Optometry.net - A service for optometric practices to create and manage a web site.
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Site Terms/Privacy Policy


Use
This website is intended for the use of independent optometric practices and/or authorized staff members of these practices (individually and collectively referred to as the "User") to create and manage an optometry.net website and related Internet tools for their optometric practice.


Service
For the purposes of the Rules, "optometry.net™ Website Builder" means the website design, graphical, navigational, template forms, license, informational, database content, Vision Library™ and programming elements of the self-directed website at www.optometry.net (or any other site using the "optometry.net" domain name) used to build, edit and/or manage an optometry.net website for the User. The optometry.net website means the website created and modified by use of the optometry.net website builder at the www.optometry.net website. THE OPTOMETRY.NET WEBSITE BUILDER IS OWNED AND OPERATED BY FIRST INSIGHT® CORPORATION (FIC) at www.optometry.net, including without limitation, related intellectual property rights and other proprietary rights.

Any unauthorized use of the optometry.netâ„¢ website builder is strictly prohibited; ANY CREATION, MODIFICATION OR CHANGE MADE BY THE USER OF THE optometry.netâ„¢ WEBSITE BUILDER, SHALL BE UNDERTAKEN AT THE USER'S OWN RISK. The User shall indemnify and hold FIC, 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 Users use of the optometry.netâ„¢ website builder in respect of the User's Optometry.net Website.


Third-Party Services

The optometry.net user’s right to order or receive any Third-Party Services, and the specific terms and conditions under which the third-party is willing to provide the optometry.net user such Third-Party Content, is governed by the particular policies of the third-party. Any third-party service shall be undertaken at the User’s own risk. The User shall indemnify and hold FIC, 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 the use of third-party services. When the User orders any Third-Party Content or accesses a third-party website to select or order any products, services or information, the User should carefully review the third parties policies regarding its provisions of such products, services or information.



Binding Agreement

THE USE OF THE OPTOMETRY.NET WEBSITE BUILDER IS GOVERNED BY AND SUBJECT TO THE SERVICE AGREEMENT. The User is automatically and irrevocably deemed to accept the terms and conditions herein, un-amended, effective as of this date. The optometry.net website builder is provided on a nonexclusive, non-transferable and non-assignable basis to each User, and this 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, UNLESS THE EXPRESS WRITTEN CONSENT OF FIC IS GRANTED. If you do not agree, please do not accept this agreement and refrain from using this website.



Conditions

A condition of using the optometry.net website builder is that the USER HAS AND MAINTAINS A PROFESSIONAL LICENSE IN GOOD STANDING in the jurisdiction that is so indicated as entered in the "location" section of the optometry.net website builder and/or the any of the forms completed in the "join" process. ANY FALSE REPRESENTATION IN THIS REGARD WILL RESULT IN THE IMMEDIATE TERMINATION, without notice of the optometry.net service. The User agrees that they are an independent 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 the optometry.net website builder and the optometry.net service is that all content, claims and other text created and/or modified by the optometry.net website builder for the User's optometry.net 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 location specified in the Location section by the User.

IT IS THE USER'S SOLE RESPONSIBILITY TO ENSURE THAT ANY CONTENT PUBLISHED OR ADDED TO THE OPTOMETRY.NET WEBSITE, INCLUDING THE VISION LIBRARYâ„¢, IS IN ACCORDANCE THERETO. The User agrees to include their optometry.net website address in any and all additional websites that are published by FIC, including, additional web pages published by FIC at the www.optometry.net website, for the purpose of demonstrating the capability of the Service to potential users.



Locations

The optometry.net website builder must only be used to create a website for optometric practices of up to 15 different physical locations or offices. Large regional and/or national organizations with greater than 15 different physical locations operating, promoted or otherwise know under the same name are not permitted to use this website. Optometric practices with greater than 15 locations may use this Service with express written permission of FIC.

The User must use actual names, email addresses and appropriate language (e.g. without profanities) in the name spaces, location spaces and all other spaces provided on the optometry.net website builder. USE OF FALSE INFORMATION WILL RESULT IN IMMEDIATE TERMINATION, WITHOUT NOTICE OF THE SERVICE.



Monitoring

THE USER RECOGNIZES THAT HE OR SHE IS SOLELY RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION THE USER MAKES AVAILABLE THROUGH THE OPTOMETRY.NET WEBSITE BUILDER and the optometry.net service. FIC, at its sole discretion, may elect to electronically monitor the User's website on the optometry.net website builder 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 optometry.net website builder and protect any User.

FIC reserves the right to block access to any site hosted by FIC or created by the optometry.net service that contains any content that FIC deems in its sole discretion to be unacceptable or undesirable. The User expressly agrees that FIC shall not be liable to the User for any action FIC 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 obtained from FIC or generated in connection with the Service. THE USER SHALL ALSO BE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THESE TERMS BY THIRD PARTIES AUTHORIZED BY THE USER to use the optometry.net website builder. In the event of a breach of username/password security, the User will remain liable for any unauthorized use of the optometry.net website builder until such time as FIC is notified.

Any and all Confidential Information will be held by FIC 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.



Email Compliance and Anti-Spam Legislation

Spam is absolutely prohibited by optometry.net. Users of the optometry.net patient email newsletter service must not abuse the email newsletter service or to send spam. An optometry.net User specifically agrees not to send unsolicited bulk email and agrees to make optometry.net and other third-party e-mail services available as “permission-based email” only to their customers. With regard to email campaigns, all Users of the optometry.net email newsletter feature must also accept that an unsubscribe option will be automatically appended to every email. In the event that an optometry.net User violates any one of our usage rules, or for any other reason deemed inappropriate by optometry.net, FIC reserves the right to suspend or terminate, without notice, access to the optometry.net User's account and all related data.



Intellectual Property Rights

This website contains material protected by law including but not limited to copyrights and registered trademarks.

All design and graphical elements provided, including those available within "Clip Art" and the Vision Libraryâ„¢, as part of the optometry.net website builder are reserved to FIC 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 optometry.net website created using the optometry.net website builder, but may not use the basic design or graphical elements to create websites independent of the optometry.net website builder or the optometry.net service.

THE DOMAIN NAME "OPTOMETRY.NET" BELONGS TO First Insight® Corporation (FIC). Agreement to use the optometry.net website builder to create and maintain a User website address does not infer any ownership in any part of the "optometry.net" domain name or the Website Address to the User. FIC HAS NO OBLIGATION TO ALLOW ANY USER TO CONTINUE USING THIS DOMAIN NAME EXCEPT AS OFFERED WITH THE OPTOMETRY.NET WEBSITE BUILDER and the optometry.net Service provided unless otherwise agreed in writing.



Copyright Complaints

First Insight respects the intellectual property of others. If you believe your work has been copied and has been posted to this site or an optometry.net website, in a way that constitutes copyright infringement, please provide written notice to First Insight at the following address:

First Insight Corporation
Attn: Marketing Department
6723 NE Bennett Street
Suite 200
Hillsboro, OR 97124
Tel : 800-920-1940
Fax : 503-707-8188
marketing@first-insight.com



Disclaimer

THE USER AGREES TO DISPLAY THE LEGAL DISCLAIMER ON ALL PAGES ON THE OPTOMETRY.NET WEBSITE made using the optometry.net website builder. Any failure by the User to display the Legal Disclaimer, as aforesaid, shall be deemed a material breach of this agreement.

Please read the optometry.net Legal Disclaimer for optometric practice websites carefully. The following is the "Legal Disclaimer" to be published on the optometry.net website created by the User:

"Content on this website 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 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.

Optometry.net by First Insight and/or any 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. In view of the possibility of human error or advances in scientific knowledge, neither FIC, and/or any commercial or non-profit sponsors, 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 they 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 contents of this website, including but not limited to logos, text, graphics, photographs, video, audio, names, logos, trademarks, and other material ("Material") are protected by copyright and other trademark laws in USA, Canada and elsewhere. The Material includes both contents owned or controlled by FIC and content owned or controlled by third parties. FIC authorizes you to view and download a single copy of the Material on the website solely for your personal, non-commercial use. "

It is the sole responsibility of the optometry.net client to ensure that any images, photos or other documents used within their site (excluding optometry.net clip art and photos) are in accordance with U.S. and international copyright laws. If the optometry.net client chooses to copy images, photos or other files from another website, it is his/her responsibility to obtain permission from the website administrator.

This legal disclaimer may from time to time be amended by FIC.



Warranty
No representations or warranties are made regarding the materials in or operations of this website. In particular, FIC makes no warranties concerning the merchantability or fitness for a particular purpose of any such materials or operations, either express or implied, and disclaims any warranties of non-infringement. FIC shall not be liable for any damages of any kind that may result from the use of the optometry.net website builder and/or the optometry.net 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 FIC 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 FIC 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 the USA and 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.
 
Contact Us :: Tel: 800.920.1940 Fax: 503.707.8188
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