TERMS AND CONDITIONS OF USE

Any user’s (hereinafter referred to as “you”) access to and use of this site constitutes your agreement, without modification, to all terms, conditions, and notices contained herein. We reserve the right to change or modify our site and/or the terms and conditions at any time and for any reason. Your continued use after any such changes constitutes acceptance of the modified terms. If you do not agree to all of these terms and conditions, you do not have our permission to access our Web site.  

TERM OF USE

This Agreement will become effective immediately upon your access or other use of our site and shall remain effective for so long as you continue to use our site. We may terminate your use of our site for violation of any of our policies as set forth herein.  However, all disclaimers, limitations of liability, ownership, choice of law, arbitration, and indemnities provided herein shall survive termination of this agreement.

THIRD PARTY USE OF SITE

Eyehunter.com is a service that matches optometrists and optical professionals with others that offer jobs, equipment and other assistance.  Users are cautioned to conduct appropriate research into any party with which they choose to enter a transaction and into any other aspect of any potential transaction.  Although Eyehunter.com may monitor the conduct of any user that uses this website, Eyehunter.com does not research, conduct due diligence, or conduct any other kind of investigation concerning any party that uses its web site. Eyehunter.com provides no other services, and does not make any representation about any services or other items or materials offered by any other users of this site, nor does Eyehunter.com endorse any claims made by any other users of this site.  This site contains hyperlinks, email address, and other information that may direct you to other sites on the Internet or to other third parties. These third parties are not under our control and you agree that we are not responsible for any aspect of such sites or any aspect of any relationship that you might enter into with any third party. The inclusion of such links, email addresses and other information on this site does not imply a partnership, joint venture or other association with such site and does not constitute an endorsement of such web site content or provider claims or offers. Eyehunter.com expressly disclaims all liability for any harm suffered as a result of your use of this site, including without limitation liability for any third party use of our site or individual accounts, or of any statements, misrepresentations or actions.

NO WARRANTIES

EYEHUNTER.COM, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES PROVIDE OUR WEB SITE, ITS CONTENT, AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER SUCH DAMAGES MAY ARISE, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WHETHER UNDER THESE TERMS OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO REFUND OF ANY MONIES PAID BY YOU TO US, IF ANY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Where such exclusion or limitation of liability for consequential or incidental damages is limited by law, our liability is limited to the greatest extent permitted by law.

INDEMNITY

You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or in any way related to your use of this web site or your violation of any law or the rights of a third party.

WEB SITE POLICIES

As a user, if you at any time violate any policies or procedures, as they may be adopted by us, we may suspend your use and/or access of our site.  To report any misuse by others, please email us at Support@EyeHunter.com.

You represent that your use of any common areas we may choose to provide, such as forums and/or other message areas, shall be consistent with the declared purpose of the applicable forum.  Your messages and material shall be relevant to, and appropriate for, the subject matter indicated for such forum.  Any usage determined by Eyehunter.com, at its sole discretion, to be inappropriate or irrelevant is subject to any or all of the following:  removal of the irrelevant or inappropriate material; suspension of any or all of the user’s privileges of use of this site; or any other action that Eyehunter.com deems appropriate.  You understand that Eyehunter.com may revoke use privileges at any time for any reason or for no reason.   You expressly agree not to:

•             Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•           Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
•           Use our site for any purpose which is in violation of local, state, national or international law.
•           Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
•           Upload files that contain viruses, corrupted files, or any other similar software or services that may damage the operation of another's computer.
•             Advertise or offer to sell any goods or services for any commercial purpose on our site which are not relevant to the services offered on our site.
•             Conduct or forward surveys, contests, pyramid schemes or chain letters.
•             Impersonate another person or allow any other person or entity to your identification to post or view comments.
•           Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
•             Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through our site or that violates our policies.
•           Restrict or inhibit any other user from using and enjoying the common areas.

ACCURACY OF INFORMATION

You represent that any information you provide to us or other users in the registration process, through any e-mail feature or through regular mail shall be accurate, timely and complete.  You represent and warrant that you are the owner of or a licensee or otherwise have the right to use any information or materials that you post or transmit for use on the site. You hereby grant Eyehunter.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials you post in any common area of this site. Any submissions to common areas will be public, and we will not be responsible for the action of other users with respect to any information or materials posted in common areas.

AVAILABILITY OF SERVICES

You understand and agree that services are available only to those who may form legally binding contracts within the United States. Eyehunter.com is not responsible for any misinformation that may be provided by any third party user of this site, either deliberately or otherwise.   You may not, at any time, solicit any user of this site for any employment, contract or service that is unrelated to the purpose of this site.

ACCOUNT USAGE

You agree that you shall be the sole user of your account, and that you shall monitor, and be responsible for, any third party usage of your account.  If you suspect unauthorized usage of your account, notify us immediately at Support@EyeHunter.com. 

BILLING

Certain accounts require payment of a fee for registration.  You agree to pay the posted fee for services.  You understand that the rates may change from time to time, at our sole discretion.  Our payment site is secure, and we will use our best efforts to ensure the privacy of all payment transactions.  However, we expressly disclaim any liability for any damage that may result should any information be inadvertently released to any third parties. You hereby agree to hold Eyehunter.com harmless from and against any damages that may result therefrom.

COPYRIGHTS, TRADEMARKS OTHER INTELLECTUAL PROPERTY

You agree that all materials displayed and/or contained on any portion of this Web site are our property. You understand that you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the materials contained on this site.  The service marks and trademarks EYEHUNTER.COM and accompanying logo are service marks owned by Eyehunter.com.  Any other trademarks, service marks, logos and/or trade names appearing on this site are the property of their respective owners. You acknowledge our rights and the rights of third parties in those marks. You may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

We respect the intellectual property rights of others. If you believe that anything accessible on this site has infringed on your copyright, please contact our agent for notice of claims of copyright infringement. In your correspondence, set forth the following information:

1. Your physical or electronic signature, or that of a person authorized to act on your behalf;

2. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that you claim infringes your copyright or that you claim is the subject of infringing activity (you must give us sufficient information to find the material) and that is to be removed or access to which is to be disabled;

4. Your address, telephone number, and, if available, e-mail address or other information reasonably sufficient to permit the us to contact you;

5. A statement that you have a good faith belief that use of the material is not authorized by you, your agent, or the law;

6. A statement that the information in your notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please forward your correspondence to our agent for notice of claims, who can be reached at: Administrator, 2941 Moss Creek Ct., McKinney, TX 75070.

USE BY MINORS

Eyehunter.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We maintain strict compliance with the Rules and Regulations set forth thereunder. This site is intended for use by adults over the age of 18.  We make every attempt to confirm the age of our users and will not knowingly collect any information from children under 13. You must identify your age during the registration process. We do not assume any responsibility for any misrepresentations regarding your age or parental consent when using our site. If you provide any false information when using our site, your membership will be terminated immediately.

CHOICE OF LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflicts of laws principles.

Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be settled by arbitration in McKinney, Texas in accordance with the governing rules of the Better Business Bureau. Judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court of competent jurisdiction.

RELATIONSHIP OF THE PARTIES

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between us and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Eyehunter.com with respect to the subject matter except as set forth herein.

SEVERABILITY

These terms and conditions constitute the entire agreement between you and us with respect to your use of this site. The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and the agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.