PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!
World Eye Care Foundation LLC (“World Eye Care Foundation”) may revise and update these Terms and Conditions at any time. Your continued usage of the World Eye Care Foundation website (“World Eye Care Foundation Site,” or the “Site,”) will mean you accept those changes.
The Site Does Not Provide Medical Advice
The contents of the World Eye Care Foundation Site, such as text, graphics, images, and other materials created by World Eye Care Foundation or obtained from World Eye Care Foundation’s licensors, and other materials contained on the World Eye Care Foundation Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the World Eye Care Foundation Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. World Eye Care Foundation does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by World Eye Care Foundation, World Eye Care Foundation employees, others appearing on the Site at the invitation of World Eye Care Foundation, or other visitors to the Site is solely at your own risk.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of the Content
The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. World Eye Care Foundation authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2016, World Eye Care Foundation, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the World Eye Care Foundation Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Title to the Content remains with World Eye Care Foundation or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of World Eye Care Foundation. All rights not expressly granted herein are reserved to World Eye Care Foundation and its licensors. Certain Content on this Site is licensed under U.S. Patent No. 6,585,516.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of World Eye Care Foundation and Its Licensors
The use of the World Eye Care Foundation Site and the Content is at your own risk.
When using the World Eye Care Foundation Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of World Eye Care Foundation and its suppliers. Accordingly, World Eye Care Foundation assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the World Eye Care Foundation Site.
The World Eye Care Foundation Site and the Content are provided on an “as is” basis. World Eye Care Foundation, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, World Eye Care Foundation, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the World Eye Care Foundation Site or World Eye Care Foundation.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the World Eye Care Foundation Site.
In no event shall World Eye Care Foundation, its licensors, its suppliers, or any third parties mentioned on the World Eye Care Foundation Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the World Eye Care Foundation Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not World Eye Care Foundation, its licensors, its suppliers, or any third parties mentioned on the World Eye Care Foundation Site are advised of the possibility of such damages. World Eye Care Foundation, its licensors, its suppliers, or any third parties mentioned on the World Eye Care Foundation Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. World Eye Care Foundation, its licensors, its suppliers, or any third parties mentioned on the World Eye Care Foundation Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Content and Submissions
The personal information you submit to World Eye Care Foundation is governed by the World Eye Care Foundation Privacy Policy. To the extent there is an inconsistency between this Agreement and the World Eye Care Foundation Privacy Policy, this Agreement shall govern.
The Site contains functionality and other interactive areas, including blogs, user reviews of drug information, user reviews on the Physician Directory, etc. (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”). Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively “Social Media Platforms”). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices, such as our Reviews Guidelines. World Eye Care Foundation reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that World Eye Care Foundation is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.
If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to World Eye Care Foundation by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to World Eye Care Foundation by email, you agree such submission is non-confidential for all purposes.
If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to World Eye Care Foundation by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-World Eye Care Foundation a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. World Eye Care Foundation may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to World Eye Care Foundation by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos, or audio) on the World Eye Care Foundation Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the World Eye Care Foundation Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the World Eye Care Foundation Advertising Policy or the World Eye Care Foundation Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media on the World Eye Care Foundation Site or a Social Media Platform like a photo or video: (a) you grant to World Eye Care Foundation a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes World Eye Care Foundation to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify World Eye Care Foundation and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.
World Eye Care Foundation reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Passwords
World Eye Care Foundation has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your World Eye Care Foundation passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your World Eye Care Foundation account and password; (3) promptly inform World Eye Care Foundation if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of every page of our site. You grant World Eye Care Foundation and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. World Eye Care Foundation cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using World Eye Care Foundation tools and services.
User Content Guidelines
If you use, or post User Content on, a Public Area such as blogs, or our Physician Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. World Eye Care Foundation and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Reviews posted on the Physician Directory are further subject to the World Eye Care Foundation Reviews Guidelines.
World Eye Care Foundation Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
World Eye Care Foundation or its licensors have no liability or responsibility to users of the World Eye Care Foundation Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
World Eye Care Foundation may provide links to third-party web sites. World Eye Care Foundation also may select certain sites as priority responses to search terms you enter and World Eye Care Foundation may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. World Eye Care Foundation does not recommend and does not endorse the content on any third-party websites. World Eye Care Foundation is not responsible for the content of linked third-party sites, sites framed within the World Eye Care Foundation Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. World Eye Care Foundation does not endorse any product, service, or treatment advertised on the World Eye Care Foundation Site. For more information, read our Advertising Policy and our Sponsor Policy.
Indemnity
You agree to defend, indemnify, and hold World Eye Care Foundation, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.
General
World Eye Care Foundation is based in New York, New York, in the United States of America with principal offices in New York, New York and Atlanta, Georgia. World Eye Care Foundation makes no claims that World Eye Care Foundation, World Eye Care Foundation Health Manager, or any Site within the World Eye Care Foundation Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the World Eye Care Foundation Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with World Eye Care Foundation, or in any way relating to your use of the World Eye Care Foundation Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving World Eye Care Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting World Eye Care Foundation’s copyright agent (identified below) and providing the following information:
World Eye Care Foundation’s agent for copyright issues relating to this web site is as follows:
World Eye Care Foundation, LLC
Attn: Office of Privacy
1201 Peachtree Street, NE
400 Colony Square, Suite 2100
Atlanta, Georgia 30361
copyright@World Eye Care Foundation.net
Or call: 866-788-3097
In an effort to protect the rights of copyright owners, World Eye Care Foundation maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the World Eye Care Foundation Site, these Terms and Conditions and the World Eye Care Foundation Privacy Policy constitute the entire agreement between you and World Eye Care Foundation with respect to the use of the World Eye Care Foundation Site, and Content.
Thank you for your cooperation. We hope you find the World Eye Care Foundation.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: World Eye Care Foundation, LLC Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.
World Eye Care Foundation Health Manager: Questions or comments regarding the World Eye Care Foundation Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to World Eye Care Foundation Customer Service, 520 NW Davis, Suite 300, Portland, OR 97209 Attn: World Eye Care Foundation Health Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.