MEDICAL DISCLAIMER/ASSUMPTION OF RISK
The Kentucky Academy of Eye Physicians and Surgeons ("KAEPS") welcomes you to its
website. By using this site or its services you agree to be bound by the Terms of Service (TOS)
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THIS
WEBSITE AND YOU MAY NOT REGISTER AS A USER.
The information published on the kyeyemds.org website is not intended to replace consultation
with an ophthalmologist. The Academy cannot answer specific medical questions or refer you to
a particular ophthalmologist.
Unless specifically stated otherwise, the opinions expressed and statements made by various
authors on this website reflect the author's observations and do not imply endorsement by the
The KAEPS website is Not a Substitute for Medical Advice: THIS WEBSITE IS NOT
DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. All content, including
text, graphics, images, and information, available on or through this website ("Content") is for
general informational purposes only. The Content is not intended to be a substitute for
professional medical advice, diagnosis or treatment. NEVER DISREGARD PROFESSIONAL
MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU
HAVE READ ON THIS WEBSITE. NEVER RELY ON INFORMATION ON THIS WEBSITE
IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.
KAEPS Not Liable: KAEPS IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE,
COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES
OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE OR FROM YOUR
PHYSICIAN WHO MAY ACCESS INFORMATION OR SERVICES THROUGH THIS SITE.
Confirm Information with Other Sources and Your Doctor: You are encouraged to confer
with your doctor with regard to information contained on or through this website. After reading
articles or other Content from this website, you are encouraged to review the information
carefully with your professional healthcare provider.
Use of KAEPS Services with Your Doctor and Other Healthcare Providers: You agree and
acknowledge that it is your responsibility to confirm with your physician or other healthcare
providers that the website and services you are using are provided by that healthcare practice.
KAEPS is not responsible for ensuring the identity of any healthcare provider who is using
KAEPS services or for ensuring that the healthcare provider is your healthcare provider.
No Endorsements: KAEPS does not recommend or endorse any specific tests, products,
procedures, opinions, physicians, clinics, or other information that may be mentioned or
referenced on this website. The advertisers who purchase banners or otherwise sponsor or support
KAEPS and this website have no influence on the editorial content or presentation, and the
posting of advertisements is not to be taken as an implied or express endorsement of any such
product or service.
Rely At Your Own Risk: RELIANCE ON ANY INFORMATION ON THIS WEBSITE IS
SOLELY AT YOUR OWN RISK.
Potentially Offensive Materials: This website may contain health or medical-related materials,
which you may find to be offensive. KAEPS, its licensors, and its suppliers accept no
responsibility for such materials.
TERMS OF SERVICES
1. You Understand and Agree to these Definitions: The terms “You” and “User” as used here
refer to all individuals and/or entities accessing this website for any reason. The term "Website"
refers to kyeyemds.org and any KAEPS website.
2. You Are Responsible For Your Own Registration and Password: You are responsible for
maintaining the confidentiality of your information and password. You agree that you will not let
anyone other than you or your staff use your registration or password. You agree to immediately
notify the KAEPS of any unauthorized use of your registration or password by an email to
3. You Will Follow All Laws That Apply to Your Use of This Website: You agree that you
will not use this website in order to transmit, distribute, store or destroy material, including
without limitation website Content, (a) in violation of any applicable law or regulation, (b) in a
manner that will infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is
defamatory, obscene, threatening, abusive or hateful.
4. You Will Not Violate the Copyrights, Trademarks or Intellectual Property Rights of the
KAEPS or Others
A. Copyrights: The Kentucky Academy of Eye Physicians and Surgeons owns the copyright in
all contents of the kyeyemds.org website unless otherwise indicated. We present all such
copyrighted material here for personal use only as long as the copyright notice and permission
notice is included in your reproduction. We expressly prohibit reprints or electronic reproduction
of any document in part or in its entirety, unless you obtain prior written consent from the
Kentucky Academy of Eye Physicians and Surgeons or the owner of the material. Address all
applications and inquiries to the contact cited on a particular page.
B. Trademarks: All trademarks, trade names logos, brand names and service marks of KAEPS,
whether registered or unregistered, are the property of KAEPS and are protected by the US and
international trademark laws. Except as set forth in the Limited License below, any use of these
assets is prohibited without the express prior written consent of KAEPS. In no event may any
such assets be used in connection with any product or service that is not the KAEPS's, in any
matter likely to cause confusion as to the source of the product or service or in any matter that
discredits, disparages or misrepresents the KAEPS. All other trademarks, trade names, brand
names or logos appearing on this website are the property of their respective owners.
5. You Accept a Limited License: The KAEPS grants you a limited license to download the
material on this website solely for your personal, noncommercial use. If you violate any provision
of these TOS, your license to use such material terminates and you must immediately destroy any
copies you have made of any portion of the material.
6. You Agree to These Restrictions On Your Use of This Website
A. Content: You must retain all copyright, trademark, service-mark and other proprietary notices
contained in the original website content on any copy you make of the website content. You may
not sell or modify the website content or reproduce, display, publicly perform, distribute, or
otherwise use the website content in any way for any public or commercial purpose. The use of
the website content on any other website or in a networked computer environment for any
purpose is prohibited. You shall not copy or adapt the HTML code that the KAEPS creates to
generate any website content or the pages making up any KAEPS Site. It is also protected by the
B. Security and Integrity: You are prohibited from violating or attempting to violate the security
of this website, including, without limitation, (a) accessing data not intended for such user or
logging into a server or account which the user is not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting a virus to the website,
overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited email,
including promotions and/or advertising of products or services, or (e) forging any TCP/IP
packet header or any part of the header information in any e-mail or newsgroup posting.
7. You Agree That the KAEPS Is Not Liable For Your Use of this Website
A. No Warranty: All information materials, products and services contained on this website or
provided through this website, including all text, graphics, links, animation, java script, cookies
or documents, are provided on an "as is" basis without any warranties of any kind, either express
or implied. To the maximum extent permitted by law, KAEPS and its content providers, suppliers
and affiliates disclaim all representations and warranties express or implied, included but not
limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement,
freedom from computer virus strains and implied warranties arising from course of dealing or
course of performance.
B. Limitation of Liability: In no event shall KAEPS nor any of its managers, employees,
suppliers, affiliates or agents be liable for any direct damages in excess of the purchase price for
the product or service, or, if no purchase price was paid or charged, the sum of $100.00. In
addition, to the maximum extent permitted by law, in no event shall KAEPS nor any of its
managers, employees, suppliers, affiliates or agents be liable for any special, punitive, indirect or
consequential damages or any other damages of any kind not limited to personal injury, wrongful
death, loss of use, lost profits, interruption of service or loss of data, whether in any action or
claim including but not limited to claims for negligence, breach of contract, or tort, or in any way
connected with use of this website, the inability to access this website or use of any material,
information or services, or products, contained on, or obtained through this website.
C. Links to Other Sites: This website contains links to third party websites. These links are
provided solely as a convenience to you and not as an endorsement by the KAEPS of the contents
on such third-party websites. The KAEPS is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy of materials on
such third party websites. If you decide to access linked third party websites, you do so at your
8. Indemnification: You agree to indemnify, defend, and hold harmless KAEPS, its officers,
directors, employees, agents, licensors, suppliers, and affiliates from and against any claims,
actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and
accounting fees resulting from, or alleged to result from, your violation of these TOS or any
activity related to your account (including infringement of third parties' worldwide intellectual
property rights or negligent or wrongful conduct) by you or any other person accessing KAEPS
website using your account.
9. Entire Agreement: These TOS and all other legal notices (including but not limited to the
and KAEPS with respect to the use of the website and services. Your use of the KAEPS website
terms and conditions that may apply when you use affiliate services, third-party content, or thirdparty
10. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or
other legal notices posted by KAEPS on this website shall not constitute a waiver of such right or
provision. No waiver of any of these Terms of Service or of any other legal notices posted by
KAEPS on this website shall be deemed a further or continuing waiver of such term or condition
or any other term or condition.
11. Severability: If any provision of the TOS or of any other legal notices posted on this website
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOS should remain in full force and effect.
12. Assignment: KAEPS may assign its rights and duties under this Agreement to any party at
any time without notice to you and/or your approval.
13. Headings: The section titles in this TOS Agreement are for convenience only and have no
legal or contractual effect.
14. Notices: If you have questions or comments regarding this website, please contact us at
firstname.lastname@example.org, or by post at 9959 Allisonville Road, Fishers, IN 46038.
Your continued use of this website will be deemed a consent to this disclaimer and a waiver of any
claims you may have against KAEPS for reliance on the materials contained on this website.