. Policy on Unsolicited Commercial Email
Stat Medical Group, Inc. does not authorize the use of the website for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to doctors or other third parties. Internet email sent to or through Stat Medical Group, Inc.'s computer systems or to doctors or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Stat Medical Group, Inc.'s computer systems is strictly prohibited. Email that is relayed to or through the Stat Medical Group, Inc.'s computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Stat Medical Group, Inc. prohibits anyone from sending email to or through its computer systems that violates this User Agreement. Stat Medical Group, Inc. prohibits the harvesting of email addresses from the Website for the purpose of sending unsolicited bulk commercial email.
8. No Solicitation
You shall not distribute on or through the Website or to any persons or entities identified via the Website any content or material containing solicitations or advertising of any kind without the express prior written permission of the Stat Medical Group, Inc. In interactive forums made available through this Website, you may discuss or recommend third-party Websites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Websites, products or services, or the recommendation of such. In no event may any person or entity create a directory of doctors, or answers through this Website or with data retrieved from this Website.
To protect privacy, you agree that you will not submit anything that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. You agree not to post, publish, upload, or distribute in the interactive areas on this Website any messages, data, information, text, graphics, links, or other material ("Postings") which are intentionally, unintentionally, or may reasonably be considered to be: false, inaccurate or misleading; defamatory, libelous, abusive, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; pornographic or obscene; infringing on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; anything that would constitute or encourage a criminal offense; in violation of any local, state, federal, or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ); information for which you were compensated or granted any consideration by any third party; information that references addresses, email addresses, contact information or phone numbers, other than your own; or that contains any computer viruses, worms or other potentially damaging computer programs or files. Stat Medical Group, Inc. may delete your Posting or terminate your account at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity.
User Submissions Eligibility; Registration Information and Password; Site Access
You agree that the information you provide to the Website on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you are using or opening an account on the Site on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
General. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Stat Medical Group, Inc. are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Right to Remove or Edit User Submissions. Stat Medical Group, Inc. makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Stat Medical Group, Inc. complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below).
User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Stat Medical Group, Inc. to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Stat Medical Group, Inc. and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Stat Medical Group, Inc.'s or any Stat Medical Group, Inc. Licensee's use of such User Submissions pursuant to these Terms, and Stat Medical Group, Inc.'s or any of Stat Medical Group, Inc. Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Stat Medical Group, Inc. may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Stat Medical Group, Inc. determines in its sole discretion to be violative of the standards of this Site. Stat Medical Group, Inc. takes no responsibility and assumes no liability for any User Submissions.
Inaccurate or Offensive User Submissions.
You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Stat Medical Group, Inc. does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST STAT MEDICAL GROUP, INC. WITH RESPECT THERETO.
10. Doctor Ethics Notice
If you are a doctor, participating in any aspect of this Website, including but not limited to, message boards, chat rooms, or emails, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of medicine, and misrepresentations of fact. Stat Medical Group, Inc. disclaims all responsibility for your compliance with these rules. You further agree and acknowledge that when you participate in any interactive area on the Website, including but not limited to emails, chat groups, and message boards, you will provide general medical information only, and will not offer medical advice.
11. Copyrights – Copyright Infringement
All content available on this Website, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Stat Medical Group, Inc. with all rights reserved, or is the property of Stat Medical Group, Inc. or third parties protected by intellectual property rights. Stat Medical Group, Inc. reserves the right to remove any content or links that allegedly infringe another person's copyright. Stat Medical Group, Inc. will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to Stat Medical Group, Inc. 's system or network that are repeat offenders of another's copyrights. If you believe content on the Website infringes your copyright, you should send notice of copyright infringement to Stat Medical Group, Inc.'s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information: An identification of the copyrighted work claimed to have been infringed; An identification of the material that you claim is infringing so that we may locate it on the site; Your address, telephone number and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and Your signature. The notice should be mailed to: 34392 Coppola St Temecula, CA 92592 with the subject "Copyright Notices". Upon receipt of notice as described above, Stat Medical Group, Inc. will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
12. License of Your Content to Stat Medical Group, Inc.
By uploading content to or submitting any materials (including questions, feedback) for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Stat Medical Group, Inc. a worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, delete in its entirety, create derivative works from and/or sell and/or and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Stat Medical Group, Inc. its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Stat Medical Group, Inc. reserves the right to change, condense or delete any content on the Website that Stat Medical Group, Inc. deems, in its sole discretion, to violate the content guidelines or any other provision of this User Agreement.
13. Linking to the Website
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website, (b) you give Stat Medical Group, Inc. notice of such link by sending an e-mail to firstname.lastname@example.org and (c) you discontinue providing links to this Website immediately upon request by Stat Medical Group, Inc. If you wish to provide links to a section within the Website, you should forward your request to Stat Medical Group, Inc. at email@example.com. Alternatively, you can send your request using the Contact Us form.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Stat Medical Group, Inc. will not be responsible for the illegality of or any error or inaccuracy in any advertiser or sponsor materials.
Certain sections of this Website may require you to register. If registration is requested, you agree to provide Stat Medical Group, Inc. with accurate, complete registration information. Your registration must be done using accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Stat Medical Group, Inc. of any changes to that information by emailing firstname.lastname@example.org. Each registration is for your personal use only, unless specifically designated otherwise on the registration page and you are responsible for preventing unauthorized use of your password. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. If you believe there has been unauthorized use of your password, you must notify Stat Medical Group, Inc. immediately by emailing email@example.com. Alternatively, you can use the Contact Us form to notify us. You grant Stat Medical Group, Inc. and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website.
16. Third-Party Content
Third-party content may appear on this Website or may be accessible via links from this Website. Stat Medical Group, Inc. shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Stat Medical Group, Inc.
By using the Site, you promise not to: Harass, threaten, or defraud Site users; Make unsolicited offers, advertisements, proposals, or send junk mail to users; Impersonate another person or access another user's account without that person's permission; Share Stat Eye Consult-issued passwords with any third party or encourage any other user to do so; Permit third parties to use any consults under your own membership, including other members; Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights; Upload material (e.g. virus) that is damaging to computer systems or data of Stat Eye Consult or users of the Site; Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
You much be 18 years of age or older to use this Site or to purchase a Stat Eye Consult membership. Stat Eye Consult reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Stat Medical Group, Inc. does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. Stat Medical Group, Inc. does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Stat Medical Group, Inc. may make improvements and/or changes to its features, functionality or content of the Website at any time.
THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. STAT MEDICAL GROUP, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STAT MEDICAL GROUP, INC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, (F) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE WEBSITE
18. LIMITATION OF LIABILITY AND DAMAGES
STAT MEDICAL GROUP, INC SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. STAT MEDICAL GROUP, INC SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN CHAT ROOMS, MESSAGE BOARDS, OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, STAT MEDICAL GROUP, INC SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00.
19. Unlawful Activity
You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. Stat Medical Group, Inc. reserves the right to investigate complaints or reported violations of our User Agreement and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold harmless Stat Medical Group, Inc. from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of this User Agreement, your use of the Website, or your violation of any rights of a third party.
21. Remedies for Violations
Stat Medical Group, Inc. reserves the right to seek all remedies available at law and in equity for violations of this User Agreement, including but not limited to the right to block access from a particular Internet address to the Website and its features.
22.Governing Law, Jurisdiction and Arbitration
This User Agreement is governed by and construed in accordance with the laws of the State of California without regard to conflict of laws. Any action arising out of or relating to these terms shall be shall be settled by binding arbitration in California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
24. Severability of Provisions
This User Agreement incorporates by reference all notices and disclaimers contained on the Website and constitute the entire agreement between you and Stat Medical Group, Inc. with respect to access to and use of the Website. If any provision of this User Agreement is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of this User Agreement.
25. Modifications to this User Agreement
Stat Medical Group, Inc. reserves the right to amend this User Agreement at any time. Updated versions of the User Agreement will appear on this Website and are effective immediately. You are responsible for regularly reviewing the User Agreement. Continued use of the Website after any such changes constitutes your consent to such changes.
If you provide Stat Eye Consult with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), Stat Eye Consult shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Stat Eye Consult a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
27. Information Control and Storage
We do not control the information provided by users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the website. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this website, you agree to accept such risks and Stat Medical Group, Inc. is not responsible for the acts or omissions of users on the website. You agree that Stat Medical Group, Inc. is not responsible or liable for the deletion or failure to store information.
28. No Endorsement of Third-party Entity; No Relationship with Users
Reference in this website to any specific third-party commercial products, brand names, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Stat Medical Group, Inc., or its officers, employees or agents nor does such reference constitute an endorsement of Stat Medical Group, Inc. or any of the foregoing. Users take full responsibility for a decision to visit or patronize any such entity and hold Stat Medical Group, Inc. harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venture, or employee) is created between you and Stat Medical Group, Inc. or between any user and Stat Medical Group, Inc. by formation of this Agreement (or any of the Related Agreements) or by your participation on the site.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY STAT MEDICAL GROUP, INC. AND ITS WEBSITES ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.
29. Complete Agreement
a) Membership Cycles. Your STAT Eye Consult membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each STAT Eye Consult cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled or terminated. For example, if you purchase your STAT Eye Consult on April 5, your membership will automatically renew on May 5 (as further explained in “Billing Cycles,” below). You must provide us with a current, valid, accepted method of payment (which we may update from time to time, “Payment Method”) to use STAT Eye Consult. We will automatically bill the monthly membership fee to your Payment Method each month until your subscription is cancelled or terminated.
b) Membership Plans. We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
c) Use of STAT Eye Consult. Your STAT Eye Consult membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift consults to third parties, including other STAT Eye Consult members. STAT Eye Consult may not be used for commercial purposes. To use your STAT Eye Consult membership you must have access to the Internet. We continually update and test various aspects of the STAT Eye Consult platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these test without notice.
a) Recurring Billing. By starting your STAT Eye Consult membership, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below.
b) Billing Cycle. When you sign up and purchase your STAT Eye Consult subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your STAT Eye Consult membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.
c) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are canceling your subscription and request a refund within 5 days of your initial purchase or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any services you may have used prior to your cancellation, to the extent permitted by law (such fee charges not to exceed the cost of the subscription itself. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the STAT Eye Consult website or such other means as we may deem appropriate from time to time, such as email.
e) Payment Methods. You may edit your Payment Method information by logging online and editing it under "My Profile". If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
f) Cancellation of Membership. You may terminate your monthly subscription at any time with 3 days’ notice by going to STAT Eye Consult website and canceling. Following any cancellation you will continue to have access to your subscription through the end of your current prepaid billing period, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your membership, there is a reactivation fee if you want to return to the STAT Eye Consult in future months.
g) Hold. In lieu of cancellation, we also may give you the option to put your membership on hold at any time, subject to a reduced fee per Membership Cycle. Please request a hold at least 3 days prior to your next billing date if you want to put your membership on hold. (I.e., if your next billing date is September 30th, notify STAT Eye Consult that you want to put your membership on hold by September 27th.) Even though your membership will be on hold, your account is left active and functioning and you will search the case archive and post to the forum with your STAT Eye Consult membership. There is currently no reactivation fee to return to a full Eligible STAT Eye Consult. If your membership is on hold and you wish to cancel your membership, you may cancel at any time with 3 days’ notice via your STAT Eye Consult website. Holds will be charged a reduced rate of $50.00 per month with is subject to change at our sole discretion.
j) Trials. From time to time we may offer a trial membership that includes standard access to the STAT Eye Consult platform during the trial period. Unless otherwise communicated, a trial begins at the moment of sign up and ends at 11:59pm ET on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership automatically will convert to a regular monthly membership and price unless canceled by 12pm ET on the day before the last day of trial. Customers that cancel and do not convert to a regular membership may not attend classes taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Unless we expressly communicate otherwise, trial memberships are only available to new customers that have never had a STAT Eye Consult account before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
32. Terminations or Modification by STAT Eye Consult.
a) Termination or Modification. You understand and agree that, at any time and without prior notice STAT Eye Consult may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site or your membership (or any portion thereof, including your access to any or all Venues or services) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that STAT Eye Consult will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.
b) Infringing or Fraudulent Activity. STAT Eye Consult does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Stat Eye Consult may have at law or in equity.
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