PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT (SEE SECTION 14 “DISPUTES WITH EVF”), WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON EVF’S LIABILITY.
Portions of the Websites provide general information about vision, vision care and vision correction. As further described in Section 11, this information is not intended to be a source of or substitute for medical advice. IF YOU SUSPECT THAT YOU HAVE A VISION PROBLEM OR MEDICAL CONDITION REQUIRING ATTENTION, CONTACT A QUALIFIED PROFESSIONAL AS SOON AS POSSIBLE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
1. Your Contract with EVF. These Terms are a contract between you and EVF. BY USING OR BROWSING THE WEBSITES OR BY CLICKING ON A BUTTON OR BOX MARKED “I AGREE” OR “I ACCEPT” OR BY TAKING OTHER ACTIONS THAT INDICATE YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITES. We reserve the right at any time, with or without notice (i) to modify or terminate the Websites, or any portion thereof, and (ii) to suspend or terminate your access to the Websites or any portion thereof for any reason, including if you violate, or if we have reasonable grounds to suspect that you have violated, these Terms.
2. Modifications to the Terms. We may amend these Terms at any time by posting a revised version on the Websites. Except as otherwise expressly provided herein, the revised version will be effective at the time we post it. You are responsible for reviewing these Terms for updates.
If the revised version includes a Substantial Change (as defined below), we may provide thirty (30) days' prior notice of any Substantial Change by posting a notice on the home page of the applicable Websites. Where appropriate, such as where you have set up an account, you may be asked to check a box that you agree to the revised version of the Terms when you sign into your account. A "Substantial Change" means a change to the terms of these Terms that materially reduces your rights or increases your responsibilities.
3. Additional Terms. Some portions of the Websites may be subject to additional terms and conditions, such as click-through agreements that require your acceptance, guidelines and policies (“Additional Terms”). Such Additional Terms, which are incorporated by reference into these Terms, are intended to supplement, not replace, these Terms. However, to the extent of any conflict between any applicable Additional Terms and these Terms, the Additional Terms will prevail.
5. Accounts, Password and Security. Some portions of our Websites may permit or require you to create an account. You are responsible for maintaining the confidentiality of your account username and password. You should not permit others to use your account and you may not use anyone else's account at any time. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to take any and all actions we deem necessary or reasonable to help ensure the security of the Websites and your account, including terminating your account. Notwithstanding the above, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your password. EVF shall not be liable for any damages resulting from (i) any action or inaction of EVF under this provision, (ii) any compromise of the confidentiality of your account or password, and/or (iii) any unauthorized access to your account or use of your password.
6. License. Conditioned upon your compliance with these Terms, EVF grants you a limited, revocable, non-exclusive license to access, use and display the Websites, and download and print the material on the Websites, solely for your non-commercial personal use and for no other purposes unless we specifically and expressly state otherwise. EVF reserves all rights in and to the Websites not expressly granted to you under these Terms.
7. Your Conduct. Whenever you provide us with information, including when you create an account, you agree to: (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.
You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Websites. However, should you do so, you hereby grant to EVF a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the content of such communication in any manner whatsoever.
You also agree not to: (i) access or attempt to access any information, documents or material by working around any technical limitations in the Websites that limit your use of or access to the Websites; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Websites, including systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites, applications, materials, documents or services; (iii) access or use the Websites in any manner that could damage, disable, overburden or impair any server or network; (iv) infringe any intellectual property rights or other rights; (v) post or otherwise submit any software, programs or files that are harmful or disruptive to any equipment, software or other property, including corrupted files, time bombs, Trojan Horses, viruses and worms; (vi) create a false identity for the purpose of misleading EVF or others or use any EVF domain name as a pseudonymous return email address; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Websites; (vii) violate any applicable laws or regulations related to the access to or use of the Websites; (ix) violate these Terms; (x) prepare, compile, scrape, harvest, download or otherwise use or copy any user information, usage information or any other information, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) transmit unsolicited or bulk communications to any EVF account holder or to any EVF affiliated e-mail address or engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights (including rights of privacy and publicity) of EVF or any third party or abuse, defame, harass, stalk or threaten another; and/or (xiii) use any robot, spider, or other such programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Websites or otherwise monitor or copy any portion of the Websites.
9. Links to the Websites. You are expressly prohibited from framing, linking or otherwise using or displaying the Websites so that they appear to be part of your own or someone else's website or digital platform.
10. Copyrights and Trademarks. Essilor Vision Foundation and other trade names, marks, logos, graphics, and trade dress used on the Websites are the trademarks of EVF or third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. Except where explicitly noted otherwise, all content on the Websites is copyrighted and protected under national laws and international treaties throughout the world. You may not copy or use the Websites, or any portion thereof, in any manner without our prior written approval. The Websites may also contain content that is subject to the copyright and other rights of third parties.
11. Medical Disclaimer. Portions of the Websites provide general information about vision, vision care and vision correction. This content is intended for informational purposes only. We do not provide medical advice or professional healthcare advice and the Websites should not be used as a source of or substitute for such advice. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible. If you are experiencing a medical emergency, call 911 immediately.
WE DO NOT ENDORSE OR RECOMMEND, OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES PROVIDED BY, ANY INDIVIDUAL EYE CARE PPROFESSIONAL, PRACTICE OR ORGANIZATION, INCLUDING THOSE WHO PARTICIPATE IN EVF’S PROGRAMS OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR EYE CARE PROFESSIONAL AND OTHER HEALTHCARE PROFESSIONALS. We shall not be liable to you or others for any decision made or action taken in reliance on the information obtained from the Websites.
12. Disclaimer. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE WEBSITES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EVF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; (ii) EVF MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITESWILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) EVF IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT THE WEBSITES; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL EVF, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES, OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITES OR EVF’S SERVERS, OR ANY PERSONAL, FINANCIAL OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EVF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES IS TO STOP USING THE WEBSITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
14. Disputes with EVF. You and EVF agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and EVF have against each other are resolved.
14.1 Contact EVF First. We want to learn about and address your concerns and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving any dispute quickly. Please contact us regarding any concerns related to the Websites.
14.2 Applicable Law. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and EVF, except as otherwise stated in these Terms. You understand that the Websites are directed only to residents of the United States.
14.3 Agreement to Arbitrate. You and EVF each agree that any and all disputes or claims that have arisen or may arise between you and EVF in connection with the Websites, except for a dispute relating to the enforcement or validity of intellectual property rights, shall be resolved exclusively through confidential, final and binding arbitration. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
a. Prohibition of Class and Representative Actions and Non-Individualized Relief. You and EVF agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and EVF agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other users of the Websites. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
b. Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or EVF may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
c. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
d. Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then with respect to actions that would have been covered by subsection (a), the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms, including all other provisions of Section 14 (Disputes with EVF), will continue to apply.
e. Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and EVF agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against EVF prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms, any such termination shall not be effective until thirty (30) days after the version of the Terms not containing the Agreement to Arbitrate is posted to the Websites, and shall not be effective as to any claim that was filed in a legal proceeding against EVF prior to the effective date of termination.
14.4 Claims and Disputes Must Be Filed Within One Year. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to the Websites, including any claim required to be submitted to arbitration, must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.
15. Indemnity. You agree to indemnify and hold harmless EVF, its employees, officers, representatives, suppliers and service providers from any judgment, settlement, loss, liability, damages and costs, including reasonable attorney's fees, arising from a claim or demand made by any third party due to or arising out of (i) your use of the Websites, including any information you provide to EVF or information or content submitted or transmitted by you to through the Websites; (ii) any use of your password; (iii) any information you download or access from or through the Websites; (iv) your interference with the operation of the Websites; and (v) any violation by you of these Terms, any rights of any other person or entity, or any applicable laws, rules or regulations.
16. Waiver. No delay or failure by EVF to enforce any of these Terms shall be a waiver of any of our rights under these Terms.
17. Entire Agreement. These Terms are the entire understanding and agreement between EVF and you with respect to the subject matter hereof.
18. General. Except as otherwise expressly provided in these Terms, the invalidity or unenforceability of any provision(s) of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms is found to be invalid or unenforceable, these Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The headings used in these Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Terms. Any reference to the term “includes” or “including” means “includes, without limitation” or “including, without limitation,” respectively.