WEBSITE
SERVICE AGREEMENT/TERMS OF USE
IMPORTANT -- PLEASE READ
________________________________________________
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION
OF ALLOWING YOU ACCESS.
READING
AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING
THE PROVISIONS OF THE PRIVACY POLICY AND DISCLAIMER
OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE
WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT
WITH IT.
ALL
PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY
READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY
VIEWING, VISITING, USING, OR INTERACTING WITH THIS
WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING
THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS
OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY
AND DISCLAIMER OF THIS WEBSITE.
ALL
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT
IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH
THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.
THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL
THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA)
OF 1998.
THIS
WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON
OR VIEWER FOR ANY REASON. UNDER THE TERMS OF
THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION
FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND
STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION
AND FOR OTHER USES.
THE
TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE
CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE,
TO KEEP THEMSELVES INFORMED OF CHANGES.
1. ACCEPTANCE
OF TERMS
The
services that Rebuild Your Vision provides to the
user is subject to the following Terms of Use. Rebuild
Your Vision reserves the right to update the Terms
of Use at any time without notice to the user. The
most current version of the Terms of Use can be reviewed
by clicking on the "Terms of Use" hypertext link located
at the bottom of our Web pages.
A. This
Agreement, which incorporates by reference other
provisions applicable to use of www.rebuildyourvision.com,
including, but not limited to, supplemental terms
and conditions set forth hereof ("Supplemental Terms")
governing the use of certain specific material contained
in www.rebuildyourvision.com, sets forth the terms
and conditions that apply to use of www.rebuildyourvision.com
by the user. By using Rebuild Your Vision and www.rebuildyourvision.com
the user agrees to comply with all of the terms
and conditions hereof. The right to use www.rebuildyourvision.com
is personal to the user and is not transferable
to any other person or entity. The user is responsible
for all use of the user account (under any screen
name or password) and for ensuring that all use
of the user account complies fully with the provisions
of this agreement. The user shall be responsible
for protecting the confidentiality of the user password(s),
if any.
B. Rebuild
Your Vision shall have the right at any time to
change or discontinue any aspect or feature of www.rebuildyourvision.com,
including, but not limited to, content, hours of
availability, and equipment needed for access or
use.
2. CHANGED
TERMS
Rebuild
Your Vision shall have the right at any time to change
or modify the terms and conditions applicable to the
user use of www.rebuildyourvision.com, or any part
thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which
may be given by means including, but not limited to,
posting on www.rebuildyourvision.com, or by electronic
or conventional mail, or by any other means by which
the user obtains notice thereof. Any use of www.rebuildyourvision.com
by the user after such notice shall be deemed to constitute
acceptance by the user of such changes, modifications
or additions.
3. DESCRIPTION
OF SERVICES
Through
its Web property, Rebuild Your Vision provides the
user with access to a variety of resources, including
download areas, communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to
the Terms of Use.
4. EQUIPMENT
The
user shall be responsible for obtaining and maintaining
all telephone, computer hardware, software and other
equipment needed for access to and use of www.rebuildyourvision.com
and all charges related thereto.
5. USER
CONDUCT
A. The
user shall use www.rebuildyourvision.com for lawful
purposes only. The user shall not post or transmit
through www.rebuildyourvision.com any material which
violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a
criminal offense, give rise to civil liability or
otherwise violate any law, or which, without Rebuild
Your Vision 's express prior approval, contains
advertising or any solicitation with respect to
products or services. Any conduct by a user that
in Rebuild Your Vision's discretion restricts or
inhibits any other user from using or enjoying www.rebuildyourvision.com
will not be permitted. The user shall not use www.rebuildyourvision.com
to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation
of user to become subscribers of other on-line information
services competitive with Rebuild Your Vision.
B. www.rebuildyourvision.com
contains copyrighted material, trademarks and other
proprietary information, including, but not limited
to, text, software, photos, video, graphics, music
and sound, and the entire contents of www.rebuildyourvision.com
are copyrighted as a collective work under the United
States of America copyright laws. Rebuild Your Vision
owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as
well as in the content original to it. The user
may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or
in any way exploit, any of the content, in whole
or in part. The user may download copyrighted material
for the users personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted
without the express permission of Rebuild Your Vision
and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made.
The user acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
C. The
user shall not upload, post or otherwise make available
on www.rebuildyourvision.com any material protected
by copyright, trademark or other proprietary right
without the express permission of the owner of the
copyright, trademark or other proprietary right
and the burden of determining that any material
is not protected by copyright rests with the user.
The user shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a
submission. By submitting material to any area of
www.rebuildyourvision.com, the user automatically
grants, or warrants that the owner of such material
has expressly granted Rebuild Your Vision the royalty-free,
perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole
or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now
known or hereafter developed for the full term of
any copyright that may exist in such material. The
user also permits any other user to access, view,
store or reproduce the material for that users personal
use. The user hereby grants Rebuild Your Vision
the right to edit, copy, publish and distribute
any material made available on or submitted to www.rebuildyourvision.com
by the user.
D. The
foregoing provisions of Section 5 are for the benefit
of Rebuild Your Vision, its subsidiaries, affiliates
and its third party content providers and licensors
and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. USE
OF SERVICES
The
Services may contain email services, bulletin board
services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities
designed to enable the user to communicate with others
(each a "Communication Service" and collectively "Communication
Services"). The user agrees to use the Communication
Services only to post, send and receive messages and
material that are proper and, when applicable, related
to the particular Communication Service. By way of
example, and not as a limitation, the user agrees
that when using the Communication Services, the user
will not:
- Use
the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages
(commercial or otherwise).
- 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 inappropriate,
profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
- Upload,
or otherwise make available, files that contain
images, photographs, software or other material
protected by intellectual property laws, including,
by way of example, and not as limitation, copyright
or trademark laws (or by rights of privacy or publicity)
unless The user own or control the rights thereto
or have received all necessary consent to do the
same.
- Use
any material or information, including images or
photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary
right of any party.
- Upload
files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any
other similar software or programs that may damage
the operation of another's computer or property
of another.
- Advertise
or offer to sell or buy any goods or services for
any business purpose, unless such Communication
Services specifically allows such messages.
- Download
any file posted by another user of a Communication
Service that the user knows, or reasonably should
know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
- Falsify
or delete any copyright management information,
such as author attributions, legal or other proper
notices or proprietary designations or labels of
the origin or source of software or other material
contained in a file that is uploaded.
- Restrict
or inhibit any other user from using and enjoying
the Communication Services.
- Violate
any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
- Harvest
or otherwise collect information about others, including
email addresses.
- Violate
any applicable laws or regulations.
- Create
a false identity for the purpose of misleading others.
- Use,
download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory
of user(s) of the Services or other user or
usage information or any portion thereof.
Rebuild
Your Vision has no obligation to monitor the Communication
Services. However, Rebuild Your Vision reserves the
right to review materials posted to the Communication
Services and to remove any materials in its sole discretion.
Rebuild Your Vision reserves the right to terminate
the user access to any or all of the Communication
Services at any time, without notice, for any reason
whatsoever. Rebuild Your Vision reserves the right
at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit,
refuse to post or to remove any information or materials,
in whole or in part, in Rebuild Your Vision's sole
discretion.
Materials
uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or
dissemination; the user is responsible for adhering
to such limitations if the user downloads the materials.
Always use caution when giving out any personally
identifiable information in any Communication Services.
Rebuild Your Vision does not control or endorse the
content, messages or information found in any Communication
Services and, therefore, Rebuild Your Vision specifically
disclaims any liability with regard to the Communication
Services and any actions resulting from the user participation
in any Communication Services. Managers and hosts
are not authorized Rebuild Your Vision spokespersons,
and their views do not necessarily reflect those of
Rebuild Your Vision.
7. NOTICE
SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission
to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears
in all copies and that both the copyright notice and
this permission notice appear, (2) use of such Documents
from the Services is for informational and non-commercial
or personal use only and will not be copied or posted
on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made.
Accredited educational institutions, such as universities,
private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution
in the classroom with our written consent. Use for
any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
REBUILD
YOUR VISION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. REBUILD YOUR VISION
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL REBUILD YOUR VISION AND/OR
ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. REBUILD YOUR VISION AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
8. NOTICES
REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS
SITE
IN
NO EVENT SHALL REBUILD YOUR VISION AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
9. MATERIALS
PROVIDED TO REBUILD YOUR VISION OR POSTED
AT ANY OF ITS WEBSITES
Rebuild
Your Vision does not claim ownership of the materials
the user provides to Rebuild Your Vision (including
feedback and suggestions) or post, upload, input or
submit to any Services or its associated services
for review by the general public, or by the members
of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting")
the user submission the user is granting Rebuild Your
Vision, its affiliated companies and necessary sublicenses
permission to use the user submission in connection
with the operation of their Internet businesses (including,
without limitation, all Rebuild Your Vision Services),
including, without limitation, the license rights
to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
the user submission; to publish the user name in connection
with the user submission; and the right to sublicense
such rights to any supplier of the Services.
No compensation will be paid with respect to the use
of the user submission, as provided herein. Rebuild
Your Vision is under no obligation to post or use
any submission the user may provide and Rebuild Your
Vision may remove any submission at any time in its
sole discretion. By posting a submission the user
warrants and represents to own or otherwise control
all of the rights to the user submission as described
in these Terms of Use including, without limitation,
all the rights necessary for the user to provide,
post, upload, input or submit the Submissions.
In
addition to the warranty and representation set forth
above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical
in whole or in part ("Images"), the user warrants
and represents that (a) user is the copyright owner
of such Images, or that the copyright owner of such
Images has granted the user permission to use such
Images or any content and/or images contained in such
Images consistent with the manner and purpose of the
user use and as otherwise permitted by these Terms
of Use and the Services, (b) the user has the rights
necessary to grant the licenses and sublicenses described
in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use,
including, by way of example, and not as a limitation,
the distribution, public display and reproduction
of such Images. By Posting Images, the user is granting
(a) to all members of the users private community
(for each such Images available to members of such
private community), and/or (b) to the general public
(for each such Images available anywhere on the Services,
other than a private community), permission to use
the user Images in connection with the use, as permitted
by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making
prints and gift items which include such Images),
and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat the user Images without
having the user name attached to such Images, and
the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding
sentences for an Images will terminate at the time
the user completely remove such Images from the Services,
provided that, such termination shall not affect any
licenses granted in connection with such Images prior
to the time the user completely remove such Images.
No compensation will be paid with respect to the use
of the user Images.
10. DISCLAIMER
OF WARRANTY; LIMITATION OF LIABILITY
A. THE
USER EXPRESSLY AGREES THAT USE OF WWW.REBUILDYOURVISION.COM IS
AT THE USERS SOLE RISK. NEITHER REBUILD YOUR VISION,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT WWW.REBUILDYOURVISION.COM WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF WWW.REBUILDYOURVISION.COM AND THE REBUILD
YOUR VISION PROGRAM, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH WWW.REBUILDYOURVISION.COM.
B. WWW.REBUILDYOURVISION.COM
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT REBUILD YOUR VISION IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
USER.
D. IN NO EVENT
WILL REBUILD YOUR VISION, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
WWW.REBUILDYOURVISION.COM THE REBUILD YOUR VISION
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE WWW.REBUILDYOURVISION.COM.
USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN
ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, REBUILD
YOUR VISION, NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF
THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN WWW.REBUILDYOURVISION.COM, OR FOR ANY DELAY
OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES
OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR
TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED
TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE
TO VERIFY PRICING OR OTHER INFORMATION. REBUILD
YOUR VISION, ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, REBUILD YOUR VISION, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT
OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY
OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
G. FORCE
MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS
OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT
AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES
OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS
OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE
PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE
OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS
FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT
SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING
ITS OBLIGATIONS UNDER THIS AGREEMENT.
11. LINKS
TO THIRD PARTY SITES (If Any)
THE
LINKS IN THIS AREA WILL LET YOU LEAVE REBUILD YOUR
VISION'S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF REBUILD YOUR VISION AND REBUILD YOUR
VISION IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. REBUILD
YOUR VISION IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. REBUILD YOUR VISION IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY REBUILD
YOUR VISION OF THE SITE.
Rebuild
Your Vision is a distributor (and not a publisher)
of content supplied by third parties and the users.
Accordingly, Rebuild Your Vision has no more editorial
control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content
expressed or made available by third parties, including
information providers, the users or any other user
of www.rebuildyourvision.com, are those of the respective
author(s) or distributor(s) and not of Rebuild Your
Vision. Neither Rebuild Your Vision nor any third-party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
In
many instances, the content available through www.rebuildyourvision.com
represents the opinions and judgments of the respective
information provider, the user, or other user not
under contract with Rebuild Your Vision. Rebuild
Your Vision neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice
or statement made on www.rebuildyourvision.com by
anyone other than authorized Rebuild Your Vision employee
spokespersons while acting in their official capacities.
Under no circumstances will Rebuild Your Vision be
liable for any loss or damage caused by a the users
reliance on information obtained through www.rebuildyourvision.com.
It is the responsibility of the user to evaluate the
accuracy, completeness or usefulness of any information,
opinion, advice or other content available through
Rebuild Your Vision. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
12. UNSOLICITED
IDEA SUBMISSION POLICY
REBUILD
YOUR VISION OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR
NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS.
THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN REBUILD YOUR VISIONPRODUCTS
OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO REBUILD YOUR VISION. SO, PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO REBUILD YOUR VISION OR
ANYONE AT REBUILD YOUR VISION. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT REBUILD YOUR
VISION MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
13. MONITORING
Rebuild
Your Vision shall have the right, but not the
obligation, to monitor the content of www.rebuildyourvision.com,
including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established
by Rebuild Your Vision and to satisfy any law, regulation
or authorized government request. Rebuild Your Vision
shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to
or posted on www.rebuildyourvision.com. Without limiting
the foregoing, Rebuild Your Vision shall have the
right to remove any material that Rebuild Your Vision,
in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
14. INDEMNIFICATION
The
user agrees to defend, indemnify and hold harmless
Rebuild Your Vision, its affiliates and their respective
directors, officers, employees and agents from and
against all claims and expenses, including attorneys'
fees and a $10,000 administration fee, arising out
of the use of Rebuild Your Vision by the user or users
Account.
15. TERMINATION
Either
Rebuild Your Vision or the user may terminate this
Agreement at any time. Without limiting the foregoing,
Rebuild Your Vision shall have the right to immediately
terminate the user account in the event of any conduct
by the user which Rebuild Your Vision, in its sole
discretion, considers to be unacceptable, or in the
event of any breach by the user of this Agreement.
16. MISCELLANEOUS
This
Agreement and any operating rules for www.rebuildyourvision.com
established by Rebuild Your Vision constitute
the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous
written or oral agreements between the parties with
respect to such subject matter. This Agreement shall
be construed in accordance with the laws of Washington
State, United State of America, without regard to
its conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for
convenience only and shall not be given any legal
import.
17. COPYRIGHT
NOTICE
Rebuild
Your Vision and its logos are copyrights
of Rebuild Your Vision, LLC. All rights reserved.
All other trademarks appearing on Rebuild Your Vision
are the property of their respective owners.
18.
JURISDICTION AND VENUE
If
any matter concerning this purchase shall be brought
before a court of law, pre- or post-arbitration, Viewer,
visitor, member, subscriber or customer agrees to
that the sole and proper jurisdiction to be the state
and city declared in the contact information of the
web owner unless otherwise here specified. Washington
State, United States of America. In the event
that litigation is in a federal court, the proper
court shall be the closest federal court to the Seller's
address.
19.
APPLICABLE LAW
Viewer,
visitor, member, subscriber or customer agrees that
the applicable law to be applied shall, in all cases,
be that of the state of the Seller.
20. TRADEMARKS/COPYRIGHTS
The
names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
Any
rights not expressly granted herein are reserved.
DISCLAIMER
The
information contained within the Rebuild Your Vision
program and www.rebuildyourvision.com is intended
for use as an educational device for the self-improvement
of visual clarity. In no way or form is this program
a substitute for professional optometric or ophthalmologic
eye care in the treatment of visual disorders. The
statements contained within this website have not
been evaluated by the Food and Drug Administration.
By using the Rebuild Your Vision program and www.rebuildyourvision.com
the user assumes all risks and liabilities associated
with the application of the techniques defined within
this book. Although all the concepts and techniques
taught in this program are considered safe to our
knowledge, always consult an optometrist or ophthalmologist
before beginning any of the described exercises,
methods and techniques to determine if any particular
disease or disorder is present that may require specialized
treatment. No individual who has partaken in the conception
of this book may be held responsible for any damage,
claim, or injury resulting from any of the applied
or practiced techniques contained within this book,
website and kit.
CONTACT
INFORMATION
support@rebuildyourvision.com
1-877-733-4543 |