All quotes from Optima Ophthalmic Medical Associates, Inc. are valid for 30 days following the date of transmission. The company’s standard terms & conditions apply to all purchases. Unless otherwise specified, all contracts are on a month-to-month basis, with 30 days-notice of cancellation Regardless of cancellation date, all products or services received must be paid for in full. Early contract cancellation will cause a forfeit of any product or service discount and all products and services received will be charged at full price for the entire contract period utilized. All contracts and contracted services, with the exception of website design/build will automatically renew upon completion of existing contract period. Renewal terms will be for the same duration as the expiring contract. Month-to-month contracts will have no expiration date and will continue on unless cancelled according to the terms above.
Optima Ophthalmic Medical Associates, Inc. accepts no liability for the content of any email or verbally transmitted information (“Informal Transmission”), or for the consequences of any actions taken on the basis of the “Informal Transmission” information provided, unless that information is confirmed in writing. Any views or opinions presented in any “Informal Transmission” are solely those of the author and do not necessarily represent those of the company.
You acknowledge that you are purchasing, from Optima Ophthalmic Medical Associates, Inc., ONLY the products and/or services that are expressly listed as purchased on your invoice and only to the limit to which they are defined and described on your invoice. You are also aware that the descriptions provided on the Service pages of optimaeye.com are there for informational purposes only and your official Invoice is the sole source of products and/or services purchased.
While we at Optima Ophthalmic Medical Associates, Inc. work hard to provide the highest quality internet marketing services, there are many factors that will affect your results. Some of these factors and/or results are outside our ability to control and/or immediate ability to update or implement and for all of which, we are not liable for any damages in any way, for any reason. Some of these factors and results include but are not limited to; changes in your website rankings, traffic or inquires, search engine algorithm changes, linking practice changes, your website(s) going offline, website update delays, social media strategy errors, website content, images, video, including additions/subtractions, sources other than Optima Ophthalmic Medical Associates, Inc. adding/removing content, images, video and/or links from your website.
While Optima Ophthalmic Medical Associates, Inc. offers ADA website compliance products and services, Optima Ophthalmic Medical Associates, Inc. has no responsibility to ensure that any client, website or other entity complies with ADA or other Standards. This includes but is not limited to, future, current or former clients’ website(s) or other properties, products or services. Each website or entity owner is solely responsible for acquiring and/or ensuring any and all websites or other properties, products or services are in compliance with ADA as well as any other rules and regulations.
Optima Ophthalmic Medical Associates, Inc. is not liable in any way for damages to you, your business, your property, loss of revenue for any actions or inaction on the part of Optima Ophthalmic Medical Associates, Inc. or Optima Ophthalmic Medical Associates, Inc.’s employees. These purchases are being made by you with full knowledge that Optima Ophthalmic Medical Associates, Inc. will not be liable to you for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
While Optima Ophthalmic Medical Associates, Inc. offers website updates requested by Optima Ophthalmic Medical Associates, Inc. clients, Optima Ophthalmic Medical Associates, Inc. has no responsibility to ensure that any client, request, website or other entity complies with HIPAA or other Standards, including, but not limited to, those with regard to tracking pixels. This includes but is not limited to, future, current or former clients’ website(s) or other properties, products or services. Each website or entity owner is solely responsible for acquiring and/or ensuring any and all websites or other properties, products or services are in compliance with HIPAA as well as any other rules and regulations.
Optima Ophthalmic Medical Associates, Inc. is not liable in any way for damages to you, your business, your property, loss of revenue for any actions or inaction on the part of Optima Ophthalmic Medical Associates, Inc. or Optima Ophthalmic Medical Associates, Inc.’s employees. All requests made or content provided by you are with the full knowledge that Optima Ophthalmic Medical Associates, Inc. will not be liable to you for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Optima Ophthalmic Medical Associates, Inc. has been expressly advised of the potential loss. Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using Optima Ophthalmic Medical Associates, Inc. Internet Marketing Services, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable and you accept that Optima Ophthalmic Medical Associates, Inc. has an interest in limiting the personal liability of its owners, officers and employees.
You agree that you will not bring any claim personally against Optima Ophthalmic Medical Associates, Inc.’s owners, officers or employees in respect of any losses you suffer in connection with any of the Optima Ophthalmic Medical Associates, Inc. Internet Marketing Services. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Optima Ophthalmic Medical Associates, Inc.’s owners, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Optima Ophthalmic Medical Associates, Inc..
If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer. You hereby indemnify Optima Ophthalmic Medical Associates, Inc. and undertake to keep Optima Ophthalmic Medical Associates, Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Optima Ophthalmic Medical Associates, Inc. to a third party in settlement of a claim or dispute on the advice of Optima Ophthalmic Medical Associates, Inc. ‘s legal advisers) incurred or suffered by Optima Ophthalmic Medical Associates, Inc. arising out of any client action or breach by you including but not limited to any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute shall be referred to the American Arbitration Association for arbitration in accordance with American Arbitration Association Rules of Arbitration. All hearings will be held in San Jose, CA before an Arbitrator who is a licensed judge with at least 15 years of experience. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
Optima Ophthalmic Medical Associates, Inc. may revise these terms and conditions at any time. Revised terms and conditions will apply to all Optima Ophthalmic Medical Associates, Inc.’s Internet Marketing Services as of the date of the change. Please check this page at regular intervals to ensure you are familiar with the current version. Optima Ophthalmic Medical Associates, Inc. may transfer, sub-contract or otherwise deal with Optima Ophthalmic Medical Associates, Inc.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
