LOCAL EYE SITE 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 RBM Associates, 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, RBM Associates, 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 RBM Associates, 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. RBM Associates, 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 RBM Associates, 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 firstname.lastname@example.org 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 RBM Associates, LLC and/or the Website. Your use of the Website grants you no right or license to reproduce, display, publicly perform, distribute, or otherwise use LES 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 email@example.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 RBM Associates, 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 RBM Associates, 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.
Optional Pre-Employment Exam: This Website includes a link to a pre-employment exam administered by a third-party vendor unaffiliated with this Website, which you are able to take without cost when you first apply for a job opening posted on this site. Neither RBM Associates, LLC nor this Website has any control over, or input into, this exam, its format, its questions or its results. You may choose not to take the exam, and this decision will not affect your ability to submit your application with a resume/cover letter for a job opening posted on this Website. Employers using this Website may access your score on the exam from the third-party vendor (for a fee), and may use your score as part of their hiring decision with respect to your application. You acknowledge and agree that neither RBM Associates, LLC nor this Website is responsible for administering the exam, your score on the exam, or how a prospective employer may or may not use your score as part of its hiring decision. You further acknowledge and agree that the third-party vendor is your sole source for resolving any complaints or other issues you may have with the exam, your score on the exam, how the exam and your score are used by potential employers, or any other matters related to the exam, and you release RBM Associates, LLC and this Website from any and all liability with respect to the exam, your score or use of the exam results by employers.
9. No Damages. In no event will the Website or RBM Associates, 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.
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.
Corrections and Questions