We welcome you to the
VisionPros.ca website (the “Website”
or “VisionPros.ca”). The
Website is designed to provide information about eye health, vision correction,
sell product, and to create a community of like-minded people interested in the
topics we discuss (the “Service”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND
CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms. This Terms
and Conditions of Use Agreement (this “Agreement”)
sets forth legally binding terms for your use of the Website. By using our
Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you
simply browse one or more of our Websites) or you are a "Member" (which means that you
have registered on one of our Websites as a user). If you do not accept the
terms of this Agreement, you should leave our Website and discontinue use of
the Service immediately. We may modify this Agreement from time to time, and
such modification shall be effective upon its posting on any of our Website.
You agree to be bound by any modification to this Agreement when you use any of
our Website after any such modification is posted; it is therefore important
that you review this Agreement regularly.
2. General Registration Requirements.
If you wish to become a Member, communicate with other Members and otherwise
make use of the Service, you must read this Agreement and indicate your
acceptance during the registration process. In consideration of your use of the
Service, you represent that you are of legal age to form a binding contract and
are not a person barred from receiving services under the laws of Canada or other
applicable jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the registration form
available on our Website (the "Registration
Data") and (b) maintain and promptly update your
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, VisionPros.ca reserves the
right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). Use of the Service and
membership on our Website is void where prohibited.
3. Minors. Due to the nature of
the internet, we cannot prohibit minors from visiting our Website. However, all
users who register with any of our Website must be 18 years of age or older.
4. Member Account, Password and
Security. If you register on one of our Websites, you will be required to
choose a password and user name, and you may be asked for additional
information regarding your account, such as your e-mail address. You are
responsible for maintaining the confidentiality of the password and account
information, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify VisionPros.ca of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you log out from your account at the end of each session.
VisionPros.ca will not be liable for any loss or damage arising from
your failure to comply with this paragraph.
5. Prohibited Conduct. You agree
not to use the Service to post or otherwise transmit information, data, text,
software, music, sound, photographs, graphics, video, messages, tags, or other
materials ("Content")
that:
- is patently
offensive and/or promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
- harasses or
advocates harassment of another person;
- exploits people
in a sexual or violent manner;
- contains nudity,
violence, or offensive subject matter;
- solicits personal
information from anyone under the age of eighteen (18);
- provides any
telephone numbers, street addresses, last names or email addresses of
anyone other than your own;
- promotes
information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
- violates any
intellectual property or other proprietary right of any third party,
including Content that promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
- involves the
transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
- contains
restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
- furthers or
promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
- solicits
passwords or personal identifying information for commercial or unlawful
purposes from other Members;
- involves
commercial activities and/or sales without our prior written consent, such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that
you have posted without that person's consent or, in the case of children
under the age of eighteen (18), parental consent, or otherwise constitutes
an invasion of an individual’s privacy or infringement of publicity
rights; or
- contains a virus
or other harmful component.
6. Responsibility for Content.
You, and not VisionPros.ca, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the
Service. VisionPros.ca does not control the Content posted via the
Service and, as such, we do not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be exposed to
Content that you deem offensive, indecent or objectionable. Under no
circumstances will VisionPros.ca be liable in any way for any
Content, including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Service.
7. Rejection/Removal of Content.
You acknowledge that VisionPros.ca may or may not pre-screen Content
posted on our Website, but that VisionPros.ca shall have the right
(but not the obligation) in its sole discretion to pre-screen, edit, refuse, or
remove any Content or portion thereof that is available via the Service, in its
sole discretion, for any reason. Without limiting the foregoing,
VisionPros.ca shall have the right to remove from our Website any
Content that violates this Agreement or is otherwise objectionable in the sole
discretion of VisionPros.ca, or to restrict, suspend, or terminate
your access to all or any part of the Service at any time, for any or no
reason, with or without prior notice, and without liability. If you become
aware of misuse of the Service by any person, please contact VisionPros.ca.
8. Preservation/Disclosure. You
acknowledge, consent and agree that VisionPros.ca may access,
preserve and disclose your account information and Content if required to do so
by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any Content violates the rights of third
parties; (d) respond to your requests for customer service; or (e) protect the
rights, property or personal safety of VisionPros.ca, its Members and
the public. Under no other circumstances will VisionPros.ca
intentionally disclose your account information to any third party.
9. Security Components. You
understand that our Website and software embodied within our Website may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by
VisionPros.ca and/or content providers who provide content to VisionPros.ca. You
may not attempt to override or circumvent any such security components and
usage rules embedded into our Website.
10. Non-commercial Use. The Service
may not be used in connection with any commercial purposes, except as specifically
approved by VisionPros.ca. Unauthorized framing of or linking to any
of our Website is prohibited. Commercial advertisements, affiliate links, and
other forms of solicitation may be removed from Member profiles and Content
without notice and may result in termination of membership privileges.
11. License to Your Content. By
posting, displaying, publishing, transmitting, or otherwise making available
(individually and collectively, "posting")
any Content on or through our Website or the Service, you hereby grant to
VisionPros.ca a non-exclusive, fully-paid, royalty-free, perpetual,
irrevocable, worldwide license (with the right to sublicense through unlimited
levels of sub licensees) to use, copy, modify, adapt, translate, create
derivative works, publicly perform, publicly display, store, reproduce,
transmit, distribute, and otherwise make available such Content on and through
our Website, in print, or in any other format or media now known or hereafter
invented, without notification,
compensation, or attribution to you, and without your consent. If you wish
to remove any Content from the Service, your ability to do so may depend on the
type of Content, the location and manner of posting, and other
factors. You may contact us to
request the removal of certain Content you have posted, but
VisionPros.ca has no obligation to remove any such Content, may
choose whether or not to do so in its sole discretion, and makes no guarantee
as to the complete deletion of any such Content and copies
thereof. Notwithstanding the foregoing, a back-up or residual copy of any
Content posted by you may remain on VisionPros.ca's servers after the
Content appears to have been removed from our Website, and
VisionPros.ca retains the rights to all such remaining copies. You
represent and warrant that: (i) you own all right, title and interest in all
Content posted by you on or through our Website or the Service, or otherwise
have the right to grant the license set forth in this section, and (ii) the
posting of your Content on or through our Website or Service does not violate
the privacy rights, publicity rights, copyrights, trademarks, patents, trade
secrets, contract rights, confidentiality, or any other rights of any third party.
12. VisionPros.ca
and Third Party Content. Our Website contains Content of
VisionPros.ca ("VisionPros.ca
Content"), and
Content of third party licensors to VisionPros.ca (including content
provided by users of our Website, as described above), which is protected by
copyright, trademark, patent, trade secret and other laws. VisionPros.ca
owns and retains all rights, title and interest in the VisionPros.ca
Content. VisionPros.ca hereby grants to you a limited, revocable,
non-sublicensable license to reproduce and display a single copy of the VisionPros.ca
Content and any third party Content located on or available through our Website
or Service (excluding any software code therein) solely for your personal,
non-commercial use in connection with viewing our Website and using the
Service. Except for Content posted by you, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, make available, or
sell any Content appearing on or through our Website or Service.
13. Other Sites. Our Website
may contain links to other sites owned by third parties (i.e. advertisers,
affiliate partners, strategic partners, or others). We are not responsible
for examining or evaluating, and we do not warrant the products or offerings
of, any of these businesses or individuals, or the accuracy of the content of
their website. VisionPros.ca does not assume any responsibility
or liability for the actions, product, and content of any such
website. Before you use any third party website, you should review the
applicable terms of use and policies for such website. The inclusion of a
link in any of our Website does not imply VisionPros.ca’s endorsement
of such third party website. If you decide to access any such linked
website, you do so at your own risk.
14. International Use. Due to the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States,
Canada
or the country in which you reside.
15. Privacy Policy. VisionPros.ca
respects your privacy and permits you to control certain aspects of the
treatment of your personal information as set forth in our Privacy Policy. A
complete statement of our current privacy policy can be found in our “Privacy
Policy”. The Privacy Policy is expressly incorporated into this Agreement by
this reference.
16. Copyright Policy. VisionPros.ca
has in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on our Website or with the Service. VisionPros.ca
reserves the right in its sole discretion to immediately suspend and/or
terminate access to the Service or our Website by any user who is alleged
to have infringed on the intellectual property rights of VisionPros.ca
or of a third party, or otherwise violated any intellectual property laws or
regulations. VisionPros.ca’s policy is to investigate any allegations
of copyright infringement brought to its attention. If you have evidence, know,
or have a good faith belief that your rights or the rights of a third party
have been violated and you want VisionPros.ca to delete, edit, or
disable the material in question, you must provide VisionPros.ca with
all of the following information: (a) a physical or electronic signature of a
person authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification of the
material that is claimed to be infringed or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit VisionPros.ca to locate
the material; (d) information reasonably sufficient to permit VisionPros.ca
to contact you, such as an address, telephone number, and if available, an
electronic mail address at which you may be contacted; (e) a statement 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 that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. For this notification to be
effective, you must provide it to VisionPros.ca either by email or by Postal Service to our
designated agent for notification of infringement.
17. Member Disputes. You are solely
responsible for your interactions with other Members. VisionPros.ca
reserves the right, but has no obligation, to monitor disputes between you and
other Members.
18. Term and Termination. This
Agreement shall remain in full force and effect for so long as it is posted on
any of our Website. You may terminate your membership at any time, for any
reason, by following the instructions on the Profile page. VisionPros.ca
reserves the right to terminate your account or your access to our Website
immediately, with or without notice to you, and without liability to you, if VisionPros.ca
believes that you have breached any of the terms of this Agreement, furnished VisionPros.ca
with false or misleading information, or interfered with use of the Website or
the Service by others. The terms of Sections 8, 11, 12, and 18 - 29 shall
survive termination of this Agreement and your use of the Service.
19. Disclaimer of Warranties. You
expressly understand and agree that:
YOUR USE OF THE WEBSITE AND THE
SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. VisionPros.ca
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH
RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITE WITH WHICH
THEY ARE LINKED.
VisionPros.ca AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICE WILL MEET YOUR
REQUIREMENTS; (II) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS
(INCLUDING VIRUSES); (III) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR
RELIABLE; AND (IV) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE
WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS
OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO
STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
20. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS IN NO EVENT WILL
VisionPros.ca, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, OR
CONTRACTORS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE
SERVICE, THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF
VisionPros.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
VisionPros.ca 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO VisionPros.ca FOR THE SERVICES.
21. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
in certain jurisdictions, some of the above limitations of liability may not
apply to you; all other provisions of this Agreement remain in full force and
effect.
22. Indemnity. You agree to
indemnify, defend, and hold harmless VisionPros.ca, its affiliates,
subsidiaries, officers, directors, employees, consultants, agents, and
representatives from any and all third party claims, losses, liability,
damages, and/or costs (including reasonable attorney fees and costs) arising
from your breach of the terms of this Agreement, or your infringement, or
infringement by any other user of your account, of any intellectual property or
other right of any person or entity. VisionPros.ca will notify you
promptly of any such claim, loss, liability, or demand, and will provide you
with reasonable assistance, at your expense, in defending any such claim, loss,
liability, damage, or cost.
23. Additional Terms. We may
also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to
participate in certain promotions or activities available through our Website,
to obtain certain premium Content through our Website, or for other
reasons. In addition, certain Additional Terms will govern any purchases
you make through the online stores located on our various Website. These
Additional Terms will be posted on the relevant portions of our Website or on
the portions of our Website that describe the specific promotions, Content, or
activities. These Additional Terms are part of this Agreement, and you agree to
comply with them when you participate in those promotions, purchase items
from our online stores, or otherwise engage in activities governed by such
Additional Terms.
24. Modification and Discontinuation. We
reserve the right at any time to modify, edit, delete, suspend or discontinue,
temporarily or permanently the Service or any of our Website (or any portion
thereof) with or without notice. You agree that we will not be liable to you or
to any third party for any such modification, editing, deletion, suspension or
discontinuance of the Service or our Website.
25. Entire Agreement. This
Agreement, together with any other terms or policies referenced herein
(including without limitation the Privacy Policy and Additional Terms),
constitutes the entire agreement between you and VisionPros.ca and
governs your use of the Website and Service, superseding any prior agreements
between you and VisionPros.ca with respect to the Website and
Service.
26. Choice of Law and Forum. This
Agreement and the relationship between you and VisionPros.ca shall be
governed by the laws of the Province
of British Columbia
without regard to its conflict of law provisions. You and VisionPros.ca
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of White Rock, British
Columbia.
27. Waiver and Severability of Terms.
The failure of VisionPros.ca to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of this Agreement remain in full force and
effect.
28. Statute of Limitations. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Website, the Service or this
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
29. Questions. If you have
any questions regarding this Agreement, please contact us by email, or by postal mail at 15216 North Bluff Road, White Rock, BC V4B 0A7
These terms of service were last
updated on January 24, 2010.
