Terms of Use

Welcome to Kovach Eye’s website, operated by Instructional Kovach Eye Institute, Ltd. (“Kovach Eye,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the website at www.kovacheye.com (the “Website”), including the portal and related content, functionality, and services offered on or through the Website (collectively, the “Services”).
You may be accessing these Services on behalf of an organization that has been approved by Kovach Eye (the “Provider”). YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS OF USE AND, IF ENTERING INTO THESE TERMS OF USE FOR A PROVIDER, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT PROVIDER AND NO ADDITIONAL PERMISSIONS OR CONSENTS ARE NEEDED OR OTHERWISE REQUIRED; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU AND PROVIDER ARE LEGALLY BOUND BY ITS TERMS. AS APPLICABLE, “YOU” SHALL MEAN ANYONE ACCESSING OR USING THE SERVICES, OR WEBSITE ON HIS OR HER OWN BEHALF AND ON BEHALF OF THE PROVIDER. THESE TERMS OF USE APPLY WHETHER YOU ACCESS OR USE THE SERVICES AS A GUEST OR AS A REGISTERED USER.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
The Services are offered and available to users who are 18 years of age or older, and reside in the United States any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Kovach Eye and meet all the foregoing eligibility requirements. If you use the Services outside of the United States, you are solely responsible for understanding and adhering to laws applicable to your use of the Services in your jurisdiction.
THESE TERMS OF USE TAKE EFFECT BY ACCESSING OR USING THE SERVICES.
IF YOU DO NOT MEET THESE REQUIREMENTS OR IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES AND CANNOT USE, VIEW, DOWNLOAD, OR OTHERWISE USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES.

1. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page or Website from time to time so you are aware of any changes, as they are binding on you.

2. Accessing the Services and Account Security
2.1 We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Website, to users, including registered users.

2.2 You are responsible for both:
2.2.1 Making all arrangements necessary for you to have access to the Services.
2.2.2Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

2.3 To access the Services or some of the resources it offers (e.g., the Portal), you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide in connection the Services are correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on or in connection with the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

2.4 If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures (the “User Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you or anyone on whose behalf you are acting and agree not to provide any other person with access to the Services or portions of it using your User Credentials.

2.5 By enrolling in the Services and accessing it using your User Credentials, and any other security and identification methods as we may require from time to time, such as security questions or one-time passcodes, you acknowledge and agree that this system includes security procedures that are commercially reasonable. You further agree to comply with any Kovach Eye procedures and processes to obtain any User Credentials, or to further access or use the Services.

YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USER CREDENTIALS OR ANY OTHER BREACH OF SECURITY.

2.6 We have the right to disable any user account, password, User Credentials or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

3. Intellectual Property Rights

3.1 The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kovach Eye, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 These Terms of Use permit you to use the Services, including on behalf of a Provider, and only for specifically authorized business purposes, and to use/access/receive the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Services, unless you obtain our prior written approval.

3.3 You must NOT:

3.3.1 Modify copies of any materials from the Services.
3.3.2 Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
3.3.4 Access or use the Services for any commercial purposes other than as set forth above.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services are transferred to you, and all rights not expressly granted are reserved by Kovach Eye. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4. Trademarks
Kovach Eye name and all related names, logos, product and service names, designs, and slogans are trademarks of Kovach Eye or its affiliates or licensors. You must not use such marks without the prior written permission of Kovach Eye. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners and Kovach Eye disclaims any liability or responsibility thereunder.

5. Confidentiality
Except where disclosure is required for legal, accounting, or regulatory purposes, you and Kovach Eye agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, its agents or employees, without, in each instance, the prior written consent of the other party; provided, however, that you or we may disclose generally, your membership and participation in the programs and services of Kovach Eye, including Services, without your consent. You acknowledge and agree that Kovach Eye may disclose your information, without your consent or review, to the extent required or permitted by law. Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information, including complying with security procedures deemed necessary by Kovach Eye. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of Kovach Eye, and may not be used by you, your agents, employees or others, without our prior written consent. In certain circumstances, Kovach Eye may require you to enter into licensing or use agreements with regard to any software programs provided by or through Kovach Eye for you use in receiving any Services; and you hereby agree to enter into such licensing or use agreements.

6. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

6.1 In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Unites States or other countries).

6.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

6.3 To transmit or communicate any material that does not comply with the terms and conditions set out in these Terms of Use.

6.4 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

6.5 To impersonate or attempt to impersonate Kovach Eye, a Kovach Eye employee, another user, or any other person or entity (including, without limitation, by using email addresses, username, or screen names associated with any of the foregoing).

6.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Kovach Eye or users of the Services, or expose them to liability.

6.7 You may not sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Services to any other person, except Authorized Users (defined below).

Additionally, you agree not to:

6.8 Use the Services in any manner that could disable, overburden, damage, or impair the functionality or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

6.9 Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or otherwise related to the Services.

6.10 Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

6.11 Use any device, software, or routine that interferes with the proper working of the Services.

6.12 Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6.13 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

6.14 Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

7. Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

8. Information About You and Your Activity
All information we collect on the Services are subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. Reliance on Information Posted

9.1 The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
9.2 This Services includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner and advertisements. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Website.

11. Geographic Restrictions
We provide the Services and Website for use only by persons located in the United States. We make no claims that the Services or any of its Services or content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you use or access the Services or Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable and local laws.

12. Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE OR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KOVACH EYE NOR ANY PERSON ASSOCIATED WITH KOVACH EYE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER KOVACH EYE NOR ANYONE ASSOCIATED WITH KOVACH EYE REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, KOVACH EYE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. KOVACH EYE WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES, OR CLAIMS RELATED TO, DIRECTLY OR INDIRECTLY, TO THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KOVACH EYE, ITS PERSONNEL, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING OUR NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification
You agree to defend, indemnify, and hold harmless Kovach Eye, its personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) any of your, your employees’, agents’, representatives or contractors’ acts or omissions, including but not limited to negligence and willful misconduct, (2) any of the Services, (3) your violation of any applicable laws, including, without limitation, applicable data protection laws and regulations, or these Terms of Use, or (4) your use of the Services, including, but not limited to, User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

15. Governing Law and Jurisdiction
All matters relating to the Services, or Website, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in DuPage County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Waiver and Severability
No waiver by Kovach Eye of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kovach Eye to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement
The Terms of Use, our Privacy Policy, and any Additional Agreements constitute the sole and entire agreement between you and Kovach Eye regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

18. Your Comments and Concerns
The Services are operated by Kovach Eye, with an address at 152 N Addison Ave, Elmhurst, Illinois 60126, US
Phone: (630) 833-96212 ext. 202.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to the Contact Information below.

19. Contact Information
If you provide contact information to Kovach Eye, including your telephone number, mobile telephone number, email address, or mailing address, you hereby expressly consent to receive telephone calls, SMS text messages, emails, and physical mail from Kovach Eye regarding our services, subject to the terms of our Privacy Policy.
To ask questions or comment about these Terms of Use, contact us at:
Address:
Email:

20. Dispute Resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH KOVACH EYE ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KOVACH EYE.

a. Scope of Dispute Resolution Section
As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the online Services or to these Terms of Use. This Section does not apply to any of the following types of claims: (i) claims by employees of Kovach Eye related to the terms or conditions of their employment; (ii) claims by, or on behalf of, Kovach Eye patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to the patient’s medical care at any Kovach Eye facility or by a Kovach Eye Provider; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)
You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and Kovach Eye agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and Kovach Eye agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.

c. Agreement to Arbitrate Claims; Waiver of Jury Trial
By agreeing to these terms of use, both you and Kovach Eye are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the online services or these terms of use, you and Kovach Eye agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.
In addition, you and Kovach Eye agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Kovach Eye shall be sent by certified mail or courier to the address above. Your notice must include: (i) your name, street address, telephone number, the email address you use or used for your online services account (e.g., the Portal), and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. Kovach Eye will send notice to your last known street and email addresses on file, if any. Any Kovach Eye notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii) the specific relief that we are seeking.

If you and Kovach Eye cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or Kovach Eye may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.

d. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.

e. Arbitration Administration and Certain Procedures
You and Kovach Eye agree that, if and as available, any arbitration will be administered by JAMS under either its Streamlined or Comprehensive Arbitration

Rules and Procedures, as applicable (“JAMS Rules”), except as otherwise modified by these Terms. The JAMS Rules are available here: https://www.jamsadr.com/rules-streamlined-arbitration/ or https://www.jamsadr.com/rules-comprehensive-arbitration/.

The JAMS form for a written demand for arbitration is available at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.

If JAMS is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that JAMS should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on JAMS being available or willing to conduct the arbitration.

You and Kovach Eye also agree to the following relating to any arbitration proceeding:

You and Kovach Eye waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.

Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
The arbitrator will be either a retired judge or an attorney licensed to practice law in Pennsylvania and will be selected by the parties from the JAMS roster of arbitrators. If you and Kovach Eye are unable to agree to an arbitrator within fourteen (14) days of JAMS’ notice to the parties of its receipt of the arbitration demand, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
The arbitrator may award declaratory or injunctive relief only in favor of you or Kovach Eye and only to the extent necessary to provide the relief warranted by your or Kovach Eye’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or Kovach Eye.
These Terms affect interstate commerce, and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

You have the right at your own expense to be represented by an attorney of your own choosing. Kovach Eye, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Kovach Eye will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Kovach Eye for all costs and fees associated with the arbitration that Kovach Eye paid on your behalf which you otherwise would be obligated to pay under the JAMS Rules.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.