This Agreement provides the
agreed-to terms and conditions of use for this Amsler App ("hereinafter
As used herein "Provider" means Robert Garoon, Ira Garoon, their affiliates, professional corporations, subsidiaries, successors, agents, employees, and assignees. As used herein, "User" means any person or entity who makes use of this App. You the User, as a condition precedent to your making any use of this App, hereby agree to all of the terms and conditions stated herein, and you also specifically agree to the disclaimer(s) stated herein and/or implied as a matter of law. User hereby acknowledges and agrees that the use of this App and its content does not constitute or imply the providing of professional medical or other health care advice or service, and is not to be used to self-diagnose or treat a medical or eye condition. This App is intended for educational/information purposes only. This App's link to other sites, including the American Academy of Ophthalmology, Dr. Ira Garoon, and other medical practices, does not constitute an assigned or approved referral or consultation request, and dos not constitute User's entry into a doctor/patient relationship with Provider. It is hereby agreed that Providers and each of them shall not be liable or responsible for any content, accuracy or opinions expressed. At no time are Providers obligated to provide Users medical consultation or follow up, or provide office appointment or emergency or hospital care or surgery for any request through this App. It is further agreed that Providers are not liable or responsible for any failure of App from software, hardware or update in its content including inaccuracies, typographical errors, viruses, spyware or malware. The User acknowledges, agrees and understands that treatment and/or therapy for any medical disease or condition and, in particular, Macular Degeneration, is constantly evolving and must start from an in-person medical examination by a qualified doctor, and so any content in this App referring to such diagnostic or treatment plans is intended for discussion and informational purposes only. Providers do not warrant, state or imply that this App is updated to reflect the ever-evolving changes in medicine to meet the User's general or medical condition or needs. The Provider has no obligation to provide updates, maintenance or support. The provider does not state, warrant, or guarantee that this App will be free of viruses. User hereby expressly agrees that under no circumstances will Provider be liable to User for any medical, legal, financial, business, technical or reputation damages or losses including: litigation, legal fees, punitive damages, or charges incurred. If you the User do not agree to all the terms and conditions of this Agreement and its limitations of liability, the Provider does not agree to or authorize your use of this App for any purpose whether on your device or another device not owned by you the User. The unauthorized use or display of this App or any of its content or materials is explicitly prohibited. All title, right, and interest in the content, source code, and intellectual property right is owned and controlled by Provider. User hereby agrees that User shall not use this App in any way that might or could be harmful or injurious to the Provider including the Provider's reputation, goodwill, and business interests, or that might or could impair, disable, damage, or modify this App or the Provider's medical practice, website, or business. The User hereby specifically agrees not to use this App for any unlawful purpose, including hacking, data-mining, reverse engineering or any attempt to obtain this App's source code. The User also acknowledges, and agrees that the content, source code, methodology and mode of practice of this App and Provider's business and medical practice are proprietary, and highly confidential. The Provider reserves the right to consider any such violation or attempt a breach of this Agreement. You the User agree to indemnify, and hold harmless the Provider, affiliates, agents, successors, and assignees from any and all claims, actions, suits, proceedings, costs, expenses, damages, liabilities, and attorney fees arising from or in any way related to your use of this App's information obtained through this App. It is hereby agreed that this Agreement shall be construed and interpreted under and governed by the laws of the state of Illinois and the United States of America. By your use of this App, you hereby agree that the forum for any dispute arising out of or in connection with your use of this App shall be in Cook County, Illinois' state courts in Chicago, IL. In addition, by your use of this App, you agree that Illinois' State Court shall have both subject matter and personal jurisdiction over any such dispute, and you the User, and User hereby waives any challenges to forum jurisdiction in Chicago IL., and hereby accepts venue there for any such actions. User agrees to pay all Providers expenses associated with any litigation arising from or in connection with User's use of this App, including Provider's attorney's fees and court fees as well as loss of business income.