Terms and Conditions for Ares Elite Sports Vision
Effective Date: [03/06/2023]
These Terms and Conditions (the "Terms") govern your use of the Ares Elite Sports Vision LLC (“Ares Elite Sports Vision”) website (the “Website”) and all services provided by Ares Elite Sports Vision. By accessing or using this Website, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Website and any services provided by Ares Elite Sports Vision.
1. Acceptance of Terms
By accessing or using the Website and our services, you agree to these Terms. These Terms apply to all users of the Website and services, including visitors, clients, and others who access or use the Website.
2. Description of Services
Ares Elite Sports Vision provides specialized services, including but not limited to:
Sports Vision Performance Evaluations
Concussion Evaluations
Sports Vision Training
Ares Elite Academy (online at-home sports vision training)
Tele-training sessions
General glasses and contact lens examinations and follow-ups
All services are subject to availability and may be modified or discontinued without notice. By using our services, you agree to any additional guidelines or terms specific to the service you are using.
3. Right to Refuse or Cancel Service
Ares Elite Sports Vision reserves the right to refuse, suspend, or cancel services at its sole discretion and without prior notice, to the fullest extent allowed under Indiana law. This includes, but is not limited to, the following situations:
Violation of Terms: Failure to comply with these Terms and any specific guidelines for our services.
Inappropriate Conduct: Inappropriate, illegal, or unethical behavior by the client or their affiliates, including harassment, abuse, or disruptive actions toward our staff, other clients, or third parties.
Failure to Adhere to Guidelines: Non-compliance with any instructions or guidelines specific to the services provided by Ares Elite Sports Vision.
Facility Usage: Ares Elite Sports Vision reserves the right to refuse or cancel services if a conflict arises related to the facilities we rent or utilize for service delivery. This includes any previous or current conflicts of interest with the facility owners, managers, or other service providers at those facilities, as well as any unforeseen circumstances, such as changes in facility terms of service, access restrictions, or other operational issues beyond our control.
Conflict of Interest: If any known or unknown conflicts of interest arise that compromise Ares Elite Sports Vision’s ability to provide services in a professional and unbiased manner, we reserve the right to refuse or cancel services to protect the integrity of our operations.
Unknown or Unforeseen Circumstances: Any additional or unknown circumstances that may emerge, including but not limited to, logistical issues, legal concerns, safety risks, or events beyond the reasonable control of Ares Elite Sports Vision that may affect our ability to provide services or access to facilities.
Ares Elite Sports Vision will not be liable for any direct or indirect losses, including but not limited to fees, damages, or costs incurred by the client as a result of the refusal, suspension, or cancellation of services. By using our services, you agree to waive any claims of liability or damages arising from our decision to refuse, suspend, or cancel services in any of the aforementioned situations.
4. User Interactions and Responsibilities
Users may book evaluations, training sessions, tele-sessions, consultation calls, and access general information about sports vision optometry. You are responsible for ensuring that all information provided during the booking or registration process is accurate and up-to-date. Users agree to adhere to all guidelines and protocols provided by Ares Elite Sports Vision for the participation in these services.
Failure to comply with such guidelines may result in the termination of services without notice or refund.
5. Intellectual Property
All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of Ares Elite Sports Vision or its licensors and is protected by intellectual property laws, including copyright and trademark laws. Unauthorized use, reproduction, or distribution of this content is strictly prohibited.
6. Data Collection and Privacy
Ares Elite Sports Vision collects personal information, including but not limited to names, email addresses, and health-related data, in compliance with relevant privacy laws, including HIPAA. By using the Website or our services, you consent to the collection and use of your personal information as outlined in our Privacy Policy. Please refer to our [Privacy Policy] for further details.
7. User-Generated Content
Users may be allowed to submit content such as comments, reviews, or other submissions. By submitting content, you agree that:
Your content does not infringe on the intellectual property or privacy rights of any third party
Your content does not contain offensive, defamatory, or unlawful material
Ares Elite Sports Vision reserves the right to remove any user-generated content that violates these Terms or that we deem inappropriate. You grant Ares Elite Sports Vision a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute any such content you submit.
8. Compliance with Healthcare Laws
All services provided by Ares Elite Sports Vision are in compliance with applicable federal and Indiana state healthcare laws, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA). We adhere to professional licensing requirements for optometrists and other healthcare providers in the State of Indiana.
9. Limitation of Liability
To the fullest extent permitted by law, Ares Elite Sports Vision and its affiliates, employees, agents, and service providers shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of our services, the Website, or the inability to use our services or Website, even if Ares Elite Sports Vision has been advised of the possibility of such damages.
This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ares Elite Sports Vision has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the extent permitted by law.
10. Amendments to Terms
Ares Elite Sports Vision reserves the right to modify, amend, or update these Terms at any time, and such modifications shall become effective upon posting. It is your responsibility to review these Terms regularly for any changes. Continued use of the Website and our services after the posting of any modifications constitutes acceptance of those changes.
11. Dispute Resolution and Governing Law
Any disputes arising out of or related to these Terms or your use of the Website and services shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. You agree that any disputes shall be resolved exclusively through binding arbitration in [county name], Indiana, in accordance with the rules of the American Arbitration Association, and you waive the right to participate in any class action lawsuit against Ares Elite Sports Vision.
12. Usage Restrictions and Accessibility
This Website is intended for individuals who are at least 18 years old or have obtained parental consent. We strive to ensure that our Website is accessible to all users in compliance with relevant laws and guidelines.
13. Third-Party Links
The Website may contain links to third-party websites. Ares Elite Sports Vision does not endorse, monitor, or have any control over these external websites and is not responsible for the content or privacy practices of such websites. You access third-party links at your own risk.
Acknowledgment
By using this Website and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should immediately cease using the Website and our services.