Terms and Conditions

LOCAL EYE SITE USER AGREEMENT and PRIVACY POLICY

USER AGREEMENT

Welcome to Local Eye Site (also referred to as “the Website” that is accessible through http://localeyesite.com and all content, services and products available at or through the website). The Website is owned and operated by Local Eye Site, LLC (collectively, “us” and “we”). Please take a moment to review our User Agreement (“Agreement”) and indicate your acceptance below. Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement.

1. General. We reserve the right to change the terms of this Agreement from time to time and to modify any features of this Website at any time. The Website is offered for your use subject to your acceptance of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website. The following terms and conditions govern all use of the Website. By registering to use this Website and/or by continuing to use this Website, you agree to abide by the conditions of this Agreement.

2. User Content Rules. You represent that you have read and agree to abide by the Website’s User Content Rules, which are as follows:

a. The Idea Exchange is a message board that is intended, and should be used accordingly, for the exchange of information related to professional development, clinical and personal best practices, and general positive communication in the field of eye care. We welcome your participation in Idea Exchange and any other online message boards, discussions, postings, forums, blogs and other content platforms offered by the Website. In order to keep these experiences enjoyable and interesting for all of our users, we ask simply that you follow these minimal rules. In addition to complying with these rules, we ask that you also exercise common sense and generally be considerate toward your fellow users. By participating in the online discussions and forums or by submitting or posting comments to the Website, you are consenting to these User Content Rules.

b. You agree that you are fully responsible for the content that you post, link or otherwise provide content that violates the copyright, trademark, patent or other intellectual property right of the Website, Local Eye Site, LLC, or any third party and that you will remove the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, lewd, lascivious, filthy, excessively violent, or harassing; that violates a third party’s right to privacy; that otherwise violates any applicable local, state, national or international law; or that is otherwise objectionable or inappropriate. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you post.

c. You understand and agree Local Eye Site, LLC and the Website are not responsible and assume no liability for any content posted, linked or otherwise provided by third parties. You further understand that we may monitor any user-generated content as we choose, and we reserve the right (but not the obligation) to remove, edit or otherwise alter content in our discretion and for any reason whatsoever, without consent. We further reserve the right, in our sole discretion, to remove a user’s privilege to post content on the Website.

d. The online discussions and forums are for text only. Use of graphics and audio is not permitted. You may not submit any content that consists of or contains software viruses, chain letters, mass mailings, or any form of spam.

e. You acknowledge and agree that you use and/or rely on any information obtained from the Website or through its discussions or forums at your own risk. Local Eye Site, LLC and the Website are not in any manner endorsing the content of the discussions and forums and cannot and will not vouch for its reliability.

f. For any content that you post, you hereby grant to Local Eye Site, LLC and the Website the royalty-free, irrevocable, perpetual, exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

3. Your Account. You are fully responsible for all content, communications or any other activities that occur, are transmitted, or otherwise made public through your account (“Account”) or through the use name and password associated with your account. You must immediately notify us at help@localeyesite.com of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you or your representatives or agents, including any damages or losses of any kind incurred as a result of such acts or omissions.

4. Intellectual Property. The content of the Website, including, but not limited to text, graphics, images, logos, photographs, computer code, or software (collectively “LES Content”) is protected by (a) copyright as a collective work or compilation under the copyright laws of the United States and other countries, (b) Federal trademark law, and (c) any other applicable Federal or state intellectual property laws, and any common law protections. The job postings themselves are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Website. By posting content on the Website, you are giving us and the Website the right to display such content on the Website and its affiliated publications. This Agreement does not transfer from us to you any LES Content. All rights, titles and interests in and to such intellectual property will remain solely with Local Eye Site, LLC and/or the Website. Your use of the Website grants you no right or license to reproduce, display, publicly perform, distribute, or otherwise useLES Content for any public or commercial purpose or in any manner likely to cause confusion among the consumers, or disparages or dilutes the strength of such Intellectual Property.

5. Modifications. It is your responsibility to check this Agreement periodically for any modification we may make. Your continued use of or access to the Website following the posting of any modifications to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including but not limited to the release of new tools and resources). Such new services and/or features shall be subject to the terms and conditions of this Agreement.

6. Termination. We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Local Eye Site Account (if you have one), you must send an email to help@localeyesite.com informing us that you wish to do so. The rights and duties of the parties to this Agreement shall remain in full force with respect to any of your acts or omissions that occurred prior to your terminating the Account. We reserve all rights to enforce any portion of this Agreement after termination for any acts or omissions that occurred prior to termination.

7. No Warranties. The Website is provided “as is.” We hereby disclaim all warranties of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Website will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in materials available on the Website. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on the Website or available though links in the Website. We reserve the right to correct any errors or omissions on the Website. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Website, we do not guarantee or warrant that the Website or materials that may be downloaded from the Website do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Website and any materials available through the Website, you do so solely at your own risk.

8. Release. The Website is a portal through which employers can post job openings and employees can search for job openings. We do not screen, review, rank, or otherwise comment on the job postings. We do not make any representations as to the truth, accuracy, or reliability of the content of the job postings, the quality, safety or legality of the jobs themselves, or any other LES Content. We are in no way a party to any part of any communications, negotiations or transactions between users, including but not limited to an employer who posts a job opening and an potential employee who searches, applies for, accepts, or rejects, a position. Given the difficulties of verifying or authenticating a user’s true identity, we do not guarantee that each user is who they claim to be. You assume all risks in communicating, negotiating, or transacting business with, persons you come into contact with, directly or indirectly, through the use of the Website, including but not limited to any potential employers and employees who post or search for job openings on the Website. Neither Local Eye Site, LLC nor the Website is responsible for any employment decisions, or the results of any employment decisions, that may be made based on information made or received through the Website. You specifically release the Website and Local Eye Site, LLC, and their suppliers, licensees, officers, directors, employees, agents, and representatives, from any legal or equitable claim, cause of action, damages, or any injunctive relief, arising out of or relating to the Website, including but not limited to (a) any employment decision or action that is related to or taken based upon any information posted or obtained from the Website, (b) any errors, omissions, interruptions or other inaccuracies on the Website, (c) any content supplied by any user or third party on the Website, or (d) any dispute regarding the behavior of any user of the Website.

9. No Damages. In no event will the Website or Local Eye Site, LLC, or any of their suppliers, licensees, officers, directors, employees, agents, or representatives, be liable to you for any damages of any kind whatsoever (including but not limited to incidental, indirect, consequential, special, punitive, or exemplary damages, lost revenues or profits, loss of business or loss of data) arising out of or relating to this Website or this Agreement.

10. User Representations. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement, our User Content Rules, and our Privacy Policy and with all applicable Federal, state, or local law, rule, regulation, or any other governmental obligation regarding online content and conduct, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of us, the Website, or any third party.

11. Indemnification. You agree to indemnify and hold harmless, us, our directors, officers, employees, contractors, licensors, and any other of our agents or representatives, from and against any and all claims, whether legal or equitable, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any claim brought by any third party relating to any content you have posted, to any violation of this Agreement, or to the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.

12. Governing Law/Venue. Except to the extent applicable law, if any, provides otherwise, this Agreement, will be governed by the laws of the state of North Carolina, excluding its conflict of law provisions, and the venues for any dispute shall be the state or Federal courts located in Wake County, North Carolina.

13. Miscellaneous. This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

PRIVACY POLICY

Welcome to Local Eye Site (“LES” or the “Website”). Your right to privacy online is critical, and we make every effort to protect the privacy of the information you submit to us on our website.

The Information We Collect

LES collects personal identifiable information from Website visitors or users who voluntarily register for an account. During the registration process, we may request certain personal information, including your name, phone number, address, e-mail address, user name, password, practice name, and current position. We only collect the personal information that you provide us when you register your account on the Website.

Non-Disclosure of Personal Information

We do not sell, lease, loan, or otherwise disclose your personal information to third parties who are not registered users of the Website, subject to specific circumstances discussed in the next paragraph. We may transmit your personal information to users of the website in response to a job posting or job search.

Special Circumstances Warranting Disclosure of Personal Information

We may be required to disclose personal information in response to an order or a subpoena issued by a court of competent jurisdiction. We also may disclose such information in response to a request from law enforcement agency in connection with an investigation or prosecution of illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. We also may transfer personal information if we are acquired by or merged, in part or in whole, with another company.

Your IP Address

Your Internet Protocol (“IP”) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our website.

Information Shared on Content Platforms

The Website site makes job postings, job listings, message boards and potentially other platforms available to its users to engage in communications with others. Please bear in mind that any information that you disclose on the Website becomes public information and you should exercise caution when deciding to disclose any of your personal information. We cannot and do not accept any responsibility for ensuring the privacy of information that you choose to disclose voluntarily in these areas.

Commitment to Children’s Privacy

This Website is not directed to or intended for children under 18 years of age. We will never knowingly collect personal information form persons under 18. Please do not send us any information about anyone under the age of 18, including names, addresses or e-mail addresses.

Cookies

LES (or a third party service provider on our behalf) may set and access cookies on your computer. A cookie is a small amount of data, often including a unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. LES uses cookies to understand site usage and to improve the content and offerings on our site. Our cookies contain no personally identifiable information. LES (or third party service providers on our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis. We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose. If you don’t want cookies, most Web browsers include an option that allows you to not accept them. But if you set your browser to refuse cookies, some portions of our sites may not function efficiently.

Choice/Opt-Out of E-Mails generated from LES

We provide users the opportunity to opt-out of receiving communications from us and our partners. You will notice in any email generated from this Website there is an unsubscribe email address at the bottom of the message. Simply send an email to this address (unsubscribe@localeyesite.com) letting us know that you wish to unsubscribe from all future LESemails, and we will make sure that we remove you from any and all LES email lists.

Where this Privacy Policy does not apply

The Website may contain hyperlinks to other websites. The Website also may contain advertisements of third parties. We are not responsible for the privacy practices or the content of such third party websites or advertisers. We do not share any of the individual personal information you provide us with the websites to which we link, although we may share aggregate data with such websites (such as how many people use our Website). Please check with those third party Websites to determine their privacy policy.

International Users

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using the Website, you consent (1) to the transfer of such information to the U.S. (2) to the resolution of any and all disputes under the laws of North Carolina and (3) to the Federal and state courts located in Wake County, North Carolina as the exclusive venue for the resolution of any and all disputes.

Security

This Website has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. Of course, no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered as a secure means of communication unless encrypted. Access to the personal information contained on the Website is limited to a very small number of employees with a defined need and is password protected.

Ultimately, you are solely responsible for determining whether you intend for your personal information to be confidential and for maintaining its confidentiality. Please be careful and responsible whenever you’re online.

Customer Refund Policy

Local Eye Site (LES, localeyesite.com) offers an online, recurring-fee based recruitment advertising service for the eye care industry. LES service is delivered via online job postings that are purchased in monthly increments by LES customers. Local Eye Site's commitment is to display purchased job-postings on localeyesite.com, as well as distribution and/or promotion of all LES customer' job-postings across the "LES Power Network" as described on our website, localeyesite.com. Local Eye Site also provides access to our "Connect2Hire" technology for email blasts to the LES job-seeker database.
If LES does not fulfill its commitment to properly display customer job-postings on localeyesite.com, and/or properly promote by the LES Power Network, or if the "Connect2Hire" email blast technology is not delivered as promised on localeyesite.com, then LES will deliver a full refund of any fees associated with that period and purchased job-posting. The refund will be delivered to the LES customer within 30 days of the date that LES receives notice of its failure to fulfill its commitment described above.


Job-Posting Renewals
Local Eye Site job-postings are purchased and delivered in monthly increments. At the time of purchase, LES customers are notified that the job-posting fee will automatically recur according to the purchased plan term (so that the job-posting may remain on the website, and the LES Power Network). The LES job-posting fee will recur on every "anniversary" date according to the plan parameters, unless the LES auto-renewal feature is turned off. The auto-renewal feature may be turned off at any time at LES customer discretion from "Account Settings" on the customer's online dashboard. If the auto-renewal feature is turned off, the job-posting will be removed from localeyesite.com, and the LES Power Network after the expiration of the original purchased plan term.
If the auto-renewal feature is not turned off, then at every "anniversary" date the LES customer will be notified via email that their subscription has been renewed for an additional term. Again, this recurring fee may be terminated at any time by the LES customer via the "Account Settings" link on the LES customer dashboard, or by emailing Local Eye Site at info@localeyesite.com.
If after a subscription is renewed and the fee is charged on the "anniversary" date, the LES customer decides that they no longer want to maintain their subscription, LES must be notified within 2 business days of their "anniversary" date that the customer would no longer like to maintain their subscription, and they would like for their posting to be removed from localeyesite.com and the LES Power Network immediately. If LES receives this notification within 2 business days of the anniversary, then LES will provide a full refund of the fee for that period that will be refunded within 30 days.
Local Eye Site makes no representations or guarantees of effectiveness, candidate response or ability to hire as a result of the LES/Power Network job-posting, as many factors impact candidate response and LES customer's ability to recruit effectively.


Discounts and Special Offers
Any job posting subscription packages purchased on a discount by use of a coupon code, or through any other promotional offer in which a monetary value is subtracted from the regular price, may not renew at the discounted price unless otherwise explicitly specified. This excludes special pricing set aside for network partner affiliations, membership discounts, and any other special subscription pricing established on an individual basis.

Corrections and Questions

If you desire to change or modify information previously provided or if you have questions about this privacy policy or the practices of the Website, you may either email help@localeyesite.com or contact us at the following address: 514 Daniels Street, Box 285 Raleigh, NC 27605.

BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO ABIDE BY THE TERMS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.