OccuCare.net ("site") is an internet property of OccuCare, LLC. ("we," "us"). Please read the terms and conditions of use ("terms") carefully before using this site. By accessing or using the site, you and any entity you are authorized to represent ("you" or "your") agree to be bound by these terms. These terms constitute an agreement governing your access to and use of the site. We may modify these terms at any time without notice to you by posting revised terms on our site. Continued use of the site constitutes your binding acceptance of any modifications.
Use of the Site
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for informational, personal, non-commercial, educational or entertainment purposes; and (c) to print out discrete information from the Site solely for such purposes and provided that you maintain all copyright and other proprietary notices contained therein.
You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Site in accordance with the Terms, not to use the Site for illegal purposes, and not to interfere or disrupt the networks or other sites connected to the Site.
Any Site updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms. We may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature, downloadable, software database, or content. We may also impose limits on certain features and services or restrict your access to parts or this entire Site without notice and without liability to you.
We may discontinue or suspend the Site at any time without notice. We may also may block, terminate or suspend your access to the Members section of the Site at any time for any reason in our sole discretion, even if access to the Site continues to be allowed to other users. Upon such suspension or termination, you must immediately discontinue use of the Site. You acknowledge and agree that we shall not be liable to you or any person or entity making a claim through you for any termination or suspension of your access to the Site.
Restrictions on Use
Your license for access and use of the Site and any information, materials or documents (collectively, "Content") found on the Site are subject to the following restrictions and prohibitions on use:
- you may not copy, print (except for the express limited purpose permitted by the section entitled "Use of the Site" above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content retrieved from it;
- you may not use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, website, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
- you may not create compilations or derivative works of any Content from the Site;
- you may not use any Content from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
- you may not remove, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
- you may not use any automatic or manual process to harvest information from the Site;
- you may not download, post, email or otherwise transmit or intentionally receive any content that is unlawful, illegal, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's right to privacy, reveals private information about another person without consent of that person, or may tend to incite others to undertake any of the foregoing activities, or violate any export or import regulations of the country of origin or receipt;
- you may not download, post, email or otherwise transmit any software virus or other computer code, files or programs designed to interrupt, destroy, limit the functionality, or cause a denial or interruption of service of any computer software or hardware or telecommunications equipment of ours or any third party, including without limitation any telecommunications network;
- you may not copy, transmit, use, broadcast, distribute or modify any information or material in violation of patent, copyright, trademark or trade secret rights of any other person;
- you may not use this Site in any manner that violates any rules or regulations imposed on you by the owner of the computer equipment or by the Internet Service Provider you have chosen to use to access this Site;
- you may not violate or attempt to violate the security, efficiency, reliability, or integrity of this Site or its content in any way, including, without limitation, by accessing data, servers or accounts which you are not authorized to access, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this Site that are subject to access restrictions;
- you may not use the Site in a manner that violates any state or federal law.
We make certain services available to individuals ("Members") who register on the Site. Members have access to certain information relating to products and services.
Warranties and Disclaimers
Except as expressly provided otherwise in an agreement between you and us, all information and services on this site are provided “as is” without warranty or conditions of any kind, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.
We assume no responsibility for errors or omissions in the information or other documents which are referenced by or linked to this site. This site could include technical or other inaccuracies. Changes are periodically made to the information herein. However, we make no commitment to update materials on this site.
In no event shall we be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from: (1) reliance on the materials presented, (2) loss of use, data or profits, (3) delays or business interruptions, (4) and any theory of liability, arising out of or in connection with the use or performance of this site) whether or not you have advised us of the possibility of such damages.
You agree to indemnify, defend and hold us, and all our officers, members, managers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, including, without limitation, our reasonable attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
We do not desire to receive confidential or proprietary information through this Site. Your personal identifying information will be maintained by us in confidence.
Linking to our Site
We permit anyone to link to our Site subject to the linker's compliance with these Terms:
- You may link to, but not replicate, content contained at our Site, except for our Members' Area, which may not be linked to without our prior written consent;
- You may not create a border or browser around content contained in our Site;
- You must not present misleading or false information about our services or products;
- You may not misrepresent our relationship with the linker;
- You may not imply that we endorse or sponsor the linker or the linker's services or products;
- You may not use our logos or trade dress without our prior written permission;
- You may not include any content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for viewers of all ages;
- You may not include materials that would violate any U.S. laws, including without limitation the CAN-SPAM Act;
- You must agree that the link may be removed at any time upon our request.
The information on this Site is protected by copyright. Except as specifically permitted, no portion of this Site may be distributed or reproduced by any means, or in any form, without our prior written permission.
COPYRIGHT NOTICE: Copyright © OccuCare. All rights reserved.
The absence of a name or logo in these Terms does not constitute a waiver of any intellectual property rights that we have established in any of our material, feature, or service names or logos. We reserve all intellectual property rights, including all copyrights and trademark rights.
Notices, How to Contact Us
All notices to you required or permitted under these Terms may be sent to you at the last email address you submitted to us, or by regular mail to your last-submitted physical address, if any. You are solely responsible for contacting us with any changes in your contact details. Notices to us shall be submitted by mail at:
3915 30th Avenue, Suite A
Kenosha, WI 53144
or to such other address as we may provide at this Site from time to time.
Compliance with Copyright and other Laws
We do not knowingly provide links to resources, websites or other materials that violate the copyrights, trademarks, or other intellectual property rights of third parties. If you are the owner of such rights, and you object to the linking or posting of materials on our Site, please send a notice to the address posted above for Notices. Please be as specific as possible with regard to your claim, and you must cooperate by providing any additional information we may request. If you do so, we will investigate your claim promptly, and will disable or remove links or materials that we believe may violate the rights of third parties. Similarly, if you are a website owner and prefer that the Site not include a link to your site, please notify us and we will promptly remove the link.
Governing Law, Venue and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Wisconsin without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the Federal and State courts located in the State of Wisconsin, Kenosha County for the purposes of any suit, action or other proceeding arising out of your use of the Site, or based upon these Terms or the subject matter hereof.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
We reserve the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion. You also may be subject to additional terms and conditions that may apply when you use Third Party Provider content or third party software.