By using this website or any related Prairie Eye Doctors sites or social media pages, including Facebook, X (formerly Twitter), YouTube, or other platforms, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you are not permitted to use our website. Your continued use of the website constitutes your agreement to these Terms and Conditions. You must be at least 18 years of age to use this website. By using this website, you represent that you are at least 18 years of age and are legally able to agree to these Terms and Conditions. Our website may use cookies. By using our website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with our Privacy Policy.

​

These Terms and Conditions may be modified by Prairie Eye Doctors at any time.

​

​

Exclusion of Warranties

This site is provided “as is.” We do not warrant, represent, or guarantee:

(a) the accuracy of the information published on this website;
(b) the completeness of the information published on this website;
(c) that the information published on this website is up to date; or
(d) that the information on the website can be applied to achieve any particular result.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and guarantees relating to this website and the use of this website, including, without limitation, any warranties implied by law regarding satisfactory quality, fitness for a particular purpose, and/or the use of reasonable care and skill.

Prairie Eye Doctors does not represent or warrant that the functions contained on the website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the website available will be free of viruses or other harmful components.

 

​

Limitations of Liability

Nothing in these Terms and Conditions will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these Terms and Conditions are subject to the preceding paragraph and govern all liabilities arising under these Terms and Conditions or in relation to their subject matter, including liabilities arising in contract, tort (including negligence), and for breach of statutory duty.

 

To the extent that the website and the information and services provided through the website are available free of charge, we will not be liable for any loss or damage of any nature. In any event, we will not be liable for losses arising from events beyond our reasonable control; loss of or damage to profits, income, revenue, anticipated savings, or goodwill; special, indirect, or consequential loss or damage; or losses arising from the acts or omissions of hosting providers, payment service providers, or other third-party service providers.

 

​

Website Availability

From time to time, the website or certain features of the website may be unavailable. Such unavailability may result from defects in website software, scheduled or emergency maintenance, or failures of third-party service providers.

 

We do not guarantee that the website will be available at any particular time or that the website will continue to be published in the future.

 

 

License to Use Website

Unless otherwise stated, Prairie Eye Doctors or its licensors own the intellectual property rights in this website and the materials contained on the website. Subject to the license below, all intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set forth in these Terms and Conditions.

 

You must not:

(a) republish material from this website, including republication on another website;
(b) sell, rent, or sublicense material from the website;
(c) publicly display material from the website;
(d) reproduce, duplicate, copy, or otherwise exploit material from our website for a commercial purpose;
(e) edit or otherwise modify material on the website; or
(f) redistribute material from this website, except for content specifically and expressly made available for redistribution, such as a newsletter.

 

 

Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of its availability or accessibility, or in any way that is unlawful, illegal, fraudulent, harmful, or connected with an unlawful, illegal, fraudulent, or harmful purpose or activity.

 

You must not use our website to copy, store, host, transmit, send, use, publish, or distribute material consisting of or linked to spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious computer software.

 

You must not conduct systematic or automated data collection activities, including, without limitation, scraping, data mining, data extraction, or data harvesting, on or in relation to our website without our express written consent.

 

You must not use our website to transmit or send unsolicited commercial communications or for marketing purposes without our express written consent.

 

 

Your Content

In these Terms and Conditions, “your content” means material, including, without limitation, text, images, audio, video, and audiovisual material, that you submit to our website for any purpose.

 

You grant Prairie Eye Doctors a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media. You also grant us the right to sublicense these rights and the right to bring an action for infringement of these rights.

 

You warrant and represent that your content will comply with these Terms and Conditions.

Your content must not be illegal or unlawful, infringe upon any third party’s legal rights, or be capable of giving rise to legal action against you, Prairie Eye Doctors, or a third party.

 

Your content and its publication on our website must not:

(a) be libelous or false;
(b) be violent, threatening, obscene, or indecent;
(c infringe any copyright, moral right, database right, trademark right, design right, right of passing off, or other intellectual property right;
(d) be untrue, false, inaccurate, or misleading; or
(e) constitute spam.

 

You must not submit content that has been the subject of threatened or actual legal proceedings or another similar complaint.

 

We reserve the right to edit or remove material submitted to our website, stored on our servers, or hosted or published through our website. However, we do not undertake to monitor all content submitted to or published on the website.

 

If you become aware of content on the website that breaches these Terms and Conditions, please notify Prairie Eye Doctors through our website contact form.

 

 

Third-Party Websites

Our website may include hyperlinks to websites owned and operated by third parties. These links are provided for convenience and do not constitute recommendations or endorsements.

Prairie Eye Doctors has no control over the content of third-party websites and accepts no responsibility for them or for any loss or damage that may arise from their use.

 

 

Indemnity

You agree to indemnify Prairie Eye Doctors and keep Prairie Eye Doctors indemnified against losses, damages, costs, liabilities, and expenses, including reasonable legal expenses and amounts paid to third parties in defending or settling a claim or dispute, incurred or suffered as a result of your breach of these Terms and Conditions or a claim that you have breached these Terms and Conditions.

 

 

Breach of Terms and Conditions

Without prejudice to our other rights, if you breach these Terms and Conditions or if we reasonably suspect that you have breached them, we may:

(a) temporarily suspend your access to the website;
(b) permanently prohibit you from accessing the website;
(c) block computers using your IP address from accessing the website;
(d) contact your internet service provider and request that it block your access to the website;
(e) bring legal proceedings against you for breach of contract or otherwise; and/or
(f) suspend and/or delete your account with the website.

If we suspend, prohibit, or block your access to our website or any part of it, you must not take action to circumvent such suspension, prohibition, or blocking, including creating or using a different account.

 

 

Trademarks and Copyright

This site, including all text, designs, graphics, branding, information, data, content, and other materials displayed on or downloadable from the site, is proprietary and protected by applicable copyright, trademark, and other laws. Such materials may not be used except as specifically permitted herein or with the express prior written permission of Prairie Eye Doctors or the applicable owner of such material.

 

The contents of this site, including, without limitation, its look and feel, text, photographs, images, video, and audio, are the copyright of Prairie Eye Doctors. All rights are reserved.

 

You may not modify information or materials displayed on or downloaded from this site, create derivative works from such materials, or reproduce, publicly display, transmit, post, perform, sell, license, distribute, or otherwise use or exploit such information or materials for a public or commercial purpose without authorization.

Unauthorized use of such information or materials may violate applicable copyright laws, trademark laws, international treaties, privacy and publicity laws, and other laws and regulations.

 

Prairie Eye Doctors retains all rights with respect to its trademarks, trade names, brand names, trade dress, associated logos, and images. No license to use such trademarks, trade names, brand names, or trade dress is granted under these Terms and Conditions or through your use of this site.

 

Misuse of Prairie Eye Doctors trademarks, trade names, brand names, or trade dress displayed on the site is strictly prohibited, including the unauthorized use of Prairie Eye Doctors trademarks or names in metatags, hidden text, page content, or other materials for the purpose of influencing search engine rankings.

 

Linking to pages on this site without express written permission from Prairie Eye Doctors may be prohibited. Framing, inline linking, or otherwise associating this site or its suppliers’ software, HTML code, scripts, text, artwork, photographs, images, video, or audio with links, advertisements, or information not originating from Prairie Eye Doctors is prohibited except where expressly authorized.

 

Any permitted links to this site must comply with applicable laws, rules, and regulations. In the event of a violation of these provisions or applicable laws and regulations, Prairie Eye Doctors reserves all civil and criminal remedies available at law or in equity.

 

Prairie Eye Doctors reserves the right to block or deny access to the site to anyone at any time for any lawful reason.

 

 

SMS/Text Messaging Terms

By providing your mobile telephone number and opting in to receive text messages from Prairie Eye Doctors, you consent to receive recurring SMS and/or MMS messages from Prairie Eye Doctors. Messages may include appointment confirmations and reminders, scheduling information, patient communications, customer care messages, account or service notifications, office updates, marketing or promotional communications, and other information related to Prairie Eye Doctors and its services.

 

Message frequency may vary. Consent to receive marketing text messages is not a condition of purchasing goods or services or receiving care from Prairie Eye Doctors. Message and data rates may apply depending on your mobile carrier and service plan.

 

You may opt out of receiving text messages at any time by replying STOP to a message from Prairie Eye Doctors. After submitting an opt-out request, you may receive a final message confirming that you have been unsubscribed.

 

Other methods of opting out may not be recognized by the automated messaging system.

For assistance, reply HELP to a text message from Prairie Eye Doctors or contact the appropriate Prairie Eye Doctors location:

Minnesota Avenue Clinic: 605-731-6436
Arrowhead Parkway Clinic: 605-774-5177

 

Mobile carriers are not liable for delayed or undelivered messages. Prairie Eye Doctors may change the telephone number, short code, or other method used to send text messages at any time and is not responsible for messages that are not received as a result of such changes, carrier issues, or other circumstances outside of its reasonable control.

 

Your mobile telephone number is provided voluntarily and will be used to communicate with you in accordance with your consent and our Privacy Policy. Prairie Eye Doctors does not sell or share your mobile telephone number, SMS opt-in information, or SMS consent with third parties for their own marketing or promotional purposes. Information may be shared with service providers that assist Prairie Eye Doctors in providing its text messaging services, subject to applicable privacy and confidentiality requirements.

 

You are responsible for providing Prairie Eye Doctors with an accurate mobile telephone number and for notifying us if your number changes. By opting in, you represent that you are the subscriber or customary user of the mobile number provided and are authorized to consent to receive text messages at that number.

 

Prairie Eye Doctors may modify or discontinue its SMS messaging program or these SMS/Text Messaging Terms at any time. Your continued participation in the program following changes to these terms constitutes acceptance of the revised terms.

 

For additional information regarding how Prairie Eye Doctors collects, uses, and protects personal information, please review our Privacy Policy.

 

 

Miscellaneous

We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of our website from the date the revised Terms and Conditions are published on our website.

You agree that Prairie Eye Doctors may transfer, subcontract, or otherwise deal with any or all of its rights and/or obligations under these Terms and Conditions.

 

If any provision of these Terms and Conditions is determined by a court or other competent authority to be unlawful and/or unenforceable, the remaining provisions will continue in effect. If an unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that portion will be deemed deleted and the remainder of the provision will continue in effect.

 

These Terms and Conditions are for the benefit of you and Prairie Eye Doctors and are not intended to benefit or be enforceable by any third party.

 

These Terms and Conditions constitute the entire agreement between you and Prairie Eye Doctors in relation to your use of the website and supersede previous agreements concerning your use of the website.

In the event of a dispute regarding these Terms and Conditions, the prevailing party shall be entitled to its reasonable attorneys’ and paralegals’ fees and costs at all pre-trial, trial, and appellate levels.

 

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of South Dakota. Any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of South Dakota.

 

Effective September 2026