Terms of
Service Agreement
Welcome to VISION CARE AGENCY AND ITS SUBSIDIARIES located
at 117A
East 29th Street Brooklyn NY 11226 USA. By using the website located at https://www.visioncare.agency or its redirect to
the related mobile website, and the mobile application (collectively, the
“Websites”), you agree to be bound by these Terms of Service (this “Terms of
Service” or “Agreement”), whether or not you register as a member of https://www.visioncare.agency or its redirect
("Member"). If you wish to become a member and/or make use of the
service (the “Service”), please read this Agreement. If you object to anything
in this Agreement or thehttps://www.visioncare.agency or its
redirect https://www.visioncare.agency or its redirect]
Privacy Policy, do not use the Service.
This Agreement is subject to change by https://www.visioncare.agencyor its redirect at
any time, effective upon posting on the relevant website. Your continued use of
the Websites and the Service following https://www.visioncare.agency or its
redirect posting of revised terms of any section of the Agreement will
constitute your express and binding acceptance of and consent to the revised
Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS,
INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE
THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic
contract that sets out the legally binding terms of your use of the Websites
and the Service. This Agreement may be modified by https://www.visioncare.agency or its
redirect from time to time, such modifications to be effective upon
posting by https://www.visioncare.agency or its
redirect on the Websites. By accessing and/or using the Websites or
becoming a member, you accept this Agreement and agree to the terms, conditions
and notices contained or referenced herein.
1. Access and Retention. In order to access
and retain this electronic Agreement, you must have access to the Internet,
either directly or through devices that access web-based content and pay any
service fees associated with such access. In addition, you must use all
equipment necessary to make such a connection to the World Wide Web, including
a computer and modem or another access device. Please print a copy of this
document for your records. To retain an electronic copy of this Agreement, you
may save it into any word processing program.
2. Commercial Use of Service. If you are
using the Service and/or accessing the Websites on behalf of a company, entity,
or organization (collectively, a “Subscribing Entity”), you represent and
warrant that:
a. You are an authorized representative of the Subscribing
Entity, and you have the authority to bind the Subscribing Entity to these
Terms of Service.
b. You have read and understood this Terms of Service; and
c. You agree to these Terms of Service on behalf of the
Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include
but are not limited to, browsing or downloading illegal content, collecting
usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email, unauthorized framing of or linking to
the Websites, sharing or disclosing your username or password to any third
party or permitting any third party to access your account, attempting to
impersonate another user or person, use of the Websites in any fraudulent or
misleading manner, any automated use of the system, such as scraping the
Websites, automated scripts, spiders, robots, crawlers, data mining tools or
the like, interfering with, disrupting, or creating an undue burden on the
Websites or the networks or services connected to the Websites, and using the
Websites in a manner inconsistent with any and all applicable laws and
regulations. Illegal and/or unauthorized use of the Websites may be
investigated, and appropriate legal action may be taken, including without
limitation, civil, criminal, and injunctive redress. Use of the Websites and
Service is with the permission of https://www.visioncare.agency or its
redirect which may be revoked at any time, for any reason, in https://www.visioncare.agency or its
redirect sole discretion.
3. Account Security. You are responsible
for maintaining the confidentiality of the username and password that you designated
during the registration process, and you are fully responsible for all
activities that occur under your username and password. You agree to (a)
immediately notify https://www.visioncare.agency or its
redirect of any unauthorized use of your username or password or any other
breach of security, and (b) ensure that you exit from your account at the end
of each session. https://www.visioncare.agencyor its redirect will
not be liable for any loss or damage arising from your failure to comply with
this provision. You should use caution when accessing your account from a
public or shared computer so that others are not able to view or record your
password or other personal information. If you share your computer with others,
you may wish to consider disabling your auto-login feature if you have it
linked to your https://www.visioncare.agency or its
redirect account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or
capture, any content from the Websites (the “Content”) or any part of the
Websites unless given express permission by https://www.visioncare.agency or its redirect.
c. You must not copy, republish, adapt, make available or
otherwise communicate to the public, display, perform, transfer, share,
distribute or otherwise use or exploit any Content on or from the Platform,
except (i) where such Content is created by you (such content, “Your Content”),
or (ii) as permitted under these Terms of Service, and within the parameters
set by the person or entity that uploaded the Content (the “Uploader”) (for
example, under the terms of Creative Commons licenses selected by the Uploader).
d. You must not use any Content (other than Your Content)
in any way that is designed to create a separate content service or that
replicates any part of the Websites’ offering.
e. You must not employ scraping or similar techniques to
aggregate, repurpose, republish, or otherwise make use of any Content.
f. You must not employ the use of bots, botnets, scripts,
apps, plugins, extensions, or other automated means to register accounts,
log inn, post comments, or otherwise act on your behalf, particularly
where such activity occurs in a multiple or repetitive fashion. You must not
offer or promote the availability of any such techniques or services to any
other users of the Websites.
g. You must not alter or remove, or attempt to alter or
remove, any trademark, copyright, or other proprietary or legal notices
contained in, or appearing on, the Websites or any Content appearing on the
Websites (other than Your Content).
h. You must not, and must not permit any third party to,
copy or adapt the object code of the Websites, or reverse engineer, reverse
assemble, decompile, modify or attempt to discover any source or object code of
any part of the Websites, or circumvent or attempt to circumvent or copy any
copy protection mechanism or access any rights management information
pertaining to Content other than Your Content.
I. You must not use the
Websites to upload, post, store, transmit, display, copy, distribute, promote,
make available, or otherwise communicate to the public:
● any
Content that is offensive, abusive, libelous, defamatory, obscene, racist,
sexually explicit, ethnically or culturally offensive, indecent, that promotes
violence, terrorism, or illegal acts, incites hatred on grounds of race,
gender, religion, or sexual orientation, or is otherwise objectionable in https://www.visioncare.agency or its
redirect sole and reasonable discretion;
● any
information, Content, or other material that violates, plagiarizes,
misappropriates, or infringes the rights of third parties including, without
limitation, copyright, trademark rights, rights of privacy or publicity,
confidential information, or any other right; or
● any
Content that violates, breaches, or is contrary to any law, rule, regulation,
court order or is otherwise illegal or unlawful inhttps://www.visioncare.agency or its
redirect sole and reasonable opinion.
● any
material of any kind that contains any virus, Trojan horse, spyware, adware,
malware, bot, time bomb, worm, or another harmful or malicious component, which
will or might overburden, impair or disrupt the Websites or servers
or networks forming part of, or connected to, the Websites, or which does or
might restrict or inhibit any other user's use and enjoyment of the Websites;
or
● any
unsolicited or unauthorized advertising, promotional messages, spam or any
other form of solicitation.
j. You must not commit or engage in, or encourage,
induce, solicit, or promote, any conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law or
regulation.
k. You must not rent, sell or lease access to the Websites,
or any Content on the Websites, although this will not prevent you from
including links from Your Content to any legitimate online download store from
where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or
entity or otherwise misrepresent your affiliation with a person or entity, for
example, by registering an account in the name of another person or company,
sending messages, or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse, or
otherwise harass another user, or any https://www.visioncare.agency or its
redirect employee. If we feel that your behavior towards any of our
employees is at any time threatening or offensive, we reserve the right to
immediately terminate your membership and you will not be entitled to any
refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or
transfer, any https://www.visioncare.agency or its
redirect account to any third party without the prior written approval
of https://www.visioncare.agency or its redirect.
o. You must not collect or attempt to collect personal
data, or any other kind of information about other users, including without
limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate
or circumvent any data security measures employed by https://www.visioncare.agency or its
redirect or any Uploader; access or attempt to access data or materials
which are not intended for your use; log into, or attempt to log into, a server
or account which you are not authorized to access; attempt to scan or test the
vulnerability of https://www.visioncare.agency or its redirect,
system or network or attempt to breach https://www.visioncare.agency or its
redirect data security or authentication procedures; attempt to interfere
with the Websites or the Services by any means including, without limitation,
hacking https://www.visioncare.agency or its
redirect servers or systems, submitting a virus, overloading, mail-bombing
or crashing. Without limitation to any other rights or remedies ofhttps://www.visioncare.agency or its
redirect under these Terms of Service, https://www.visioncare.agency or its
redirect reserves the right to investigate any situation that appears to
involve any of the above, and may report such matters to, and cooperate with,
appropriate law enforcement authorities in prosecuting any users who have
participated in any such violations.
You agree to comply with the above conditions and
acknowledge and agree that https://www.visioncare.agency or its
redirect has the right, in its sole discretion, to terminate your account
or take such other action as we see fit if you breach any of the above
conditions or any of the other terms of these Terms of Service. This may
include taking court action and/or reporting offending users to the relevant
authorities.
5. Representations and Warranties. You
hereby represent and warrant to https://www.visioncare.agency or its
redirect as follows:
a. Your Content, and each and every part thereof, is an
original work by you, or you have obtained all rights, licenses, consents and
permissions necessary in order to use, and (if and where relevant) to authorize https://www.visioncare.agency or its
redirect to use, Your Content pursuant to these Terms of Service,
including, without limitation, the right to upload, reproduce, store, transmit,
distribute, share, publicly display, publicly perform, make available and
otherwise communicate to the public Your Content, and each and every part
thereof, on, through or via the Websites, any and all Services and any third
party services.
b. Your Content and the availability thereof on the
Platform does not and will not infringe or violate the rights of any third
party, including, without limitation, any intellectual property rights,
performers' rights, rights of privacy or publicity, or rights in confidential
information.
c. You have obtained any and all necessary consents,
permissions, and/or releases from any and all persons appearing in Your Content
in order to include their name, voice, performance, or likeness in Your Content
and to publish the same on the Websites and via any third party services.
d. Your Content, including any comments that you may post
on the Websites, is not and will not be unlawful, offensive, abusive, libelous,
defamatory, obscene, racist, sexually explicit, ethnically or culturally
offensive, indecent, will not promote violence, terrorism, or illegal acts, or
incite hatred on grounds of race, gender, religion or sexual orientation.
e. Your Content does not and will not create any liability
on the part of https://www.visioncare.agency or its redirect its
subsidiaries, affiliates, successors, and assigns, and their respective
employees, agents, directors, officers, and/or shareholders.
https://www.visioncare.agency or its
redirect reserves the right to remove Your Content, suspend or terminate
your access to the Platform and/or pursue all legal remedies if we believe that
any of Your Content breaches any of the foregoing representations or
warranties, or otherwise infringes another person's rights or violates any
law, rule, or regulation.
6. Term. This Agreement will remain in
full force and effect while you use the Websites and/or Service. You may
terminate your membership and/or subscription at any time by contacting us
at 13477596189 If you resign or cancel your membership and/or
subscription to https://www.visioncare.agency or its
redirect to help https://www.visioncare.agency or its
redirect analyze and improve the Service, you may be asked to provide a
reason for your resignation/cancellation. https://www.visioncare.agency or its
redirect may terminate your membership and/or subscription for any reason
by sending a notice to you at the email address you provide in your application
for membership, or such other email address as you may later provide to https://www.visioncare.agency or its
redirect. If https://www.visioncare.agency or its
redirect terminates your membership in the Service because you have
breached this Agreement, you will not be entitled to any refund of unused
subscription fees. All decisions regarding the termination of accounts shall be
made in the sole discretion of https://www.visioncare.agency or its
redirect. https://www.visioncare.agency or its
redirect is not required to provide you notice prior to terminating your
membership and/or subscription. https://www.visioncare.agency or its
redirect is not required and may be prohibited from disclosing a
reason for the termination of your account. Even after your membership or
subscription is terminated, this Agreement will remain in effect. All terms
that by their nature may survive termination of this Agreement shall be deemed
to survive such termination.
7. Modifications to Service.https://www.visioncare.agency reserves the right
at any time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that https://www.visioncare.agency or its
redirect shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Service.
8. Blocking of IP Addresses. To protect
the integrity of the Services, https://www.visioncare.agency or its
redirect reserves the right at any time in its sole discretion to block
Members from certain IP addresses from accessing the Websites.
9. Content.
a.
Proprietary Rights. https://www.visioncare.agency or its redirect
retains all proprietary rights in the Websites and the Service. The Website
contains the copyrighted material, trademarks, and other proprietary
information of https://www.visioncare.agency or its redirect and
its licensors. Except where we have given you express written permission, you
may not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information. All content on https://www.visioncare.agency or its redirect
is
proprietary. Except where otherwise specified in this Agreement, all Content is
the copyrighted material of https://www.visioncare.agency or its redirect and
for https://www.visioncare.agency or its
redirect Members' use only. Distribution of Content to others is
strictly prohibited. You agree that https://www.visioncare.agency or its redirect
would be irreparably harmed by any violation or threatened violation of this
section and that, therefore, https://www.visioncare.agency or its redirect
shall be entitled to an injunction prohibiting you from any
violation or threatened violation of this section, without posting bond, in
addition to any other right or remedy it may have.
We may
provide links to third-party websites, and some of the content appearing
on https://www.visioncare.agency or its redirect may
be supplied by third parties. https://www.visioncare.agency or its redirect has
no responsibility for these third-party websites nor for their content, which
is subject to and governed by the Terms of Service and/or privacy policies, if
any, of the applicable third-party content providers.
b. Ownership of Your Content; Licenses.
You
agree that any content you upload to the Websites and/or the Service (“Your
Content”) shall become the property of https://www.visioncare.agency or its
redirect. This shall have no effect on Sections ___ (Copyright Policy),
_____ (Limitation of Liability), and _____ (Indemnity by You) of this
Agreement.
However,
with respect to Your Content, https://www.visioncare.agency or its redirect
grants you a worldwide, royalty-free, and non-exclusive
license(s) to use, distribute, reproduce, and publicly display such content,
except with regard to commercial or for-profit use accounts.
Any Content other than Your Content is the property of the
relevant Uploader and is or may be subject to copyright, trademark rights, or
other intellectual property or proprietary rights. Such Content may not be
downloaded, reproduced, distributed, transmitted, re-uploaded, republished,
displayed, sold, licensed, made available, or otherwise communicated to the
public or exploited for any purposes except via the features of the Websites
from time to time and within the parameters set by the Uploader on the Service
or with the express wrote consent of the Uploader. Where you repost another
user's Content or include another user's Content in a set, you acquire no
ownership rights whatsoever in that Content. Subject to the rights expressly
granted in this section, all rights in Content are reserved to the relevant
Uploader.
10. Restrictions
on Use of Materials. You acknowledge thathttps://www.visioncare.agency or its
redirect contains images, text, and other content (collectively,
"Intellectual Property") that is protected by copyrights, patents,
trademarks, trade secrets, and/or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies existing
now or hereafter developed. All Intellectual Property is copyrighted under the
United States copyright laws (and, if applicable, similar foreign laws),
and https://www.visioncare.agency or its
redirect owns a copyright in the selection, coordination, arrangement, and
enhancement of such Intellectual Property. All trademarks appearing on this
Website are trademarks of their respective owners. You may not modify, publish,
transmit, distribute, perform, participate in the transfer or sale, create
derivative works of, or in any way exploit, any of the Intellectual Property,
in whole or in part. When Intellectual Property is downloaded to your computer,
you do not obtain any ownership interest in such Intellectual Property.
Modification of the Intellectual Property or use of the Intellectual Property
for any other purpose, including, but not limited to, use of any Intellectual
Property in printed form or on any other website or networked computer
environment is strictly prohibited unless you receive our prior written
consent.
11. Copyright
Policy. https://www.visioncare.agency or its
redirect prohibits the submission or posting of any information that
infringes or violates the copyright rights and/or other intellectual property
rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2)
or for any other claim of copyright infringement, you hereby agree that
notifications of claimed copyright infringement be sent by certified mail to:
[insert address]
If you
believe that your intellectual property right (or such a right that you are
responsible for enforcing) is infringed by any content on the Site, please
write to https://www.visioncare.agency or its
redirect at the address shown above, giving a written statement that
contains:
a. identification of the copyrighted work and/or
intellectual property right claimed to have been infringed.
b. identification of the allegedly infringing material on
the Site that is requested to be removed.
c. your name, address, daytime telephone number, and e-mail
address if available.
d. a statement that you have a good faith belief that the
use of the copyrighted work and/or exercise of the intellectual property right
is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is
accurate, and, under penalty of perjury, that the signatory is authorized to
act on behalf of the owner of the right that is allegedly infringed; and
f. the signature of the intellectual property right owner
or someone authorized on the owner's behalf to assert infringement of the
right.
https://www.visioncare.agency or its
redirect will process any notice of alleged infringement that it receives
and will take appropriate action as required by the Digital Millennium
Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law.
U.S. law provides significant penalties for submitting such a statement
falsely. Under appropriate circumstances, persons who repeatedly submit
infringing or unlawful material will be prohibited from posting further
submissions.
12. Liability
for Content. You hereby acknowledge and agree that [Site name] (i)
stores Content and other information at the direction, request, and
authorization of its users, (ii) acts merely as a passive conduit and/or host
for the uploading, storage, and distribution of such Content, and (iii) plays
no active role and gives no assistance in the presentation or use of the
Content. You are solely responsible for all of Your Content that you upload,
post, or distribute to, on or through the Websites, and to the extent
permissible by law, https://www.visioncare.agency or its
redirect excludes all liability with respect to all Content (including
Your Content) and the activities of its users with respect thereto.
You
hereby acknowledge and agree that https://www.visioncare.agency or its redirect
cannot
and does not review the Content created or uploaded by its users, and
neither https://www.visioncare.agency nor its
redirect nor its subsidiaries, affiliates, successors, assigns, employees,
agents, directors, officers, and shareholders have any obligation, and does not
undertake or assume any duty, to monitor the Websites for Content that is
inappropriate, that does or might infringe any third party rights, or has
otherwise been uploaded in breach of these Terms of Service or applicable law.
https://www.visioncare.agency or
its redirect and its subsidiaries, affiliates, successors, assigns,
employees, agents, directors, officers, and shareholders hereby exclude, to the
fullest extent permitted by law, any and all liability that may arise from any
Content uploaded to the Websites by users, including, but not limited to, any
claims for infringement of intellectual property rights, rights of privacy or
publicity rights, any claims relating to the publication of defamatory,
pornographic, obscene or offensive material, or any claims relating to the
completeness, accuracy, currency or reliability of any information provided by
users of the Websites. By using the Websites, you irrevocably waive the right
to assert any claim with respect to any of the foregoing against https://www.visioncare.agency or its
redirect or any of its subsidiaries, affiliates, successors, assigns,
employees, agents, directors, officers, or shareholders.
13. Repeat
Infringers. https://www.visioncare.agencyor its redirect will
suspend or terminate your access to the Websites if https://www.visioncare.agency or its
redirect determines, in its sole and reasonable discretion, that you have
repeatedly breached these Terms of Service.
If we receive a valid notification from a third party in
accordance with our reporting processes or applicable law that any of Your
Content infringes the copyright or other rights of such third party, or if we
believe that your behavior is inappropriate and violates our Terms of Service,
we will send you a written warning to this effect. Any user that receives more
than two of these warnings is liable to have their access to the Websites
terminated forthwith.
We will
also suspend or terminate your account without warning if ordered to do so by a
court, and/or in other appropriate circumstances, as determined byhttps://www.visioncare.agency or its redirect at
its sole discretion.
Please note that we do not offer refunds to Members whose
accounts are terminated because of repeated infringement of these Terms of
Service.
14. Limitation
of Liability. In no event shallhttps://www.visioncare.agency or its
redirect be liable for any damages whatsoever, whether direct, indirect,
general, special, compensatory, consequential, and/or incidental, arising out
of or relating to the Websites or Service, or use thereof. Nothing contained in
this Website or in any written or oral communications from https://www.visioncare.agency or its
redirect or its employees or agents shall be construed to make any
promise, covenant, or guarantee, all of which are explicitly disclaimed hereby,
contrary to the statements and disclaimers contained in this paragraph.
The
content and functionality on the Websites and the services provided by
employees of the Websites are offered "as is" without warranty of any
kind, either express or implied, including, without limitation, implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement. https://www.visioncare.agency or its
redirect makes no warranties, express or implied, as to the ownership,
accuracy, completeness, or adequacy of the Websites’ content or that
the functionality of the Websites will be uninterrupted or error-free, or free
from virus or third-party attack. You hereby acknowledge that your use of the
Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES
SHALL https://www.visioncare.agency or its
redirect ITS OFFICERS, OWNERS, EMPLOYEES, OR AGENTS, AND THEIR RESPECTIVE
HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY
OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE
OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF https://www.visioncare.agency or its
redirect HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES
AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN
NO EVENT WILL [Site name] HAVE ANY LIABILITY, CONTINGENT OR
OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE
SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF
GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT;
WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT
ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES,
EVEN IF [Site name] HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT,
STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the
event that any of the foregoing limitations are deemed to be unenforceable, to
the greatest extent permitted by law, you agree that the entire aggregate
liability of [Site name] and sole remedy available to any
Member in any case in any way arising out of or relating to the Agreement,
Websites or the Service shall be limited to monetary damages that in the
aggregate may not exceed the greater of $500.00 or the sum of any amount paid
by the Member or user tohttps://www.visioncare.agency or its redirect
during
the six months prior to notice to https://www.visioncare.agency or its redirect
of the dispute for which the remedy is sought.
15. Indemnity
by You. You agree to indemnify and hold https://www.visioncare.agency or its redirect
its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of
this Agreement and/or arising from a breach of this Agreement including without
limitation your representations and warranties set forth above.
b. any third party claim of infringement of copyright or
other intellectual property rights or invasion of privacy arising from the
hosting of Your Content on the Websites, and/or your making available thereof
to other users of the Websites, and/or the actual use of Your Content by other
users of the Websites or related services in accordance with these Terms of
Service and the parameters set by you with respect to the distribution and
sharing of Your Content;
c. any
activity related to your account, either by you or by any other person
accessing your account with or without your consent unless such activity was
caused by the act of https://www.visioncare.agency or its redirect.
16. Attorney
Fees. If https://www.visioncare.agency or its
redirect is successful in whole or in part in any action or proceeding
related to or arising from this Agreement, you shall be responsible forhttps://www.visioncare.agency or its
redirect attorneys' fees and costs.
17. Parental or Guardian Permission. Some
of the Content on the Websites may not be appropriate for children. CHILDREN
UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING
PARENT OR GUARDIAN IS PRESENT.
18. Privacy. Use of the Websites and/or
the Service is also governed by our Privacy Policy, located at https://www.visioncare.agency
19. Jurisdiction and Choice of Law; Dispute
Resolution. If there is any dispute arising out of the Websites and/or
the Service, by using the Websites and/or Service, you expressly agree that any
such dispute shall be governed by the laws of the State of New York, without
regard to its conflict of law provisions, and you expressly agree and consent
to the exclusive jurisdiction and venue of the state and federal courts of the
State of New York, for the resolution of any such dispute. Acceptance of the
terms and conditions of this Agreement constitutes your consent to be sued in
such courts and to accept service of process outside the State of New York with
the same force and effect as if such service had been made within the State of
New York. You hereby agree to accept service of process for any action hereunder
by certified mail return receipt requested which service shall have the same
force and effect as though service had been affected by personal service in the
applicable jurisdiction. If any part of these terms is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of the remaining provisions.
20. Arbitration Provision/No Class Action. Except
where prohibited by law, as a condition of using the Websites and/or Service,
you agree that any and all disputes, claims, and causes of action
(collectively, "Claim") arising out of or connected with the Websites
and/or Service, shall be resolved individually, without resort to any form of
class action, exclusively by binding arbitration under the rules of the
American Arbitration Association for full and final settlement of such Claim,
and judgment on the award rendered in the arbitration may be entered in any
court having jurisdiction thereof. Such arbitration shall be held in accordance
with the Rules for Expedited Procedures under the Commercial Arbitration Rules
of the American Arbitration Association or other mutually agreeable
organization, before a single arbitrator (with knowledge and expertise of
copyright law if the claim is all or partially for copyright infringement),
selected by agreement of both parties or by an independent mediator (with
knowledge and expertise of copyright law if the claim is all or partially for
copyright infringement) if the parties are unable to agree. The parties shall
split the arbitration and/or mediator costs. An award rendered by the
arbitrator(s) may be entered and confirmed by the courts of the State of New
York, County of Albany. The parties agree that any post-arbitration action
seeking to enforce an arbitration award or action seeking equitable or
injunctive relief shall be brought exclusively in the courts of the State of
New York County of the United States.
21. No Third-Party Beneficiaries. You
agree that, except as otherwise expressly provided in this Agreement, there
shall be no third-party beneficiaries to this Agreement.
22. Availability
Outside the U.S. If you access https://www.visioncare.agency or its redirect
from outside of the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction. If
you access the Websites from outside of the United States, you acknowledge that
any personal information you provide will be processed in the United States and
other geographies as selected by us in our sole discretion, and you hereby
consent to the collection and processing of your personal information in a
manner consistent with this Agreement and the Privacy Policy.
23. Entire Agreement. This Agreement
contains the entire agreement between you and Vision Care Agency LLC regarding
the use of the Websites and/or the Service.
24. Severability;
Waiver. If any provision of this Agreement is found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of this term or any other term.
In addition, https://www.visioncare.agency or its
redirect failure to enforce any term of this Agreement shall not be deemed
as a waiver of such term or otherwise affect https://www.visioncare.agency or its
redirect ability to enforce such term at any point in the future.
25. Headings. The section headings
contained in this Agreement are for reference purposes only and shall not in
any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this
agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
