Site Terms

  • Welcome to the Website and online services (collectively, the “Website”) hosted by Family Eye Care and its affiliates and subsidiaries (collectively referred to as “Family Eye Care”) and by third parties on Family Eye Care’s behalf. Please read these terms of use (“Terms of Use”) carefully before using any Website. By using the Website, you agree to all of the terms and conditions outlined herein. If you do not agree with these Terms of Use, or if you are unwilling or unable to be bound by them, please do not use any of the Websites.

  • Your Use of the Website

    We grant you permission to use the Website subject to the restrictions in these Terms of Use. By using the Website, you agree: (a) that you are 18 years or older and have the requisite power and authority to enter into these Terms of Use; (b) to accurately furnish all contact and other information requested by Family Eye Care and to promptly notify Family Eye Care of any change in the information; (c) to not use the Website in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (d) to not use the Website in any manner unintended by Family Eye Care; (e) to not use the Website in any manner that could harm Family Eye Care, its service providers, its affiliates, or any other person; and (f) to comply with any other reasonable requirements or restrictions requested or imposed by Family Eye Care Your use of the Website is at your own risk. If you are using the Website on behalf of your employer, it means you are authorized to accept the Terms of Use and the Privacy Policy on your employer’s behalf.

  • Prohibited Uses

    You are prohibited from using the Website in a way that: (a) is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Family Eye Care deems in its sole discretion to be inappropriate for this Website; (b) victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability; (c) tries to gain unauthorized access to the Website, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Website; (d) imposes an unreasonable or disproportionately large load on Family Eye Care’s infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques; (e) transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or (f) otherwise violates these Terms of Use or any other guidelines or policies of Family Eye Care or posted on the Website. Family Eye Care will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms of Use and may disclose your information to such law enforcement officials and/or agencies if required by law. We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.

  • Family Eye Care’s Copyright and Trademarks

    All content included on the Website, such as text, graphics, logos, button icons, images, and software, is the property of Family Eye Care or its content suppliers and is protected by Canada and international copyright, trademark or other laws. The materials posted on the Website by Family Eye Care may be retrieved solely for your own personal use or in connection with any business relationship between yourself and Family Eye Care and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not copy, modify or distribute the contents of the Website without the express written permission of Family Eye Care Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Family Eye Care All rights reserved.

  • Copyright Complaints

    The Copyright Modernization Act of 2012 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Ontario copyright law. If you believe in good faith that material posted on the Website infringes your copyright, you may submit a notice to us requesting that the material be removed. The notice must include the following information: (a) a physical signature of a person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that is claimed to have been infringed upon; (c) a description of the material that is claimed to be infringing, and where such material is located on the Website; (d) your name, address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

  • Reporting Violations

    If you see something on the Website that you believe violates these Terms of Use, you may report it to us by contacting us via the “Contact Us” section. Reporting a piece of content does not guarantee that it will be removed from the Website.

  • Family Eye Care’s Right to Use Your Likeness

    You hereby grant to Family Eye Care and its sublicensees unrestricted permission and right to use, reuse, publish, and reproduce your name, likeness, image, voice and/or appearance (“Likeness”) as such may be embodied in or submitted in connection with any Submissions that you submit to Family Eye Care You agree that Family Eye Care and its sub licensees may use the Submissions and your Likeness for any purpose, including but not limited to, advertisements, articles, publications, and any promotional materials in any medium now known or later developed, including the Internet. You acknowledge that you will not receive any compensation for the use of the Submissions or your Likeness. You hereby release Family Eye Care and its sublicensees from any and all claims that arise out of or are in any way connected with such use, including without limitation, any claim for defamation, slander, misappropriation or misuse of image, violation of moral or artist rights, violation of publicity rights, or invasion of privacy. You warrant and represent that this release does not in any way conflict with any existing commitment on your part.

  • Use of Website’ Content

    All information and content included on the Website are provided “as is” and without warranty or guarantee of any kind, either expressed or implied, including, but not limited to, the implied warranties or guarantees of merchantability, fitness for a particular purpose, and non-infringement. Family Eye Care strives to provide accurate and up-to-date material on the Website. However, Family Eye Care makes no warranties, guarantees or representations as to the accuracy or timeliness of the material provided through the Website. Family Eye Care assumes no liability or responsibility for any errors or omissions on the Website.

  • Other Websites

    For your convenience, Family Eye Care may provide links to Websites belonging to other companies. Those Websites are not under the control of Family Eye Care, do not link to these Terms of Use, and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party Websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party Websites. The fact that Family Eye Care has provided a link to such Websites is not to be interpreted as an endorsement of their content. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present on those Websites.

  • Privacy Policy

    Please review our Privacy Policy, which also governs your use of the Website, to understand our practices. The Privacy Policy may change from time to time, so review it with regularity and care. Your information and data from the Website may be collected, used, disclosed and shared in accordance with the Privacy Policy and Canadian laws, rules and regulations. You consent to this collection, use, disclosure and sharing, including by Family Eye Care, as soon as you begin using the Website.

  • Translation

    We may translate these Terms of Use into other languages for your convenience. However, the English version governs your relationship with Family Eye Care, and the English version will govern if there are any inconsistencies among the different versions.

  • Applicable Law

    Any dispute arising out of your use of this Website or material from this Website shall be resolved according to the laws of the Province of Ontario, Canada, without giving effect to that province’s principles of conflicts of laws. The federal and provincial courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

  • Termination

    Family Eye Care may terminate your access to the Website at any time and for any or no reason. You shall have no recourse and Family Eye Care shall have no liability as a result of any such termination. Notwithstanding anything to the contrary above, in the event of any termination of these Terms of Use or your access to the Website, all provisions of these Terms of Use relating to license rights, warranties, confidentiality or privacy obligations, proprietary rights, limitation of liability and indemnification obligations shall continue in full force and effect, including Family Eye Care’s right to use your Suggestions.

  • Disclaimer of Warranty and Limitation of Liability

    Your use of the Website and material from the Website is at your own risk. The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Family Eye Care makes no warranties, guarantees or representations that the Website will be error-free, secure or uninterrupted, and assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Website or any materials provided on the Website. Family Eye Care makes no warranties, guarantees or representations as to the accuracy, completeness or timeliness of the materials provided on the Website. Family Eye Care assumes no liability or responsibility for any errors or omissions on the Website. NEITHER Family Eye Care, ITS AFFILIATES, AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITE, EVEN IF Family Eye Care, ITS AFFILIATES, AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  • Indemnity

    You hereby release, discharge and agree to indemnify, defend, and hold Family Eye Care, its affiliates and agents harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of the Website, (b) your violation of the Terms of Use, (c) any use of your Suggestions by Family Eye Care, (d) any unauthorized use of your Suggestions by third parties once the Suggestion has been publicly disseminated, or (e) the infringement by you of any intellectual property or other right of any person or entity. Family Eye Care reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Family Eye Care Family Eye Care will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  • Updates to Terms of Use

    Family Eye Care reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting revised Terms of Use on the Website, and we will note near the top of this page the date that any changes are made. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. Family Eye Care may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. Family Eye Care may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Family Eye Care may terminate the authorization, rights and license given herein.

  • Contact Us

    Any questions regarding these Terms of Use should be directed to our contact us.

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