These terms and conditions ("Terms and Conditions") govern your use of the Downtown Vision, Inc. web site you have accessed (the “Site”). Compliance with these rules is a condition to your use of the Site. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site.Ownership Of The Site
All pages within this Site and any material made available for download are the property of Downtown Vision, Inc. The Site is protected by United States and international copyright and trademark laws.
The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved by Downtown Vision, Inc., including the provision of services or products to Downtown Vision, Inc., or in connection with a business relationship with Downtown Vision, Inc.. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Downtown Vision, Inc. without our express written consent.
You acknowledge that the Site and the Content includes information which is confidential and proprietary to Downtown Vision, Inc. (“Confidential Information”). Confidential Information includes Content or other information marked as “Confidential” or similar label, as well as any other Content or other information which you know or reasonably should know is confidential or proprietary to Downtown Vision, Inc. If you are not sure whether Content is Confidential Information, please contact an authorized Downtown Vision, Inc. employee for clarification, and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of Downtown Vision, Inc..
Accuracy and Integrity of Information
Although Downtown Vision, Inc. attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Downtown Vision, Inc. so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Downtown Vision, Inc. shall have no responsibility or liability for information or Content posted to the Site from any non-Downtown Vision, Inc. affiliated third party.
Access to the Site
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Downtown Vision, Inc. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by Downtown Vision, Inc. at any time with or without cause. You agree to defend, indemnify and hold Downtown Vision, Inc. harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Downtown Vision, Inc. arising out of your use or access of the Site, or any breach of these terms and conditions.
Submissions / Uploads to the Site
If you submit or upload any information or files to our site (“Submissions”), you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity, (3) post or transmit a virus or any other harmful component, or (4) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Downtown Vision, Inc. shall have the irrevocable license and right to use Submissions for its business purposes. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold Downtown Vision, Inc. harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Downtown Vision, Inc. arising out of any Submissions you post or allow to posted to the Site.
Disclaimer of Warranties
*** DOWNTOWN VISION, INC. DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. DOWNTOWN VISION, INC. SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. DOWNTOWN VISION, INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. DOWNTOWN VISION, INC. DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT DOWNTOWN VISION, INC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
Limitation of Liability Regarding Use of Site
DOWNTOWN VISION, INC. AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Links to Other Sites
Downtown Vision, Inc. makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Downtown Vision, Inc. site, please understand that it is independent from Downtown Vision, Inc., and that Downtown Vision, Inc. has no control over the Content on that Web site. In addition, a hyperlink to a non-Downtown Vision Inc. Web site does not mean that Downtown Vision, Inc. endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Downtown Vision, Inc. reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions constitute the entire agreement between Downtown Vision, Inc. and you pertaining to the subject matter hereof. In its sole discretion, Downtown Vision, Inc. may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. In the event of any dispute or claim relating to the Site or these Terms and Conditions, you agree to mandatory arbitration of such dispute in Jacksonville, Florida, through the American Arbitration Association and in accordance with Florida law.