Last Updated: January 28, 2024

 

THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND NVISION AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. YOU HAVE THE RIGHT TO OPT OUT. VIEW THESE TERMS IN SECTION 9 OR CLICK HERE.

 

The following Terms and Conditions informs you of the terms, conditions, disclaimers, notices, policies, and agreements (collectively, “Terms”) which set forth the basic rules that govern your access and use of services owned or operated by Laser Eye Care of California, LLC dba NVISION® and its affiliates (collectively “NVISION,” “we,” “us,” or “our”) and our parent, subsidiaries and affiliates, including websites located at https://furlongvision.com/ and any other websites linked to these Terms (collective, the “Site(s)”).

 

YOUR CONTINUED ACCESS AND USE OF THE SERVICES ARE CONDITIONAL ON YOUR ACCEPTANCE OF AND CONTINUED COMPLIANCE WITH THE TERMS AND CONDITIONS SET OUT BELOW. Please read these Terms and any other agreements referenced in this document carefully. If you do not agree to be bound by these Terms, you may not use or access the Sites.

 

Click on the links below to jump to that section of the Terms .

 

TABLE OF CONTENTS

 

• 1. Use of the Sites

• 2. Prohibited Use of Our Sites

• 3. Our Intellectual Property Rights

• 4. Content Submitted by You

• 5. Copyright Infringement Notices

• 6. Disclaimer of Warranties

• 7. Limitation of Liability

• 8. Indemnity

• 9. Dispute, Arbitration And Class Action Waiver

• 10. Termination

• 11. Notice to California and New Jersey Residents

• 12. Miscellaneous

• 13. Changes to these Terms

• 14. Contact Us

 

1. Use of the Sites

 

Representation and Age Restriction. When you use our Sites, you represent and warrant that: (a) the information and details you submit to the Sites are true and correspond to reality; (b) your use of the Sites does not violate any applicable law or regulation. You affirm that you are at least 18 years of age and a "natural person" in your country of residence, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set for in these Terms, and to abide and comply with these Terms.

 

General Informational Purposes Only. NVISION provides the Sites and the information on it for general informational purposes only. Contents (defined below) on our Sites are not intended to provide medical advice or legal advice. None of the Contents may be relied upon by any person for any medical, diagnostic or treatment reasons whatsoever. None of the materials presented here may be relied upon by any person for any purpose other than informational purposes without the express written consent of NVISION. No one accessing or reviewing any Content or information accessible through our Sites should act or refrain from acting on the basis of such Content or information, without first consulting with and engaging a qualified, licensed physician, authorized to practice medicine in such person’s particular jurisdiction, concerning the particular facts and circumstances of the matter at issue. NVISION disclaims any liability for any injury or other damages resulting from the review or use of the Contents or information obtained from our Sites. Any information on the Sites about prior results attained by NVISION or its physician providers is not a guarantee or warranty that a similar outcome will be achieved.

 

No Physician-Patient Relationship. Operation of our Sites is not intended to form, and will not create, an physician-patient relationship. Any person who accesses information from our Sites or who unilaterally communicates any information to us or any of our physician providers through the Sites, by e-mail or otherwise, is not considered to be a client or prospective client of NVISION. As such, no physician-patient relationship exists between any such person and NVISION and NVISION does not owe such a person any professional duties that would ordinarily be owed to a patient or a prospective patient, including without limitation any duty of confidentiality. Further, operation of our Sites does not guarantee that the NVISION or any of our physician providers is willing to consider or discuss entering into a physician-patient relationship with any particular individual.

 

1. Prohibited Use of Our Sites

 

While using the Sites, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited from:

 

• using the Sites to send or post harassing, abusive, or threatening messages;

• transmitting through the Sites any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;

• attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy;

• disrupting the normal flow of the Sites, including act in a manner that negatively affects other users;

• sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;

• intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Sites;

• posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism;

• using the Sites in such a way that damages the image or rights of NVISION, other users or third parties;

• using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Sites or the Content in whole or in part, including, without limitation, creating any frames at any other Sites pertaining to any portions of this Sites; and

• attempting to circumvent, disable or otherwise interfere with security-related features of the Sites that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites.

 

Our Intellectual Property Rights

 

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (“Content”) are protected intellectual property of, or used with permission or under license by NVISION. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved.

 

Subject to your compliance with these Terms, we grant you a limited license to access and use the Sites and their Content for personal and informational purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms, and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by NVISION, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Sites or the Content. We reserve the right to refuse access to Sites at our discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.

 

• Content Submitted by You

 

We may provide you with features or channels to submit your inquiry or feedback to us. You are responsible for any information or content that you send to us, or transmit through our Sites (“User Content”). You agree, represent and warrant that you have all rights necessary to submit the User Content and you hereby grant to NVISION a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, worldwide, fully sublicensable and unrestricted right and license to use, copy, display, public, modify, remove, publicly perform, translate, create derivative worlds, distribute, and/or otherwise use such User Content. You shall not upload, post or otherwise make available on or through our Sites any User Content protected by copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

 

• Copyright Infringement Notices

 

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to marketing@nvisioncenters.com with the Subject Line “DMCA Notice”, and include the following:

 

• Identify the copyrighted work that you claim has been infringed;

• Identify the material or link on our Sites that you claim is infringing your copyrighted work;

• Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and

• Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

 

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Sites if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of NVISION or others.

 

• Disclaimer of Warranties

 

THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NVISION ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

 

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, NVISION, ITS PARENT AND AFFILIATED ORGANIZATION, AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITES OR IN CORRESPONDENCE WITH NVISION OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITES ARE PROVIDED BY NVISION “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND NVISION OR ITS LICENSORS OR SUPPLIERS.

 

• Limitation of Liability

 

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES: (1) THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES; AND (3) THAT NVISION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVISION’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED TEN DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NVISION, ITS PARENT’, AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

• Indemnity

 

You agree to defend, indemnify and hold NVISION and its directors, officers, employees, agents or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Sites; or (iii) the User Content or other information you provide to us through the Sites. NVISION reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NVISION’ defense of such claim.

 

• Dispute, Arbitration And Class Action Waiver

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

1. Initial Dispute Resolution. We want to address your concerns without needing a formal legal case.  Most concerns may be quickly resolved in this manner. For any Dispute with NVISION, you agree to first contact us by email at marketing@nvisioncenters.com or by mail at Laser Eye Care of California, LLC dba NVISION®, 75 Enterprise, Suite 200, Aliso Viejo, CA 92656 to attempt to resolve the Dispute with us informally regarding any concerns you may have about your use of the Sites. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The Notice of Dispute also must explain the facts of the Dispute as you understand them and tell us what you want us to do to resolve the issue. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations, and you agree that a Notice of Dispute containing all of the information required above, followed by at least sixty (60) days of good faith negotiation, shall be a precondition to either party initiating a lawsuit or arbitration. A Notice of Dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant Notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the Notice of Dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal Dispute resolution process required by this paragraph.

2. Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60) days from the time informal Dispute resolution is pursued pursuant to Section 9(a) above, then either you or we may initiate binding arbitration. Except for any Disputes excluded below in Section 9(d), or in the event of a Mass Arbitration (as defined below) as described in Section 9(e), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Sites shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in Orange County, California, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in Orange County, California. You or NVISION may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

3. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

4. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

5. Class Action and Class Arbitration Waiver. You and NVISION each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. 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 an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 9(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.

6. Exceptions. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief (i) in a small claims court for Disputes or claims within the scope of that court’s jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.

7. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

8. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 9(b) and 9(c) by sending written notice of your decision to opt-out by emailing us at marketing@nvisioncenters.com. The notice must be sent within thirty (30) days of your first use of the Sites, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

9. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 11(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Orange County, California (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Sites, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

11. Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

 

1. Termination

 

These Terms apply to you starting on the date you first access or use the Sites and continue until we terminate the Terms, or until you stop using our Sites.

 

In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Sites or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; and (iii) we may delete or disable access to any of your User Content at any time. You agree that if your use of the Sites is terminated pursuant to these Terms, you will not attempt to use our Sites under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Sites after termination will be a violation of this section, which survives any termination.

 

The provisions of these Terms concerning protection of intellectual property rights, prohibited use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

 

1. Notice to California and New Jersey Residents

 

• California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Sites is Laser Eye Care of California, LLC dba NVISION®, 75 Enterprise, Suite 200, Aliso Viejo, CA 92656. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, please send a letter to the above address or contact us via e-mail at marketing@nvisioncenters.com with “California Resident Request” as the Subject Line. You may also contact the Complaint Assistance Unit of the Division of Consumer Sites of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

• New Jersey Residents. If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following sections of this Terms do not apply to you and do not limit any rights that you may have: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Dispute Resolution, and (d) Indemnification.

 

1. Miscellaneous

 

• No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

• Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

• Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NVISION without restriction.

• Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.

• Notices and Electronic Communications. When you visit our Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

1. Changes to Terms

 

We reserve the right to modify these Terms, at any time without prior notice, at our sole discretion. We will use reasonable efforts to notify you of such changes. However, it is your responsibility to check the “Last Updated” legend at the top of this page periodically to see when these Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this web page unless otherwise noted. If we modify these Terms materially, to the extent permissible under applicable law, such modification will be effective upon the earlier of (i) your first use of the Sites with actual notice of such change, (ii) thirty (30) days from the posting of such change. We may send you notice of the updated Terms at our sole discretion, and the manner of the notification may include, for example, email, posted notice on the Sites, or another reasonable manner. Your continued access and use of the Sites following any such change constitutes your acceptance to be bound by the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to it. Since our Sites are evolving over time, we may also change or discontinue all or any part of the Sites, at any time and without notice.

 

These Terms will identify the date of the last update. “Disputes” means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.

 

1. Contact Us

 

Any questions, complaints, or claims regarding our Sites should be directed to marketing@nvisioncenters.com.