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| PARTIES TO THIS AGREEMENT |
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Visitors, viewers, users, members, affiliates or
customers, collectively referred to herein as
“Visitors” are parties to this Agreement. The
website and Eye Care International, its
owners and operators, are parties to this
Agreement, herein referred to as “Website”. |
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| By viewing, visiting, using, or
interacting with this website or with any
marketing materials or advertising (banners or
pop ups) that appears on it, you are agreeing to
all the provisions of this
Terms of Use Agreement and the
Privacy Policy of this website. This website
reserves the right to deny access to any person
or viewer for any reason. |
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| 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. |
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| USE OF INFORMATION FROM THIS
WEBSITE |
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| Except
for ECI Vision Plan fulfillment materials you
may have printed by enrolling in the plan and
unless you have entered into an express written
contract to the contrary with Eye Care
International, Inc., (ECI), owners of this
website. Visitors have no right to use this
information in a commercial or public setting.
They have no right to broadcast it, copy it,
save it, print it, sell it, or publish any
portion of the content of this website,
including its databases, invisible pages, linked
pages, underlying code or other intellectual
property the site may contain. You acknowledge
that any unauthorized use is unlawful and may
subject you to legal penalties. Visitor warrants
that he or she understands that accepting this
provision is a condition of viewing and that
viewing constitutes acceptance. |
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| HYPERLINKING TO SITE,
CO-BRANDING, “FRAMING” AND REFERENCING SITE
PROHIBITED |
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| Unless
expressly authorized in writing by Eye Care
International, Inc., (ECI), owner of this website,
no one may hyperlink this site, or portions
thereof to theirs for any reason, including but
not limited to, logo types, trademarks, branding
or copyrighted material) for any reason.
Further, you are not allowed to reference the url (www.ecivisionplan.com) of this website in
any commercial or non commercial media without
express written permission of ECI, nor are you
allowed to “Frame” the site. You specifically
agree to cooperate with ECI to remove or
de-activate any such activities and be liable
for all damages. |
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| DISCLAIMER FOR HARM CAUSED
TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING
WITH THIS |
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| WEBSITE OR ITS CONTENTS.
VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR
OTHER |
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| CORRUPTING FACTORS |
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| Eye
Care International, Inc., (ECI) owner of the
website, assumes no responsibility for damage to
computers or software of the visitor or any
person the visitor subsequently communicates
with from corrupting code or data that is
inadvertently passed to the visitor’s computer.
Visitor views and interacts with this website,
including marketing or advertising displayed
thereon, at his/her own risk. |
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| LIMITATION OF LIABILITY |
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| By
viewing, using, or interacting in any manner
with this site, including banners, advertising,
pop ups, downloads, and as a condition of Eye
Care International, Inc., owner of the website,
to allow his/her lawful viewing, Visitor forever
waives all right to claims of damage of any and
all description based on any causal factor
resulting in any possible harm, whether physical
or emotional, foreseeable or unforeseeable,
whether personal or business in nature. |
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| INDEMNIFICATION |
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Visitor agrees that in the event he/she causes
damage, which the Website is required to pay
for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all such
expenses. |
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| DISPUTES |
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Visitor agrees to use binding arbitration for
any claim, dispute, or controversy of any kind
(whether in contract, tort or otherwise) arising
out of or relating to the purchase of a ECI
Vision Plan Membership, including solicitation
issues, privacy issues and terms of use issues. |
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| Arbitration shall be conducted
pursuant to the rules of the American
Arbitration Association which are in effect on
the date a dispute is submitted to the American
Arbitration Association. Hearing will take place
in the city or county where ECI is located.
Visitor agrees that the applicable law to be
applied shall, in all cases, be that of the
state where ECI is located. |
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arbitrator’s decision will be final and binding
with limited rights of appeal. The prevailing
party shall be reimbursed by the other party for
any and all costs associated with the dispute
arbitration, including attorney fees, collection
fees, investigation fees and travel expenses. |
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| ECI CONTACT INFORMATION |
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Eye
Care International, Inc.
1511 North Westshore Blvd, Suite 925
Tampa, Florida 33607
support@ecivisionplan.com |
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