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 the https://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.agency or
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 this 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 designate
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.agency or
its redirect will not be liable for any
loss or damage arising from your failure to comply with this provision. You
should use particular 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, libellous,
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
in [https://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 of https://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, libellous,
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 analyse 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.[Site
name] 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 thathttps://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 that https://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.agency or
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 behaviour 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 by https://www.visioncare.agency or
its redirect at its sole discretion.
Please note that we do not offer refunds to Members whose
accounts are terminated as a result of repeated infringement of these Terms of
Service.
14. Limitation of Liability. In
no event shall https://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 to https://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 LLCregarding
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 such 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.
