Terms of Service

Please read this Service Agreement carefully.

Use

This web service (referred to as “ODSite”) is intended for the use of Eye Care Professionals (individually and/or collectively referred to as “User”) to create and manage a presence (Web Site) on the World Wide Web (WWW). The User may delegate the use of ODSite to authorized staff of the professional eye care Practice.

Service

For the purposes of this Agreement, “ODSite” refers to the website design, navigational, graphical, template pages and forms, content, license, all programming elements and database structures of the website at www.eyecarepro.net or www.ecpro.net (or any other site using the “EyeCarePro.net” or “ecpro.net” domain) used to create, edit and/or manage an ODSite Website for the User. The ODSite website and its associated functions to create a website for the User are referred to as the ODSite Admin Tools. The User may or may not purchase a domain to apply to the User’s site, thereby effectively removing the “EyeCarePro.net” domain. However, this website still falls under the terms of the service and is still referred to herein as ODSite.

The ODSite website means the website created and modified by use of the ODSite Admin Tool at the www.eyecarepro.net website. ODSITE IS OWNED AND OPERATED BY EYECAREPRO INC. at www.eyecarepro.net including, without limitation, related intellectual property rights and other proprietary rights.

EyeCarePro’s Service also includes the use email addresses and email forwarding for the subscription period. EyeCarePro’s Service may, from time to time, include other related web services. The applicable Service is fully defined within the pages of the eyecarepro.net website at the time of subscription to the service. The Service is subject to change without notice at the discretion of EyeCarePro. EyeCarePro does not guarantee the operation of email addresses or email forwarding or other services.

ANY USE OF THE ODSITE WEBSITE TOOLS AND SERVICES FOR THE CREATION, MODIFICATION OR CHANGE OF AN ODSITE USER WEBSITE, OR ANY USE OF EYECAREPRO’S EMAIL, DOMAIN SERVICES, OR OTHER SERVICES, SHALL BE UNDERTAKEN AT THE USER’S OWN RISK. The User shall indemnify and hold EyeCarePro, its officers, directors, employees, agents, partners and licensees, harmless against any and all liability, loss, damage, cost or expense of any nature or kind whatsoever arising, directly or indirectly, related to such creation, change, modification and the User’s use of the ODSite Admin Tools and Services in respect of the User’s ODSite website.

Any unauthorized use of the ODSIte Admin Tools or Services is strictly prohibited.

Pricing and Terms

ODSite is sold as an application service with an annual subscription fee. The annual fee is posted on the eyecare.pro.net website and is subject to change without notice. The annual subscription fee is due at the beginning of the subscribed period immediately following the expiry of the trial website and/or with acceptance of payment and this Service Agreement. Payment, with acceptable credit cards as indicated on the EyeCarePro website, may be made by online credit card submission, or via phone. Any alternative payment method or terms are subject to acceptance of EyeCarePro at our complete discretion.

Guarantees

EyeCarePro provides a full satisfaction guarantee to its subscribers. Subscribers may cancel their service within thirty (30) days and receive a full refund of the annual subscription fee. Subscribers may, at any time during the period of annual subscription, provide notice, in writing, of discontinuation of the service for any reason. Such notice shall be determined to take effect at the end of the calendar month in which notice is provided and received by EyeCarePro. EyeCarePro will, upon receipt of notice, immediately stop the service and will, within 30 days, provide a pro-rated refund of the annual subscription fee. The prorated refund will be calculated on the basis of whole calendar months of service remaining on the annual service agreement.

Use of Third Party Plug-ins

Use of third party services through ODSite, are made available to the User as per the descriptions in the “Partner Plug-ins” section or other sections of the EyeCarePro website. These third-party services are referred to as “Third Party Partner Plug-ins”. Terms of Use of these Third Party Partner Plug-ins is solely governed by their respective owners. Third Party Partner Plug-ins may be presented within the page content of, or linked to, from the EyeCarePro website and the ODSite Website. The operations of Third Party Plug-ins are solely governed by their respective owners and operators independently of EyeCarePro. It is strongly recommended that Users review the use terms and conditions of each Partner Plug-in service used in conjunction with ODSite.

ANY USE OF A THIRD PARTY PLUG-IN. AVAILABLE THROUGH ODSITE SHALL BE UNDERTAKEN AT THE USER’S OWN RISK. THE USER SHALL INDEMNIFY AND HOLD EYECAREPRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSEES, HARMLESS AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, COST OR EXPENSE OF ANY NATURE OR KIND WHATSOEVER ARISING, DIRECTLY OR INDIRECTLY, RELATED THE USE OF THIRD PARTY PLUG-INS.

Binding Agreement

The use of ODSite is governed by and subject to this Service Agreement. The User is automatically and irrevocably deemed to accept the terms and conditions herein effective as of this date. ODSite IS PROVIDED ON A NONEXCLUSIVE, NON-TRANSFERABLE AND NON-ASSIGNABLE BASIS TO EACH USER AND THIS SERVICE AGREEMENT BINDS THE PARTIES AND THEIR RESPECTIVE SUCCESSORS, AS THE CASE MAY BE. The user is expressly prohibited from reselling the Service or any part of the Service, including but not limited to the website address, without the express written consent of EyeCarePro. If you do not agree, please do not accept this Agreement and refrain from using this website.

Conditions

A condition of using ODSite is that the USER HAS AND MAINTAINS A PROFESSIONAL LICENSE IN GOOD STANDING IN THE JURISDICTION THAT IS SO INDICATED AS SHOWN ON THE ADDRESS ON ANY WEB PAGE OF THE ODSITE WEBSITE. ANY FALSE REPRESENTATION IN THIS REGARD WILL RESULT IN THE IMMEDIATE TERMINATION, WITHOUT NOTICE.

The User agrees that they are an optometric practice and practice Optometry according to the following concept definition, which is that contained in the Constitution of the WCO (World Council of Optometry) and ratified in 1997. “Optometry is a healthcare profession that is autonomous, educated and regulated (licensed/registered) and optometrists are the primary healthcare practitioners of the eye and visual system who provide comprehensive eye and vision care, which includes refraction and dispensing, the detection/diagnosis and management of disease in the eye, and rehabilitation of conditions of the visual system.”

A CONDITION OF USING ODSITE IS THAT ALL CONTENT, CLAIMS AND OTHER TEXT CREATED AND/OR MODIFIED BY THE ODSITE ADMIN TOOL FOR THE CREATION OF THE USER’S WEBSITE IS IN FULL ACCORDANCE WITH THE BYLAWS, LAWS, AND/OR REGULATIONS OF THE RELEVANT OPTOMETRIC REGULATING AUTHORITY OF THE STATE, PROVINCE AND/OR NATION AS IS APPROPRIATE FOR EACH ADDRESS SPECIFIED IN THE USER’S WEBSITE. It is the User’s sole responsibility to ensure that any content created or edited and published to the ODSite website is accordance thereto.

The User must use actual names, email addresses and appropriate language, without profanities, on all pages created by the ODSite Admin Tool and displayed in the User Website. The User may also upload graphical files to be displayed on the ODSite Website. The User agrees that such graphical files uploaded are done so respecting copyright and the appropriate proprietary ownership laws. All graphical files displayed must be appropriate for the intended purpose to portray the services and products provided by a professional Eye Care Practice and must not contain any pornographic or otherwise inappropriate images. USE OF FALSE INFORMATION AND/OR DISPLAY OF INAPPROPRIATE LANGUAGE AND/OR GRPAHICAL FILES WILL RESULT IN IMMEDIATE TERMINATION, WITHOUT NOTICE OF THE SERVICE. EyeCarePro, at its sole discretion, may elect to electronically monitor the User’s Website and may disclose any content or records concerning User’s account as necessary to satisfy any law, regulation, or other governmental request or to properly operate the ODSite Admin Tools and protect any User.

EyeCarePro reserves the right to block access to any site created by the EyeCarePro Service that contains any content that EyeCarePro deems, in its sole discretion, to be unacceptable or undesirable. The User expressly agrees that EyeCarePro shall not be liable to the User for any action EyeCarePro takes to remove or restrict access to such content, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.

Confidentiality

The User is responsible for ensuring the confidentiality of any and all usernames and passwords generated in connection with or provided by EyeCarePro in regard of the Service. In the event of a breach of username/password security, the User will remain liable for any unauthorized use of the ODSite Admin Tools. Any knowledge of unauthorized use of the Website Tool shall be reported to EyeCarePro as soon as it is known and EyeCarePro will undertake reasonable efforts to prevent further unauthorized use of the Web Site tool.

Any and all Confidential Information will be held by EyeCarePro in strictest confidence. “Confidential Information” will mean any and all financial, marketing, sales, technical and non-technical information of the User that has not been generally disclosed to the public, unless the Confidential Information is or later becomes generally available to the public.

Intellectual Property Rights

This Website contains material protected by law, including but not limited to copyrights and trademarks. All design and graphical elements provided, including those available within the User Website template designs, “ClipArt” or “Stock Images” and as part of the ODSite Admin Tools are reserved to EyeCarePro and these materials may not be reused in any way or copied in whole or part without prior written permission. The User has permission to print and/or reprint web pages from the ODSite Website created by the ODSite Admin Tool, but may not use the basic template design or any graphical elements to create websites independent of the ODSite AdminTool.

THE DOMAIN NAMES “EYECAREPRO.NET” and “ECPRO.NET” BELONG TO EYECAREPRO. Agreement to use the these domain names to create and maintain a User Website address does not infer any ownership in any part of these domain names or the website address to the User. EYECAREPRO HAS NO OBLIGATION TO ALLOW ANY USER TO CONTINUE USING THIS DOMAIN NAME EXCEPT AS OFFERED WITH THE EYECAREPRO.NET WEBSITE TOOL AND SERVICE unless otherwise agreed in writing.

Disclaimer

Use of the Service will automatically generate a Legal Disclaimer on all pages of the User’s ODSite website. The User expressly agrees to display the legal disclaimer on all pages on the ODSite website. Any failure by the User to display the Legal Disclaimer shall be deemed a material breach of this agreement.

The following is the “Legal Disclaimer” to be published on ODSite Websites:

“Content on this web site has been provided and/or reviewed by our practice. I (we) have reviewed site information and find it to be in accordance with the standards of the Optometry profession in our jurisdiction. We strive to provide unbiased, accurate, timely and up-to-date information. The information on this site is not presented as a substitute for informed professional advice and does not substitute for consultation with an optometrists or any other health and/or medical professional. If you have any questions about your individual situation, please contact your Optometrist – your eye health professional.

The basic graphical template and parts of this website have been created by a Service provided by EyeCarePro and/or any affiliated companies. EyeCarePro and any of its affiliated companies do not endorse any of the products or treatments described, mentioned or discussed in any of the web pages, services or database information accessible within this website. Due to the possibility of human error or advances in scientific knowledge, EyeCarePro, and/or any commercial partners, their staff nor any other party involved in providing web pages, services or database information accessible within this website, warrant that the information contained therein is in every respect accurate or complete and are not responsible nor liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information.

The material contained in this website, including but not limited to text, graphics, video, audio, trademarks and logos, includes that which is owned or controlled by EyeCarePro and that which is owned or controlled by third parties. EyeCarePro authorizes you to view and download a single copy of the Material on the web site solely for your personal, non-commercial use. The contents of this website are protected by copyright and other laws in USA, Canada and elsewhere.

Health information about you may be transmitted from this website to our practice. EyeCarePro does not permanently store nor use, transmit (other than for its intended use), record, or otherwise make any use of this health information. Website visitors are advised to read the Notice of Privacy Practices which describes how health information about you may be used and disclosed and how you can get access to this information and/or to contact us directly.”

This legal disclaimer may from time to time be amended at the sole discretion of EyeCarePro, without the permission of the User.

Warranty

No representations or warranties are made regarding the materials in or operations of this website. In particular, EyeCarePro makes no warranties concerning the merchantability or fitness for a particular purpose of any such materials or operations, either express or implied, and disclaim any warranties of non-infringement. EyeCarePro shall not be liable for any damages of any kind that may result from the use of the ODSite Admin Tools and/or the ODSite website. Materials in and operations of this website are provided as-is and here is no warranty made that they will be free from errors or interruptions or loss of data. ANY LIABILITY OF EYECAREPRO TO THE USER FOR ANY DAMAGES OR LOSSES OF ANY KIND SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, FOR USE OF THIS SERVICE.

General

This Service Agreement represents the entire agreement between you and EyeCarePro and may not be modified except by a signed written agreement. This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada.

If any provision of these rules shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect.