The
eyecareadvice.com web site (the "site") is an online
information service provided by eyecareadvice ("eyecareadvice.com"),
subject to your compliance with the terms and conditions
set forth below. Please read this document carefully
before accessing or using the site. By accessing
or using the site, you agree to be bound by the
terms and conditions set forth below. If you do
not wish to be bound by these terms and conditions,
you may not access or use the site. eyecareadvice.com
may modify this agreement at any time, and such
modifications shall be effective immediately upon
posting of the modified agreement on the site.
You agree to review the agreement periodically
to be aware of such modifications and your continued
access or use of the site shall be deemed your
conclusive acceptance of the modified agreement.
Copyright, licenses and idea
submissions
The entire contents of the site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are eyecareadvice.com,
its affiliates or other third party licensors. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute, in any manner, the material
on the site, including text, graphics, code and/or software. You may print and
download portions of material from the different areas of the site solely for
your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree to grant
to eyecareadvice.com a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the site (such as bulletin
boards, forums and newsgroups) or by e-mail to eyecareadvice.com by all means
and in any media now known or hereafter developed. You also grant to eyecareadvice.com
the right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
eyecareadvice.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to eyecareadvice.com.
Trademarks
Publications, products, content or services referenced herein or on the site
are the exclusive trademarks or service marks of eyecareadvice.com. Other product
and company names mentioned in the site may be the trademarks of their respective
owners.
Use of the site
You understand that, except for information, products or services clearly identified
as being supplied by eyecareadvice.com, eyecareadvice.com does not operate,
control or endorse any information, products or services on the internet in
any way. Except for eyecareadvice.com - identified information, products or
services, all information, products and services offered through the site or
on the internet generally are offered by third parties, that are not affiliated
with eyecareadvice.com. You also understand that eyecareadvice.com cannot and
does not guarantee or warrant that files available for downloading through the
site will be free of infection or viruses, worms, trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and
the internet. eyecareadvice.com provides the site and related information "as is" and
does not make any expressed or implied warranties, representations or
endorsements whatsoever (including without limitation warranties of title
or no infringement,
or the implied warranties of merchantability or fitness for a particular
purpose) with regard to the service, any merchandise information or service
provided
through the service or on the internet generally, and eyecareadvice.com
shall not be liable for any cost or damage arising either directly or
indirectly from
any such transaction. It is solely your responsibility to evaluate the
accuracy, completeness and usefulness of all opinions, advice, services,
merchandise
and other information provided through the service or on the internet
generally. eyecareadvice.com does not warrant that the service will be
uninterrupted
or
error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited
materials some of which are sexually explicit or may be offensive to you. Your
access to such materials is at your risk. eyecareadvice.com has no control over
and accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will eyecareadvice.com be
liable for:
- any incidental, consequential, or indirect damages (including, but not
limited to, damages for loss of profits, business interruption, loss of
programs or information, and the like) arising out of the use of or inability
to use the service, or any information, or transactions provided on the
service, or downloaded from the service, or any delay of such information
or service. Even if eyecareadvice.com or its authorized representatives
have been advised of the possibility of such damages, or
- any claim attributable to errors, omissions, or other inaccuracies in
the service and/or materials or information downloaded through the service.
Because some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply
to you. In such states, eyecareadvice.com liability is limited to the greatest
extent permitted by law.
eyecareadvice.com makes no representations whatsoever about any other web site
which you may access through this one or which may link to this site. When you
access a non-eyecareadvice.com web site, please understand that it is independent
from eyecareadvice.com, and that eyecareadvice.com has no control over the content
on that web site. In addition, a link to a eyecareadvice.com web site does not
mean that eyecareadvice.com endorses or accepts any responsibility for the content,
or the use, of such web site.
Indemnification
You agree to indemnify, defend and hold harmless eyecareadvice.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
this agreement (including negligent or wrongful conduct) by you or any other
person accessing the service.
Third party rights
The provisions of paragraphs 2 (use of the service), and 3 (indemnification)
are for the benefit of eyecareadvice.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
Term; Termination
This agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (copyright, licenses and idea
submissions), 2 (use of the service), 3 (indemnification), 4 (third party rights)
and 6 (miscellaneous) shall survive any termination of this agreement.
Miscellaneous
This agreement shall all be governed and construed in accordance with the laws
of the united states of America applicable to agreements made and to be performed
in the United states of America. You agree that any legal action or proceeding
between eyecareadvice.com and you for any purpose concerning this agreement
or the parties' obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in the United States of America.
Any cause of action or claim you may have with respect to the service must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. eyecareadvice.com's failure to insist upon
or enforce strict performance of any provision of this agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of
this agreement. eyecareadvice.com may assign its rights and duties under this
agreement to any party at any time without notice to you. Any rights not expressly
granted herein are reserved.
