Terms of Service

 

Thank you for considering use of the Globechek services.

 

IN ORDER TO USE THE GLOBECHEK SERVICES, YOU MUST FIRST AGREE TO THESE TERMS.  PLEASE READ CAREFULLY AS THESE TERMS MAY LIMIT YOUR LEGAL RIGHTS. IF AT ANY TIME YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU MUST CEASE USE OF THE SERVICES.  If you are experiencing a medical emergency, call your physician, ophthalmologist, optometrist or 911 immediately.

 

AS USED HEREIN, “WEBSITE” MEANS www.globechek.com.

 

THESE TERMS OF SERVICE (THE “TERMS”) ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND GLOBECHEK, LLC (“WE” OR “US”). USE OF THE GLOBECHEK KIOSK, SERVICES AND WEB SITE (COLLECTIVELY, THE “SERVICES”) IS STRICTLY CONTINGENT ON YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH HEREIN.

 

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SERVICES; YOU REPRESENT THAT YOU ARE A PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL OF THESE TERMS.

 

About Our Services

The GLOBECHEK Kiosk is intended to be used by adults to provide a general screening of visual function and for the taking of certain images of the eye that may be used for informational purposes (collectively, “the Services” or “our Services”).  Payment may be required prior to the use of the GLOBECHEK Kiosk.  If payment is required you agree to make payment prior to the use of the GLOBECHEK Kiosk.  If, for any reason, GLOBECHEK Kiosk operation is interrupted such that your use of the GLOBECHEK Kiosk cannot be completed, your payment will be refunded to you within ninety (90) days, or we may offer you the use of a GLOBECHEK Kiosk at a later date, in our sole discretion.

 

As part of the Services, we may provide you with health-related assessments and information. The information available through or provided by the Services is for informational purposes only, and cannot and is not intended to be a substitute for professional medical advice or a complete eye or vision exam, diagnosis, or treatment. You should always seek the advice of your physician, ophthalmologist, optometrist or other qualified healthcare provider for any questions you have about a medical condition, and never disregard professional medical advice or delay in seeking it because of information you have been provided by us or provided in relation to the Services. We do not recommend or endorse any specific tests, physicians, ophthalmologists, optometrists, products, procedures, opinions, or other information that may be mentioned on the Services.

 

Amendments to these Terms

We may change, update, add or remove provisions of these Terms at any time by posting changes on our website, or by emailing you at your email address. Your use of any of our Services after such website posting or email shall constitute your acceptance of such changes. If you do not agree with any of the updated Terms, you must stop using our Services.  By using the Services you agree to stay apprised of the content of our website.

 

Information Privacy

In order to take advantage of the Services, you must provide us with certain contact information and other personal information, and you must agree that we may use such information in accordance with our Privacy Policy.  The nature of the Services may also result in our collecting certain health care information.  The treatment of information is set forth in our Privacy Policy which is incorporated by reference into these Terms, and is available at www.globechek.com.   If you do not agree with the terms of our Privacy Policy you may not use any of the Services.  By accessing the website or using the Services, you assert that you have read and understand the terms of our Privacy Policy and that you agree to the terms, without exception or limitation.  If you do not agree to the terms of our Privacy Policy you may not utilize the Services.

 

License to Materials and Content

The GLOBECHEK Kiosk, the Services and all information and content available through the GLOBECHEK Kiosk and Services (collectively, the “Materials”), including content made available on our website, is the copyrighted and/or trademarked work of us or our third-party licensors and suppliers or other users. “Materials” may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.  Nothing in these Terms shall be construed as transferring any ownership rights in the Materials to you or to any third party.

 

Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These electronic communications may include information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Trademark and Copyright

“GLOBECHEK”, the “eyebrow checkmark symbol” and the phrase “What We See May Save Your Sight” are all trademarks of GLOBECHEK, LLC.  No license to use our trademarks is granted under these Terms. Unless otherwise specified in these Terms, all information and screens appearing on GLOBECHEK Kiosks or websites, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are our sole property, Copyright 2016 GLOBECHEK, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

Disclaimer of Warranties.

GLOBECHEK, LLC., FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES CONCERNING THE GLOBECHEK KIOSK, THE SERVICES, THE WEBSITE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR PROVIDED TO YOU IN RELATION TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND MATERIALS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

 

Limitation of Liability, Damages and Claims

Your use of our Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the Materials. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS FROM THIS WEB SITE OR THE GLOBECHEK KIOSK. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, RELATED TO OR ARISING UNDER THESE TERMS, THE SERVICES OR THE MATERIALS.

 

WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND OUR SERVICES IS LIMITED TO THE LESSER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE AMOUNTS PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM.

 

ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

General

Violations of these Terms by you may result in termination of your access to the Services without prior notice to you, as determined by us in our sole discretion. The Federal Arbitration Act, Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of our Services a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.  The arbitration shall be conducted in English. Arbitration shall occur in Vero Beach, Florida.  Each party hereto specifically agrees to the personal jurisdiction of the courts of Florida for any dispute arising from these Terms or your use of the Services.  Venue shall be in Indian River County, Florida for state matters, and the federal district court for the Middle District of Florida for federal matters.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of any term. These Terms are the entire agreement between you and us relating to your use of the GLOBECHEK Kiosk, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

Medical Disclaimer

All information on this site is of a general nature and is furnished for your knowledge and understanding only. This information is not to be taken as medical or other health advice pertaining to your specific health and medical condition.

 

NO MEDICAL OR HEALTH CARE ADVICE: GLOBECHEK’S SERVICES DO NOT PROVIDE PROFESSIONAL MEDICAL OR OTHER PROFESSIONAL HEALTH CARE ADVICE. WE ARE NOT A MEDICAL PROVIDER.  NO CONTENT ASSOCIATED WITH THIS SERVICE, INCLUDING ANY EDUCATIONAL CONTENT, SHOULD BE CONSTRUED AS OR USED AS A SUBSTITUTE OR REPLACEMENT FOR ANY FORM OF MEDICAL OR HEALTH CARE ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THIS SERVICE IS NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR OPTOMETRY OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A DOCTOR-PATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY US. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO PROVIDE A PATIENT ARE DECISIONS THAT SHOULD BE MADE ONLY BY A LICENSED HEALTHCARE PROVIDER.

 

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us through contact information provided on our website.

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