TERMS AND CONDITIONS OF USE & PRIVACY POLICY

PLEASE READ THESE MY-EYEDOC.COM GENERAL TERMS AND CONDITIONS OF USE AND PRIVACY POLICY CAREFULLY BEFORE REGISTERING TO USE THE WEB SITE MY-EYEDOC.COM OR ANY SERVICES OFFERED BY MY-EYEDOC.COM.

This is a binding agreement. By using www.my-eyedoc.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms and Conditions of Use, as they may be amended by the California Optometric Association (the “COA”) from time to time in its sole discretion. By using this web site and other services that may be offered by my-eyedoc.com, you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use my-eyedoc.com. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

My-eyedoc.com is an online entertainment and information service provided jointly by its sponsors, the California Optometric Association (“COA”) and Primary Eyecare Network (“PEN”) and their respective officers, trustees, members, employees, agents, and assigns. Sponsors COA and PEN may at their discretion revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions on this page. Your continued usage of my-eyedoc.com or any of its services will indicate your acceptance of those changes.

Copyright

The Materials are protected by United States and other copyright laws, except for works of the United States Government pursuant to 17 U.S.C. Section 105. The selection, arrangement and presentation of all Materials (including information in the public domain), and the overall design of my-eyedoc.com are copyright © 2007 my-eyedoc.com. All rights reserved. My-eyedoc.com or its licensors is the owner of all copyrights in and to the Materials, except for works of the United States Government pursuant to 17 U.S.C. Section 105. Permission is granted to view, purchase, and print materials from my-eyedoc.com for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or Materials on this site, whether in electronic or hard copy form, without the express prior written permission of my-eyedoc.com, is strictly prohibited.

Designated Agent for Claims of Copyright Infringement

We take claims of Copyright or other infringement seriously and will work with any claimant to insure the protection of their rights.

For purposes of 17 U.S.C §512(c)(2) we have designated the following individual as the agent that will accept notifications of claimed infringement:

Tim Hart
California Optometric Association
2415 K St.
Sacramento, CA 95816
(916) 441-3990
info@my-eyedoc.com

Registered Use

My-eyedoc.com is offered for registered use exclusively by:

Optometric Doctors actively licensed and in good standing to practice optometry in the State of California, to include retired Optometric Doctors;
Students enrolled and active in a course of study to be awarded a Doctor of Optometry degree from an accredited school of optometry in California; and
Students who are permanent residents of the State of California, enrolled and active in a course of study to be awarded a Doctor of Optometry degree from an accredited school of optometry outside of California, who are interested in returning to California to practice their professions.

By registering to use my-eyedoc.com, you warrant that you are a member of one of these three classes, in good standing, and that you are not using identifying information for anyone other than yourself to register. Should you violate these provisions, your participation will be suspended or terminated by my-eyedoc.com, which may bar you from any and all current or future use of the service (or any portion thereof) at any time.

Site Postings

As a registrant, any Materials posted by you will be viewable only by other registered users, unless you agree upon my-eyedoc.com’s express request to allow your Materials to be viewed by non-registered visitors to my-eyedoc.com.

In consideration of your use of my-eyedoc.com to post a video, question, comment, or information to a bulletin board, chat room, forum, message board, or similar service that may be offered at any time by my-eyedoc.com, you agree not to:

Upload or transmit any communications or content of any type that infringe or violate any rights of any party;
Post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually demeaning, threatening, invasive of a person's privacy, or otherwise violative of any law;
Impersonate another person or allow any other person or entity to use your identification for posting materials to the list;
Upload, post, E-mail, or otherwise transmit 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 hardware or telecommunications equipment; or
Engage in any other conduct that restricts or inhibits any other person from using or enjoying the service.

My-eyedoc.com has the right, in its sole discretion, to suspend or terminate your participation and refuse any and all current or future use of the service (or any portion thereof) at any time.

As noted above, by submitting communications or content to any service, you agree that such submission is non-confidential as to other registered users, and as to unregistered users, should you consent to make your communications or content viewable to nonregistered visitors to my-eyedoc.com, for all purposes. If you make any submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- to my-eyedoc.com a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.

Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. COA reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. COA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or of any applicable laws.

Affiliated Sites

COA has no control over, and no liability for any third party websites or materials. COA works with a number of partners and affiliates whose internet sites may be linked with the Site. Because neither COA nor the Site has control over the content and performance of these partner and affiliate sites, COA makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and COA assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that COA makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third party content.

Prohibited Uses

COA imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited E-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any E-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by COA in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

No Warranties

MY-EYEDOC.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO MY-EYEDOC.COM, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH MY-EYEDOC.COM, OR ANY SITES LISTED ON MY-EYEDOC.COM, AND MY-EYEDOC.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. MY-EYEDOC.COM DOES NOT WARRANT THAT MY-EYEDOC.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN MY-EYEDOC.COM WILL BE CORRECTED. MY-EYEDOC.COM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL MY-EYEDOC.COM OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE MY-EYEDOC.COM, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON MY-EYEDOC.COM OR DOWNLOADED FROM MY-EYEDOC.COM, EVEN IF MY-EYEDOC.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MY-EYEDOC.COM, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH MY-EYEDOC.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MY-EYEDOC.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by COA or by any third party.

Indemnification

You agree to indemnify, defend, and hold harmless my-eyedoc.com (and/or its sponsors COA and PEN), from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of my-eyedoc.com and any violation of these Terms and Conditions by you.

Governing Law and Jurisdiction

These Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of California. By your use of this site and agreement to these Terms and Conditions you are bound as a party in contract with my-eyedoc.com and agree to resolve any and all disputes arising out of or relating to these Terms and Conditions as provided in those Terms and Conditions.

Resolution of Disputes

All disputes arising out of or relating to these Terms and Conditions or arising out of or related to the use of the Site shall be finally resolved by arbitration conducted in the English language in Sacramento County, California, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, my-eyedoc.com shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Northern District of California or any other court of competent jurisdiction.

PRIVACY POLICY

My-eyedoc.com takes your privacy seriously. Our privacy policy is clear: We will collect no personally identifiable information about you when you visit our web site or use our services unless you choose to provide that information to us.

We created this Privacy Policy (the “Policy”) to give you confidence as you visit and use www.my-eyedoc.com (the “Site”), and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices that differ materially from this policy.

What this Privacy Policy Covers

This Privacy Policy covers my-eyedoc.com's treatment of personally identifiable information that my-eyedoc.com collects when you are on the my-eyedoc.com site and when you use my-eyedoc.com's services. This policy does not describe information collection policies on other sites, including those linked to or from my-eyedoc.com.

Children's Issues

This site is not directed to children under 13 years of age, and children under 13 years of age shall not use the web site or services offered by my-eyedoc.com to submit any individually identifiable information about themselves.

What Type of Information We Collect

My-eyedoc.com does not collect any personally identifiable information about you other than information that you affirmatively choose to submit to us, such as is provided voluntarily by you upon registration, when completing a Profile, by posting to a service described in www.my-eyedoc.com’s Terms and Conditions of Use, or by E-mail. My-eyedoc.com also may automatically collect aggregate information about the use of our site, including which pages are most frequently visited, how many visitors we receive daily, and how long visitors stay on each page.

Access to Information

Unfortunately, we do not maintain any procedures for you to review or request the changes to the that we collect about you, except that you may request that we remove all information about you from our database by contacting us using the contact information below.

How We Use the Information We Collect

The personally identifiable information we collect from and about you may be used to provide E-mail-based newsletters, periodic E-mail alerts, and other information to you as you request, and to notify you from time to time about services offered by my-eyedoc.com or other entities associated with my-eyedoc.com.

Site Postings

If you upload a video, post a question or comment to a my-eyedoc.com bulletin board, chat room, forum, or message board, any information contained in the video or post is available for either all other registered users or for everyone to see, as you choose. You have the freedom to select what if any personally identifiable information is posted. You should not post sensitive information. You may provide information which will permit other registered visitors or non-registered site visitors to contact you directly, as you choose. Once an upload or post has been approved by you and the host there is no way to delete the post.

Use of “Cookies”

At some places on my-eyedoc.com, the use of a "cookie" may be offered. Most browsers now recognize when a "cookie" is offered and permit the user to opt out of receiving it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your Internet service provider. "Cookies" are used on the Site to facilitate use of an area of the Site. www.my-eyedoc.com does not use "cookies" to collect and distribute information to third parties for marketing purposes. You may choose to disable whether to accept cookies by changing the setting on your browser as indicated above. However, if you choose to disable this function, your experience at the Site may be diminished and some features may not function as they were intended.

With Whom We Share Information

We may provide personally identifiable information we collect about you to third parties only when such third parties desire to provide, on a limited basis, information that may be of interest to you and you have given my-eyedoc.com permission to provide that information.

We may disclose information about you if we have a good-faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of my-eyedoc.com or others.

Severability

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. www.my-eyedoc.com may, at their sole discretion and without notice, revise these terms at any time by updating this posting.

Miscellaneous

Except as expressly provided in a particular legal notice posted by my-eyedoc.com on my-eyedoc.com, these Terms and Conditions of Use constitute the entire agreement between you and my-eyedoc.com with respect to the use of my-eyedoc.com and the Materials. My-eyedoc.com's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions of Use. My-eyedoc.com may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Third Party Websites

The Site may contain links or references to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

Contact Information

Questions or comments regarding these Terms and Conditions of Use may be sent electronically through “Contact Us” or by U.S. mail to “What’s Your Story?,” c/o COA, P.O. Box 2591, Sacramento, CA 95812.